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HomeMy WebLinkAboutMINUTES - 04042023 - BOS 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 JOHN GIOIA, CHAIR, 1ST DISTRICT FEDERAL D. GLOVER, VICE CHAIR, 5TH DISTRICT CANDACE ANDERSEN, 2ND DISTRICT DIANE BURGIS, 3RD DISTRICT KEN CARLSON, 4TH DISTRICT MONICA NINO, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 655-2075 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. 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 April 4, 2023            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--EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)) Linda Wenneker v. Contra Costa County, WCAB Nos. ADJ3431606, ADJ2954617, ADJ21349771. Amy Havea v. Contra Costa County, WCAB No. ADJ149420272. Maria Paz Gamez v. Maria Elena Lopez, et al., Contra Costa County Superior Court Case No.: C21-008473. C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d): One potential case. D. PUBLIC EMPLOYMENT Title: Veterans Service Officer Inspirational Thought- “We cannot seek achievement for ourselves and forget about progress and prosperity for our community.” and “The fight is never about grapes or lettuce. It is always about people.” ~ Cesar Chavez, American Labor Leader and Civil Rights Activist Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor Absent: Ken Carlson, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:Monica Nino, County Administrator Thomas Geiger, County Counsel  There were no announcements from closed session.   CONSIDER CONSENT ITEMS (Items listed as C.1 through C.106 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION recognizing April 23 - 29, 2023 as National Library Week. (Alison McKee, County Librarian)   PRESENTATION proclaiming April 2023 as National Sexual Assault Awareness and Prevention Month. (Marla Stuart, Employment and Human Services Director)   PRESENTATION recognizing April 2023 as Child Abuse Prevention Month. (Marla Stuart, Employment and Human Services Director)   DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no consent items removed for discussion.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    Michelle spoke in support of a local business owner she says is being harrassed by one of the County's code enforcement officers and notes the site is in full compliance with all codes; Caller 1 said that since Supervisor Gioia's leadership has resulted in the county becoming more communist, citing the perceived lack of items on today's agenda for the public to comment upon. She believes that many of the consent items should have been placed as discussion items because two minutes to speak on items is insufficient; and accuses Chair Gioia of receiving and giving kickbacks; Caller 6770 spoke on ironic situations, specifically the benefits of a universal basic income in contrast to agencies suffering from high position vacancies. He believes that UBI programs whilst there are job vacancies causing distress throughout society is communism. Lisa Kirk did not wish to speak but left written commentary for the Board's consideration regarding spay and neuter needs and possible funding sources. (attached)   D. 3 CONSIDER reports of Board members.    Chair Gioia traveled last week to Washington, D.C. as the Board of Supervisors representative on behalf of Marin Clean Energy (MCE). MCE is the community choice energy provider in Contra Costa, Solano, Napa and Marin. Chair Gioia attended two days of meetings with members of Congress and staff of legislators with regard to funding issues for MCE and our rate payers.   11:00 A.M. 29th Annual Cesar E. Chavez Commemorative Celebration   ADJOURN in memory of Bill Pelter   CONSENT ITEMS   Road and Transportation   C. 1 ADOPT Resolution No. 2023/82 to terminate and abandon approximately 25 feet of excess road right of way on Wayne Avenue, and APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute on behalf of the County, a quitclaim deed to quitclaim the County’s interest in the former right of way and any remaining interest in this area, as recommended by the Public Works Director, Alamo area. (100% Applicant Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 2 ADOPT Resolution No. 2023/88 ratifying the prior decision of the Public Works Director, or designee, to fully close portions of Miramonte Road, Terrace Road, and Carmello Road on April 3, 2023 through June 30, 2023, from 7:00 a.m. through 5:00 p.m., for the purpose of installing approximately 2,940 feet of water main, service transfers, hydrants and connections, Walnut Creek area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 3 ADOPT Resolution No. 2023/94 approving and authorizing the Public Works Director, or designee, to fully close a portion of Oak View Avenue between Santa Fe Avenue and Colusa Avenue, on every Sunday beginning April 9, 2023 until April 7, 2024 from 6:00 a.m. through 4:00 p.m., for the purpose of a farmers’ market, Kensington area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 4 APPROVE and AUTHORIZE the Auditor's Office to issue a warrant in the amount of $20,000 to the    C. 4 APPROVE and AUTHORIZE the Auditor's Office to issue a warrant in the amount of $20,000 to the Metropolitan Transportation Commission for Pavement Technical Assistance Program Matching Funds, as recommended by the Public Works Director, Countywide. (100% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 5 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Public Works Director, a blanket purchase order with Cresco Equipment Rental, in an amount not to exceed $300,000, for rentals of heavy equipment used for road and flood control maintenance, for the period April 4, 2023 through April 3, 2026, Countywide. (100% Local Road and Flood Control Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 6 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Public Works Director, a blanket purchase order with Herc Rentals Inc., in an amount not to exceed $300,000, for rentals of heavy equipment used for road and flood control maintenance, for the period April 4, 2023 through April 3, 2026, Countywide. (100% Local Road and Flood Control Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Engineering Services   C. 7 ADOPT Resolution No. 2023/95 accepting an Offer of Dedication – Drainage Purposes for development plan permit DP14-03041, for a project developed by IPT Richmond DC LLC, as recommended by the Public Works Director, North Richmond area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 8 ADOPT Resolution No. 2023/96 approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD19-09527, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 9 ADOPT Resolution No. 2023/97 approving the Final Map and Subdivision Agreement for subdivision SD19-09527, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 10 ADOPT Resolution No. 2023/98 approving the Final Map and Subdivision Agreement for subdivision SD21-09591, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 11 ADOPT Resolution No. 2023/99 approving the Road Improvement Agreement, for road agreement RA23-01256, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 12 ADOPT Resolution No. 2023/100 exonerating the Deferred Improvement Agreement for Oak Road frontage improvements, required as a condition of approval for land use permit 316-72, executed April 22, 1975 between Contra Costa County and Jawslee Corporation, as recommended by the Public Works Director, Walnut Creek area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Special Districts & County Airports   C. 13 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month shade hangar rental agreement with Coeur, LLC., for a south-facing shade hangar at Buchanan Field Airport effective March 15, 2023, in the monthly amount of $144, Pacheco area. (100% Airport Enterprise Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 14 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to issue a payment in the amount of $80,000 from the Flood Control Zone 3B Fund payable to the Contra Costa Resource Conservation District to fund the development of a portion of the Walnut Creek Watershed Restoration Plan, as ordered by the Regional Water Quality Control Board 401 Water Quality Certification and Order, Pleasant Hill and Concord areas. (100% Flood Control Zone 3B Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 15 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a contract amendment with Balance Hydrologics, Inc., to increase the payment limit by $650,000 to a new payment limit of $1,020,000 and to extend the term through May 13, 2024, for on-call professional engineering services relating to hydrology/hydraulic studies and modeling, Countywide. (43% Flood Control District Funds, 57% Flood Control Zone 1 Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 16 As the governing body of Contra Costa County and the Contra Costa County Flood Control and Water    C. 16 As the governing body of Contra Costa County and the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Public Works Director and Chief Engineer, or designee, to execute a license agreement with Level 3 Communications, LLC, to access and operate an existing telecommunications conduit system within the Iron Horse Corridor and on District-owned land, during an initial ten-year term ending December 31, 2031, for an initial annual payment of $351,423, Central County area. (100% Applicant Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 17 APPROVE and AUTHORIZE the Director of Airports, or designee, to enter into an Agreement with the Dallas/Fort Worth International Airport Fire Training Research Center for staff training that is required by the Federal Aviation Administration for airports such as Buchanan Field and other similarly certified airports, at an estimated annual cost of $11,000. (100% Airport Enterprise Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 18 Acting as the governing body of the Contra Costa County Fire Protection District, APPROVE AND AUTHORIZE the Fire Chief, or designee, to execute a contract with Sequoia Ecological Consulting, Inc., in an amount not to exceed $1,500,000, for the period of April 15, 2023 through April 14, 2026 with two one-year extension options to April 14, 2028, for multiple environmental projects related to wildfire mitigation and fuel reduction. (34% State, 66% Measure X Sales Tax)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Claims, Collections & Litigation   C. 19 DENY the claims filed by Cheryl Adams, Romelyn Bayaua for R.D., Melinda Briley-Aguilera, Kristina M. Crosby, Farmers Ins. For Muhammad Moin, Ka Bing Go, Laura Gutierrez, Malaya Taylor Keys, Don King, John Muir M.C.,Walnut Creek (2), The North River Ins. Co., Arvind Yeddula Reddy, Angelique Nichole Scott, Dupree E. Straughter, Technology Insurance Co., Inc., and Craig Watson.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Honors & Proclamations   C. 20 ADOPT Resolution No. 2023/106 proclaiming April 2023 as National Sexual Assault Awareness and Prevention Month, 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 Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 21 ADOPT Resolution No. 2023/81 recognizing April 23 - 29, 2023 as National Library Week, as recommended by the County Librarian.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 22 ADOPT Resolution No. 2023/101 honoring Bill Pelter for his many years of service working on behalf of and in service to people with disabilities, as recommended by Supervisor Gioia.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 23 ADOPT Resolution No. 2023/104 honoring Rosa Mena for her many years of service in the Clerk-Recorder Elections office and on the occasion her retirement, as recommended by the Clerk-Recorder.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 24 ADOPT Resolution No. 2023/105 honoring Eren Mendez for her many years of service in the Clerk-Recorder Elections Department and on the occasion of her retirement, as recommended by the Clerk-Recorder.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 25 ADOPT Resolution No. 2023/112 recognizing Frances Kellman-Lima 2023 Youth Hall of Fame Awardee for Volunteerism, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 26 ADOPT Resolution No. 2023/120 recognizing Prisha Purohit as the 2023 Youth Hall of Fame Awardee for Teamwork, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 27 ADOPT Resolution No. 2023/119 recognizing Anay Pant 2023 Youth Hall of Fame Awardee for Leadership and Civic Engagement, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 28 ADOPT Resolution No. 2023/111 recognizing Anayely Arreola Caldera 2023 Youth Hall of Fame Awardee for Perseverance, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 29 ADOPT Resolution No. 2023/118 recognizing Zihan Cherry Chou Youth Hall of Fame Rising Star Awardee for Teamwork, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 30 ADOPT Resolution No. 2023/117 recognizing Aria Capelli 2023 Youth Hall of Fame Awardee for Good Samaritan, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 31 ADOPT Resolution No. 2023/116 recognizing Carter Considine as the 2023 Youth Hall of Fame Rising Star Awardee for Leadership Civic Engagement, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 32 ADOPT Resolution No. 2023/115 recognizing Gianna Baglieri as the 2023 Youth Hall of Fame Rising Star Awardee for Good Samaritan, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 33 ADOPT Resolution No. 2023/114 recognizing Jered E. Clark as the 2023 Youth Hall of Fame Rising Star Awardee for Perseverance, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 34 ADOPT Resolution No. 2023/113 recognizing Makenzie Lee Foster as the 2023 Youth Hall of Fame Rising Star Awardee for Volunteerism, as recommended by the Cesar Chavez Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 35 ADOPT Resolution No. 2023/132 recognizing April 2023 as Child Abuse Prevention Month, 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 Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Ordinances   C. 36 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, ADOPT Ordinance No. 2023-07, establishing fuel mitigation, exterior hazard abatement, defensible space, and fuel break standards within the fire districts. (Cost neutral)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Appointments & Resignations   C. 37 APPOINT Norman Cohen to the District 3 Alternate seat on the Sustainability Commission to a term expiring March 31, 2025, as recommended by Supervisor Burgis.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 38 ACCEPT the resignation of Douglas Dunn, DECLARE a vacancy in the District 3, Seat 3 on the Mental Health Commission, and DIRECT the Clerk of the Board to post the vacancy for a term ending June 30, 2025, as recommended by Supervisor Burgis.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 39 REAPPOINT Odessa LeFrancois to the District 3, Seat 1 on the Measure X Community Advisory Board to a term expiring March 31, 2025, as recommended by Supervisor Burgis.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 40 REAPPOINT Brett J. Morris to the District IV Seat on the Fish and Wildlife Committee for a term ending February 28, 2027, as recommended by Supervisor Carlson.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 41 APPOINT Andrei N. Obolenskiy to the District IV Seat on the Iron Horse Corridor Management Advisory Committee for a term ending January 1, 2027 as recommended by Supervisor Carlson.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 42 DECLARE vacancies in the At-Large 1 Seat for a term ending June 30, 2023, the At-Large 2 Seat, At-Large    C. 42 DECLARE vacancies in the At-Large 1 Seat for a term ending June 30, 2023, the At-Large 2 Seat, At-Large Alternate #1 Seat, and At-Large Alternate #2 Seat for terms ending June 30, 2024 on the Alcohol and Other Drugs Advisory Board, and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Health Services Director.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 43 APPOINT Thomas L. Geiger as County Counsel of Contra Costa County, pursuant to Government Code sections 27640 and 27641, effective April 4, 2023.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 44 APPOINT Joanne Lin-Hening to the District I Alternate seat on the First 5 - Contra Costa Children and Families Commission for a term ending April 4, 2026, as recommended by Supervisor Gioia.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Appropriation Adjustments   C. 45 APPROVE Appropriation Adjustment No. 005053 authorizing the transfer of $1,015,000 in appropriations from the Department of Information Technology (0147) to Telecommunications (0060).       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Intergovernmental Relations   C. 46 ADOPT a position of "Sponsor" on Assembly Bill 540 (Wicks), a bill that would improve and expand mobility options for older and disabled Californians through strengthened policies and the addition of a revenue stream, as recommended by the Legislation Committee.       Speaker: Caller 1.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 47 ADOPT a position of "Support" on AB 817 (Pacheco) Local Government: Open Meetings, a bill that would    C. 47 ADOPT a position of "Support" on AB 817 (Pacheco) Local Government: Open Meetings, a bill that would authorize a subsidiary body to use teleconferencing provisions similar to the emergency provisions indefinitely and without regard to a state of emergency; and a position of "Support" on AB 240 (Kalra) Dogs and Cats: California Spay-Neuter Fund, a bill that would establish the fund to offer competitive grants to specified organizations to increase or develop no or low-cost spay-neuter programs, with fund allocations coming from a new tax on dog and cat food, as recommended by the Legislation Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Personnel Actions   C. 48 ADOPT Position Adjustment Resolution No. 26130 to add one Administrative Services Assistant III (represented) position and cancel one Administrative Services Assistant II-Project (represented) position in the Health Services Department. (100% Drug Medi-Cal Federal Financial Participation/State/Local Revenue Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 49 ADOPT Position Adjustment Resolution No. 26141 to delete one Chief Assistant County Counsel - Exempt position and add one Assistant County Counsel - Exempt position in the Office of the County Counsel. (100% Salary Savings)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 50 ADOPT Position Adjustment Resolution No. 26136 to increase the hours of one part-time 32/40 hour Registered Nurse position (represented) to full-time in the Health Services Department. (100% County General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 51 ADOPT Position Adjustment Resolution No.26134 to add one Administrative Services Assistant II (represented) position, add one Health Services Accountant (represented) position, add one Supervising Accountant (represented) position, and cancel one Health Plan Services Assistant - Exempt (unrepresented) position in the Health Services Department. (50% HMO Enterprise Funds, 50% Health Plan premiums)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 52 ADOPT Position Adjustment Resolution No. 26142 to add one Labor Relations Analyst II (unrepresented) position and cancel one Labor Relations Technician (unrepresented) position in the County Administrators Office. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 53 ADOPT Position Adjustment Resolution No. 26140 to add two Physical Therapist I (represented) positions    C. 53 ADOPT Position Adjustment Resolution No. 26140 to add two Physical Therapist I (represented) positions and add two Registered Nurse (represented) positions in the Health Services Department. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 54 ADOPT Position Adjustment Resolution No. 26137 to increase the hours of one part-time Substance Abuse Counselor position (represented) from 32/40 hours to full-time in the Health Services Department. (100% 2011 State Realignment, AB 109)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 55 ADOPT Position Adjustment Resolution No. 26138 to add one Patient Financial Services Specialist position (represented) in the Public Health California Children’s Services (CCS) Unit of the Health Services Department. (83% State/federal CCS, 17% County General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 56 ADOPT Position Adjustment Resolution No.26133 to add one Administrative Aide - Project (represented) position, cancel one Administrative Services Assistant II - Project (represented) position and cancel three Legal Assistant - Project (represented) positions in the Public Defender's Office. (Cost neutral)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 57 ADOPT Position Adjustment Resolution No. 26135 to add three Medical Record Technician positions and one Medical Records Coder position; and cancel two Clerk - Experienced Level and three Clerk - Senior Level positions (all represented classes) in the Health Services Department. (Cost savings, Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Leases   C. 58 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with 2255 Contra Costa Boulevard Associates, LP, for approximately 2,678 square feet of office space located at 2255 Contra Costa Boulevard, Suite 202, in Pleasant Hill, for use by the District IV Supervisor, for a term of approximately 52 months, with one option to renew for an additional four years, with annual rent of approximately $89,976 for the first year and annual increases thereafter. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 59 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract amendment with the California Department of Food and Agriculture to increase the reimbursement limit by $10,867 to a new amount not to exceed $409,171 to control Glassy-winged sharpshooter infestations, with no change to the term. (100% State, No County Match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 60 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California Department of Food and Agriculture to receive reimbursement in an amount not to exceed $849,196 for the County to provide pest detection and trapping services for the period July 1, 2022 through June 30, 2023. (100% State, No County Match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 61 APPROVE and AUTHORIZE the District Attorney, or designee, to apply for and accept the Smart Prosecution – Innovative Prosecution Solutions Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance in an amount not to exceed $385,000 for a Community Violence Response Program for the period October 1, 2023 through September 30, 2025. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 62 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with Kevin & Deneen Vornhagen for an initial term of approximately 15 years commencing April 4, 2023, for payment to the County of $4,650 in connection with a subsurface irrigation line in the County’s Byron Highway right of way adjacent to Assessor’s Parcel No. 011-140-011, Brentwood area. (100% Applicant Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 63 APPROVE and AUTHORIZE the County Librarian, or designee, to accept California State Library grant funding in the amount not to exceed $600,000 to meet the operational and services expenses required by Project Second Chance, the Contra Costa County Library adult literacy program, to provide English as a Second Language services for the period July 1, 2023 to June 30, 2026. (18% Library Fund and 82% California State Library)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to apply for a non-competitive funding allocation from the California Department of State Hospitals (DSH), in an amount not to exceed $8,718,750, to participate in the DSH Incompetent to Stand Trial Diversion and Community Based Restoration Infrastructure Project and commit to entering into a service contract with DSH, in an amount not to exceed $9,675,000 annually to provide ongoing services to program participants and maintain any capital facilities funded by this allocation. (No County match)         AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 65 APPROVE and AUTHORIZE the Health Services Director, or designee, to apply for a non-competitive allocation in an amount not to exceed $20,488,722, from the California Department of Health Care Services through its Behavioral Health Bridge Housing Program to fund and operate bridge housing settings to address immediate housing needs of people experiencing homelessness who have serious behavioral health conditions. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 66 ADOPT Resolution No. 2023/107 authorizing the Sheriff-Coroner, Undersheriff, or Chief of Management Services, to apply for and accept the U.S. Department of Justice Programs, DNA Program Backlog Reduction Grant in an initial amount of $251,941 to reduce the number of backlogged DNA tests in the Sheriff's Criminalistics Laboratory for the period of October 1, 2023 through the end of the grant period. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 67 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Sheriff's Deputy Emily Neabeack to pay the County $1.00 for retired Sheriff’s Service Dog "Loizo" on April 5, 2023. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 68 APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Pacific Storage Company in an amount not to exceed $90,000 to provide climate-controlled storage of microfilm records for the period June 4, 2022 through June 4, 2024. (100% Recorder Micrographics/Modernization Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 69 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Robinson Mills + Williams, in an amount not to exceed $750,000 to provide on-call architectural services for various County facilities projects, for the period April 4, 2023 through April 3, 2026 with a one-year extension option to April 4, 2027, Countywide. (100% Various Funds)       RELISTED to a future date uncertain.   C. 70 APPROVE and AUTHORIZE the Auditor-Controller to issue payment on behalf of Employment and Human Services Department to BIT California, LLC d.b.a Document Fulfillment Services in an amount not to exceed $2,487,749 to replenish monthly the CalSAWs Central Print Contra Costa County postage account for the period April 5, 2023 through March 31, 2026. (59% Federal, 35% State, 6% County).       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 71 APPROVE clarification of Board action of May 3, 2022 (C.21) for a contract amendment with Planet Technologies, Inc., a corporation, to reflect the intent of the parties to change the payment to $328,000 with no change to terms and conditions, as recommended by the Employment and Human Services Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 72 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with Contra Costa County Office of Education in an amount not to exceed $324,135 to provide educational liaison services for children and youth in foster care for the period July 1, 2023 through June 30, 2026. (70% State, 30% County)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 73 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Social Service Staffing & Recruiting, Inc., in an amount not to exceed $725,000 to provide qualified temporary social workers for clients of the Children and Family Services Bureau, for the period July 1, 2023 through June 30, 2024. (6% County, 35% State, 59% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 74 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Karpel Computer Systems, Inc., to extend the term by five years through June 30, 2028 and increase the payment limit by $851,250 to a new payment limit of $3,198,372 to provide an additional five years of hosting, maintenance, and support of the case management system for District Attorney prosecution services. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 75 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Summit Building Services, Inc., effective April 4, 2023, to increase the payment limit by $1,300,000 to a new payment limit of $11,200,000 to provide scheduled and on-call custodial services, with no change to the term, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 76 APPROVE and AUTHORIZE the Public Works director, or designee, to execute a contract with COAR Design Group, in an amount not to exceed $750,000 to provide on-call architectural services for various County facilities projects, for the period April 4, 2023 through April 3, 2026 with a one-year extension option to April 4, 2027, Countywide. (100% Various Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 77 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with Chabot-Las Positas Community College District, in an amount not to exceed $750,000 to deliver education and training services to foster care providers, community partners and Children and Family Services staff for the period July 1, 2023 through June 30, 2025. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 78 AWARD and AUTHORIZE the Public Works Director, or designee, to execute a Job Order Contract with MVP Construction, LLC., effective April 4, 2023, in the amount of $2,500,000, for a term of one year from the first Notice to Proceed or 90 days after contract execution for repair, remodeling, and other repetitive work, Countywide. (100% Various Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 79 APPROVE and AUTHORIZE the County Administrator to terminate a construction management services contract with Skanska USA Building Inc., and APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Vanir Construction Management, Inc., in an amount not to exceed $6,093,348 for master planning and construction management services for Measure X funded projects at the Contra Costa Regional Medical Center, for the period April 4, 2023 through April 3, 2028, Martinez area. (100% Measure X Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 80 RATIFY the execution of 2019 California Department of Social Services Privacy and Security Agreement No. 19-07 by the Employment and Human Services Director signed on October 21, 2019, and APPROVE and AUTHORIZE the Employment and Human Services Director or designee to execute an amendment to the 2019 Privacy and Security Agreement 19-07 with the California Department of Social Services to extend the termination date to March 1, 2024, or until a successor Agreement is executed, whichever occurs first. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Ronald L. Leon, MD, Inc., in an amount not to exceed $244,359 to provide psychiatric services for mentally ill adults in East County, clients in the Juvenile Detention Facility, and Spanish-speaking mental health service recipients for the period April 1, 2023 through March 31, 2024. (100% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Allergy & Asthma Medical Group of the Bay Area, Inc., in an amount not to exceed $4,000,000 to provide allergy and asthma medical services for Contra Costa Health Plan (CCHP) members and County recipients for the period May 1, 2023 through April 30, 2025. (100% CCHP Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Q Metrics, Inc., in an amount not to exceed $85,000 to administer the Timely Access Provider Appointment Availability Survey for the Contra Costa Health Plan for the period May 1, 2023 through April 30, 2024. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 84 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Smith & Nephew, Inc., in an amount not to exceed $300,000 to procure surgical supplies, implants, instruments, and other accessories for orthopedics, sports medicine, and ENT services line in surgery as needed for the Contra Costa Regional Medical Center (CCRMC) for the period April 1, 2023 through March 31, 2026. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 85 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Nicole C. Hickey, M.D., in an amount not to exceed $1,620,000 to provide pulmonary services at Contra Costa Regional Medical Center and Health Centers for the period April 5, 2023 through March 31, 2026. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 86 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Initha R. Elangovan, M.D, in an amount not to exceed $1,750,000 to provide pulmonary services at Contra Costa Regional Medical Center and Health Centers for the period April 5, 2023 through March 31, 2026. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with EZ Ride LLC, a limited liability company, to include non-medical transportation services for Contra Costa Health Plan (CCHP) members, with no change in the payment limit of $300,000 and no change in the term through June 30, 2024. (100% CCHP Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 88 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Norcal Imaging, to modify the rates for Nuclear Medicine and positron emission tomography - computed tomography (PET/CT) outpatient radiology services with no change in the original payment limit of $6,000,000 or term through July 31, 2024. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 89 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the United States Department of Agriculture in an amount not to exceed $52,782 for wildlife damage management services for the period July 1, 2023 through June 30, 2024. (60% State, 40% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 90 AWARD and AUTHORIZE the Public Works Director, or designee, to execute a Job Order Contract with A CST Group Inc. (dba Dynasel USA) effective April 4, 2023, in the amount of $2,500,000 for a term of one year from the first Notice to Proceed or 90 days after contract execution for repair, remodeling, and other repetitive work, Countywide. (100% Various Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 91 AWARD and AUTHORIZE the Public Works Director, or designee, to execute a Job Order Contract with Mark Scott Construction, Inc., effective April 4, 2023, in the amount of $2,500,000 for a term of one year from the first Notice to Proceed or 90 days after contract execution for repair, remodeling, and other repetitive work, Countywide. (100% Various Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 92 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jeff Weichieh Chiu D.O., Inc., in an amount not to exceed $210,000 to provide emergency medicine services at Contra Costa Regional Medical Center and Health Centers for the period June 1, 2023 through May 31, 2024. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 93 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Suraj Cherry, M.D., in an amount not to exceed $600,000 to provide ophthalmology services to Contra Costa Health Plan (CCHP) members and County recipients for the period May 1, 2023 through April 30, 2025. (100% CCHP Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 94 APPROVE and AUTHORIZE the Chief Information Officer, Department of Information Technology, or designee, to execute a contract with Amazon Web Services, Inc in an amount not to exceed $500,000 for data hosting and other information technology services for the period of April 4, 2023, to April 3, 2025. (100% User Departments)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Other Actions   C. 95 ADOPT Resolution No. 2023/109 authorizing the issuance and sale of "Orinda Union School District,   C. 95 ADOPT Resolution No. 2023/109 authorizing the issuance and sale of "Orinda Union School District, Election of 2018 General Obligation Bonds, Measure E Series C and Measure I Series C in an aggregate amount not to exceed $40,000,000 by the Orinda Union School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code, as recommended by the County Administrator. (No County fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 96 ADOPT Resolution No. 2023/123 to amend the rules of procedure for Board of Supervisors meetings, including rules governing hybrid meetings, public comment time limits, teleconferencing options for Board members, meeting disruptions, and meeting civility.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 97 ADOPT Resolution No. 2023/110 ratifying the County Administrator’s proclamation of a local emergency due to continued extreme weather conditions.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 98 ACCEPT the 2022 Quarter 4 report from the Council on Homelessness, as recommended by the Family & Human Services Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 99 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a standstill agreement with Alves Lane, L.P. and the California Housing Finance Agency, in connection with a density bonus and inclusionary housing developer agreement, to permit financing for the Alves Lane Apartments Project in the Bay Point area. (No County fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C.100 RECEIVE the Sheriff-Coroner’s FY 2021-2022 Annual P-6 Zone Deployment Report, from the County Service Area P-6 Zone Central Administrative Base Fund to provide extended police protection services in certain unincorporated county areas and partially fund the Sheriff’s Helicopter Program. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C.101 DECLARE and ACCEPT the results of the March 7, 2023 Special Election and DECLARE the results of the Measure Z - Orinda Union School District, as recommended by the Clerk-Recorder and Registrar of Voters. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C.102 DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, 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 Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C.103 AUTHORIZE the Chair of the Board of Supervisors to sign the 2023-2025 Local Area Subsequent Designation and Local Recertification Application to the State of California Employment Development Department, for submission by the Employment and Human Services Director, or designee on behalf of the Workforce Development Board.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C.104 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a license agreement with the United States of America, Department of the Navy, to use an approximately 80-acre portion of the former Concord Naval Weapons Station for public safety training purposes during the period from April 16, 2023 through May 31, 2024, as recommended by the Public Works Director, Concord area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C.105 APPROVE the new medical staff, affiliates and tele-radiologist appointments and reappointments, additional privileges, medical staff advancement and voluntary resignations as recommended by the Medical Staff Executive Committee and by the Health Services Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C.106 APPROVE amended list of designated positions for the Conflict of Interest Code for the Clerk-Recorder-Elections Department, as recommended by County Counsel.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis Other: District IV Supervisor Ken Carlson (ABSENT), District V Supervisor Federal D. Glover (ABSENT)   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402. 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 before the Board votes on the motion to adopt. Each member of the public will be allowed two minutes to comment on the entire consent agenda. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for public testimony. Each speaker during public testimony will be limited to two minutes. After public testimony, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 1025 Escobar Street, First Floor, Martinez, CA 94553 or to clerkoftheboard@cob.cccounty.us. Time limits for public speakers may be adjusted at the discretion of the Chair. 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 DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Pursuant to Government Code section 84308, members of the Board of Supervisors are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the Board member received, since January 1, 2023, more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the County’s decision on the agenda item. Members of the Board of Supervisors who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a Board member since January 1, 2023, are required to disclose that fact for the official record of the subject proceeding. Disclosures must include the amount of the campaign contribution and identify the recipient Board member, and may be made either in writing to the Clerk of the Board of Supervisors before the subject hearing or by verbal disclosure at the time of the hearing. 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. 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 \\PW-DATA\grpdata\engsvc\ENVIRO\Real Prop.-Real Estate\Termination and Quitclaim of Wayne Avenue, Alamo (WO1827)\CEQA\NOE (final).docx Revised 2018 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 From: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 County Clerk, County of Contra Costa Project Title: Termination of Offer of Dedication and Quitclaim of a Portion of Excess Right-of-Way on Wayne Avenue, Project #: WO1827, CP#: 22-39 Project Applicant: Contra Costa County Public Works Dept., 255 Glacier Drive, Martinez CA 94553 Main: (925) 313-2000, Contact: Alex Nattkemper, (925) 313-2364 Project Location: Wayne Avenue, Alamo, Contra Costa County, adjacent to APN 201-082-001 Lead Agency: Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553 Main: (925) 655-2705, Contact: Syd Sotoodeh (925) 655-2877 Project Description: Contra Costa County will terminate an offer of dedication on Wayne Avenue containing approximately 7,781 square feet and quitclaim the southeasterly half of this area containing approximately 3,892 square feet of excess road right-of-way located adjacent to 898 Forest Lane, in the unincorporated community of Alamo. This portion of Wayne Avenue is a platted easement for a road that was never built, and it has been determined the offer of dedication is no longer needed by the County for road purposes. The adjacent property owner at 898 Forest Lane is requesting the offer of dedication be terminated and the excess road right-of-way be quitclaimed to allow for additional land rights for future development of their parcel. This CEQA documentation covers real estate transactions only. The parcel owner(s) and/or developer will be responsible for CEQA analysis as well as obtaining any applicable local, State, or Federal regulatory permits for subsequent activities. Exempt Status: Ministerial Project (Sec. 21080[b][1]; 15268) Categorical Exemption (Sec. ) Declared Emergency (Sec. 21080[b][3]; 15269[a]) General Rule of Applicability (Sec. 15061[b][3]) Emergency Project (Sec. 21080[b][4]; 15269[b][c]) Other Statutory Exemption (Sec. ) Reasons why project is exempt: The Activity consists of real estate transactions only that will involve terminating an offer of dedication and quitclaiming excess road right-of-way. Therefore, the Activity is not subject to CEQA pursuant to Article 5, Section 15601(b)(3) of the CEQA Statute and Guidelines as it can be seen with certainty that there is no possibility that the Activity may have a significant adverse effect on the environment. If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: _____________ Title: Contra Costa County Department of Conservation and Development Signed by Lead Agency Signed by Applicant \\PW-DATA\grpdata\engsvc\ENVIRO\Real Prop.-Real Estate\Termination and Quitclaim of Wayne Avenue, Alamo (WO1827)\CEQA\NOE (final).docx Revised 2018 AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant Department of Fish and Wildlife Fees Due Public Works Department De Minimis Finding - $0 255 Glacier Drive County Clerk - $50 Martinez, CA 94553 Conservation and Development - $25 Attn: Alex Nattkemper Environmental Services Division Phone: (925) 313-2364 Total Due: $75 Receipt #: ©@~¥~~ ©@~Y~ ©@~~¥W © ~ lLO[r@~INJ ~ ffei Vacate & Ooitdalm portion of excess road ROW of Wayne Ave. Alamo 111w··,11 11 lrl ll lllll • CLAYTON ----:.~---•WALNUT CREEK • ~ LJi.F AY TTE ORlNDA. o ALAMO LOCATION MAP DJSCOV fRY ilA 'r' • Figure 1 ~ :Q ~ t) k) 0 :, 0 \ 0 \, 12 I ' ,1 ,., 32-5 !) 0 ~ OJ.S 0.5 1:U.800 Vacinity Map ... 5Hcl.L.III R~CiREA / AREA -, " "' I ti.\' ~~-J I'< ..;,,4-. 8 .. 3 "' "' "' s: l> .,, Figure 2 Offer of Dedication 5883 or 846 5-27-69 ® ...__ ...__ I ® POR .RANCHO SAN RAMON A -TRACT 2039 (CAMILLE WOODS) MB 57-1-3 @ @ ®O TAX CODE AREA I ~/ --.~; @) "C" DA12 ~,,, @ ~ i;: ~ !fsi 0 REVISED CHANG[ 2122/U CCl,IB 171oi8 CR£ 1!1 @) ,oY'- ~,i; "//! .... ~ ----.. ~§ 13 ~!ii© §! SY .. Figure 3 \. "\ ASSESSOR'S MAP ',,® 0 BOOK 201 PAGE 08 .,. , 11 CONTRA COST A COUNTY ,CALIF . Recorded at the request of:Clerk of the Board Return To:Public Works, Real Estate, Tasha Thaxton THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III Supervisor NO: ABSENT:Ken Carlson, District IV SupervisorFederal D. Glover, District V Supervisor ABSTAIN: RECUSE: Resolution No. 2023/82 In the matter of adopting Resolution No. 2023/82 terminating and abandoning an Offer of Dedication for excess right of way of Wayne Avenue, Alamo Area, District II. Project No.: 0676-6Q1827 CP#22-39 WHEREAS, in 1955, Contra Costa County (County) received offers of dedication for roadway purposes identified on the approved map entitled “Tract 2039,” which was filed on January 19, 1955, in Book 57 of Maps, at Page 1. WHEREAS, portions of the offer of dedication identified as Forest Lane and Hart Court were accepted as County roads by the Board of Supervisors on March 5, 1957 and recorded on March 7, 1957. The excess right of way identified as Wayne Avenue was not included in that acceptance, and it has been determined that it is no longer needed for any current or future County road (highway) purposes. WHEREAS, the current owner of APN 201-082-001 has requested that the area described in Exhibit “A” and depicted in Exhibit “B” attached hereto be vacated. WHEREAS, this termination and abandonment of the offer of dedication of a certain excess right of way identified as Wayne Avenue is made pursuant to Government Code 66477.2 subdivision (c), and to Part 3 of Division 9, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq., and, specifically, Section 8334(a). That offer of dedication for roadway purposes is excess and not required for County road (highway) purposes. NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of Contra Costa County that: The Board FINDS that the Wayne Avenue offer of dedication for roadway (highway) purposes is excess and not required for County roadway (highway) purposes. The offer of dedication described in Exhibit “A” and depicted in Exhibit “B” is hereby TERMINATED and ABANDONED pursuant to Government Code Section 66477.2, subdivision (c), and Streets and Highways Code Section 8334(a). The Board DIRECTS the Public Works Director, or designee, to cause a certified copy of this Resolution to be recorded in the Office of the County Clerk-Recorder. From and after the date this Resolution is recorded, the Offer of Dedication described in Exhibit “A” is terminated and the County’s right to accept the offer is abandoned. I hereby certify that this is a true and correct copy of an action taken and Contact: Tasha Thaxton, (925) 957-2457 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2023/82 terminating and abandoning an Offer of Dedication of excess right of way of a street or highway no longer required for street or highway purposes in the Alamo area pursuant to Streets and Highway Code section and 8334(a) and Government Code section 66477.2(c). A description and depiction of the area to be terminated is attached to the Resolution as Exhibits “A” and “B.” Project No. 0676-6Q1827 CP#22-39 (District II). DETERMINE that the offer of dedication on Wayne Avenue for road (highway) purposes is not required for County road (highway) purposes. AUTHORIZE the Chair, Board of Supervisors, to execute a quitclaim deed on behalf of the County to the underlying property owner of APN 201-082-001 and DIRECT the Real Estate Division of the Public Works Department to deliver a quitclaim deed to the underlying property owner for recording in the Office of the County Clerk-Recorder, to quitclaim any remaining interest of the County in the dedication area pursuant to Streets and Highway Code section 960 and Government Code section 25526.5. DETERMINE that terminating the Offer of Dedication on Wayne Avenue and quitclaiming 25 feet of Wayne Avenue will not have a significant effect on the environment and that activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, section 15061(b)(3) of the CEQA Guidelines, and DIRECT the Director of Department of Conservation and Development, or designee, to file a Notice of Exemption with the County Clerk, and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tasha Thaxton, (925) 957-2457 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Resolution No. 2023/82 terminating & abandoning Offer of Dedication of excess road right of way on Wayne Ave. & execute a Quitclaim Deed, Alamo area. RECOMMENDATION(S): (CONT'D) AUTHORIZE the Public Works Director, or designee, to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. DIRECT the Real Estate Division to record the above referenced Resolution with a certified copy of this Board Order in the Office of the County Clerk-Recorder. FISCAL IMPACT: 100% Applicant Fees. BACKGROUND: The Offer of Dedication was made by that Certain Map Entitled “Tract 2039”, which was filed on January 19, 1955, in Book 57 of Maps, at Page 1. Portions of the offered areas were accepted as County roads by the Board of Supervisors on March 5, 1957 and recorded on March 7, 1957. Public Works Department staff have determined that the excess right-of-way being vacated and quitclaimed on Wayne Avenue has not been accepted by the County and is not needed for any current or future County road (highway) purposes. The Applicant is requesting the excess road right-of-way be vacated and quitclaimed to allow for additional land rights for future development of their parcel. Due to the passage of time, it is presumed that this offer of dedication made by map has been terminated and abandoned. The Board’s actions will expressly terminate and abandon the offer of dedication and remove the County’s interest from the title to the underlying property. CONSEQUENCE OF NEGATIVE ACTION: The County will not expressly terminate and abandon the offer of dedication. AGENDA ATTACHMENTS Resolution No. 2023/82 Quitclaim CEQA Resolution Exhibits A & B Subdivision (Track) Map 2039 MINUTES ATTACHMENTS Signed Resolution No. 2023/82 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:3 John Gioia Candace Andersen Diane Burgis NO: ABSENT:2 Ken Carlson Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2023/88 ADOPT Resolution No. 2023/88 ratifying the prior decision of the Public Works Director, or designee, to fully close portions of Miramonte Road, Terrace Road, and Carmello Road on April 3, 2023, through June 30, 2023, from 7:00 a.m. through 5:00 p.m., for the purpose of installing approximately 2,940 feet of 6” water main, service transfers, hydrants and connections (infrastructure renewal), Walnut Creek area. (District IV) RC23-7 NOW, THEREFORE, BE IT RESOLVED that permission is granted to East Bay Municipal Utility District, as the Public Works Director's designee, to fully close portions of Miramonte Road, Terrace Road, and Carmello Road, except for emergency traffic, local residents, US Postal Service and garbage trucks, on April 3, 2023, through July 30, 2023, for the period of 7:00 a.m. through 5:00 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 construction 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. East Bay Municipal Utility District 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Marke Smith - Engineering Services, CHP, Sheriff - Patrol Division Commander, East Bay Municipal Utility District RECOMMENDATION(S): ADOPT Resolution No. 2023/88 ratifying the prior decision of the Public Works Director, or designee, to fully close portions of Miramonte Road, Terrace Road, and Carmello Road on April 3, 2023, through June 30, 2023, from 7:00 a.m. through 5:00 p.m., for the purpose of installing approximately 2,940 feet of 6” water main, service transfers, hydrants and connections (infrastructure renewal), Walnut Creek area. (District IV) FISCAL IMPACT: No fiscal impact. BACKGROUND: Due to the existing road widths and the alignment of the new water main, East Bay Municipal Utility District is requesting to close the roads to through traffic to expedite construction of the new water mains and to provide the maximum public safety around the construction zone. East Bay Municipal Utility District shall follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: East Bay Municipal Utility District would not be in compliance with Public Works guidelines. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Marke Smith - Engineering Services, CHP, Sheriff - Patrol Division Commander, East Bay Municipal Utility District C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Ratify the prior decision to fully close a portion of several roads, on April 3, 2023 through June 30, 2023, Walnut Creek, area. AGENDA ATTACHMENTS Resolution No. 2023/88 MINUTES ATTACHMENTS Signed Resolution No. 2023/88 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:3 John Gioia Candace Andersen Diane Burgis NO: ABSENT:2 Ken Carlson Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2023/94 ADOPT Resolution No. 2023/94 approving and authorizing the Public Works Director, or designee, to fully close a portion of Oak View Avenue between Santa Fe Avenue and Colusa Avenue, on every Sunday beginning April 9, 2023 until April 7, 2024 from 6:00 a.m. through 4:00 p.m., for the purpose of a farmers’ market, Kensington area. (District I) RC23-8 NOW, THEREFORE, BE IT RESOLVED that permission is granted to The Kensington Community Market to fully close Oak View Avenue between Santa Fe Avenue and Colusa Avenue, except for emergency traffic, and local residents, on every Sunday beginning April 9, 2023 until April 7, 2024 for the period of 6:00 a.m. through 4:00 p.m., subject to the following conditions: 1. Traffic will be detoured via neighboring streets. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. The Kensington Community Market 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 Kensington Police Protection and Community Services District, Kensington Fire Protection District. 6. Applicant shall maintain a minimum 5-foot sidewalk width along existing sidewalks of Oak View Avenue for pedestrian and ADA access. 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Bob Hendry -Engineering Services, Robyn Pudlak, Engineering Services, CHP, Sheriff - Patrol Division Commander, Kensington Police Department, Kensington Fire Department RECOMMENDATION(S): ADOPT Resolution No. 2023/94 approving and authorizing the Public Works Director, or designee, to fully close a portion of Oak View Avenue between Santa Fe Avenue and Colusa Avenue, on every Sunday beginning April 9, 2023 until April 7, 2024 from 6:00 a.m. through 4:00 p.m., for the purpose of a farmers’ market, Kensington area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Kensington Community Market operates the Kensington Farmers’ Market, a California Certified Farmers’ Market that hosts live music and sells produce and is a non-profit, community-based organization. The Kensington Farmers’ Market is open every Sunday from 9:00 a.m. to 2:00 p.m., at Colusa Circle in Kensington. The Kensington Police Chief and Interim General Manager reviewed the road closure permit and did not have any concerns with the continued use of Oak View Ave. The Kensington Fire Protection District also supports and approves the ongoing weekly closure for the purpose of this event. Applicant shall 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: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Bob Hendry -Engineering Services, Robyn Pudlak, Engineering Services, CHP, Sheriff - Patrol Division Commander, Kensington Police Department, Kensington Fire Department C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Approve & Authorize to fully close a portion of Oak View Avenue, on April 9, 2023, Kensington area. AGENDA ATTACHMENTS Resolution No. 2023/94 MINUTES ATTACHMENTS Signed Resolution No. 2023/94 MARTINEZ, CA 94553 CONTRA COSTA, COUNTY OFTo: 2475 WATERBIRD WAY Metropolitan Transportation Commission 02/28/2023 Net 30San Franciso, CA 94105 Terms: 375 Beale Street, Suite 800 Invoice Date: V00024Customer No: Bay Area Metro Center Invoice:AR031271 PHONE (415) 778-6700 Transaction Date Amount INVOICE Description 02/28/2023 $20,000.004902 -P -TAP 24 $20,000.00Total Due P.O. Box 45788 METROPOLITAN TRANSPORTATION COMMISSION San Francisco, CA 94145-0788 Total Amount Due: Invoice Date:02/28/2023 AR031271 Please make checks payable to: Invoice: Customer No:V00024 $20,000.00 Total Payment: $ PLEASE RETURN THIS PORTION WITH YOUR PAYMENT DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 PTAP 24 Invoices for Local Contribution GL code 105000000 Object code 2201 County Vendor ID Address Type Agency Address1 Address2 City ZipCode AwardLetter _FN AwardLett er_LN PCJobTitle PCPhone PCEmail Last Major Inspecti on Consultant Assigned Project Type Local Contribution to be sent to MTC Alameda V00197 A2 City of Albany 540 Cleveland Avenue NULL Albany 94710 Allison Carrillo Associate Engineer 5105285737 acarrillo@albanyca.org 2021 Adhara/ BellecciPMS/NPMS $20,000 Alameda V00078 AP City of Dublin 100 Civic Plaza NULL Dublin 94568 Sai Midididdi Associate Civil (Traffic) Engineer9258336630 sai.midididdi@dublin.ca.gov 2021 NCE PMS $12,000 Alameda V00086 AP City of Livermore 1052 South Livermore AvenueNULL Livermore 94550 Mallika RamachandranAssistant City Engineer 9259604511 mramachandran@livermoreca.gov 2020 CAPS PMS $20,000 Alameda V00652 MD City of Newark 37101 Newark Blvd NULL Newark 94560 Alex Tat Senior Civil Engineer 5105784041 alex.tat@newark.org 2022 NCE PMS $7,100 Alameda V00040 R1 City of Pleasanton 200 Old Bernal NULL Pleasanton 94566 Huy Ho Associate Civil Engineer 9259315663 hho@cityofpleasantonca.gov 2020 AMS PMS $15,000 Alameda V00041 A6 City of San Leandro 835 E. 14th Street Engineering and Transportation DepartmentSan Leandro 94577 Kyle Lei Associate Engineer 5105773302 klei@sanleandro.org 2020 AMS PMS $12,200 Contra Costa V00075 A1 City of Concord 1950 Parkside Drive MS/ 40 Concord 94519 Aldrich Bautista Associate Civil Engineer 9256713028 Aldrich.Bautista@CityofConcord.org 2020 Adhara PMS $20,000 Contra Costa V00674 AP City of Oakley 3231 Main Street NULL Oakley 94561 Jason Kabalin Capital Projects Engineer 9256257040 kabalin@ci.oakley.ca.us 2020 PEI PMS $9,850 Contra Costa V00670 AR City of Pinole 2131 Pear St NULL Pinole 94564 Sanjay Mishra Public Works Director 5107249017 smishra@ci.pinole.ca.us 2021 Harris & Associates PMS $3,650 Contra Costa V00671 AP City of Pittsburg 65 Civic Avenue NULL Pittsburg 94565 Lynne Filson Consulting City Traffic Engineer9257857141 lfilson@pittsburgca.gov 2020 CAPS PMS $11,900 Contra Costa V00770 A4 City of Richmond 450 Civic Center Plaza NULL Richmond 94804 Patrick Phelan Infrastructure Administrator5103078111 patrick_phelan@ci.richmond.ca.us 2021 PEI PMS $20,000 Contra Costa V00024 AR Contra Costa County 2475 Waterbird Way NULL Martinez 94553 Caroline Tom Senior Civil Engineer 9253137007 caroline.tom@pw.cccounty.us 2021 NCE PMS $20,000 Contra Costa V00097 AP Town of Danville 510 La Gonda Way NULL Danville 94526 Nader Salama Senior Civil Engineer 9253143348 nsalama@danville.ca.gov 2020 AMS PMS $11,100 Contra Costa T00171 A2 Town of Moraga 329 Rheem Blvd.NULL Moraga 94556 Sharon Chan Assistant Engineer 9258887028 schan@moraga.ca.us 2020 CAPS PMS $4,100 Marin V02899 AP City of Belvedere 450 San Rafael Avenue NULL Belvedere 94941 Chris Barry Associate Engineer 4154358903 cbarry@cityofbelvedere.org 2020 PEI PMS $3,000 Marin V00210 A6 Marin County 3501 Civic Center Drive NULL San Rafael 94903 Rachel Calvert Interim Principal Engineer 4152467580 rcalvert@marincounty.org 2022 AMS PMS $20,000 Marin V02847 A2 Town of Corte Madera 240 Tamal Vista Boulevard Suite 110 Corte Madera 94925 Demetre Copeland Assistant Engineer 7603106641 dcopeland@tcmmail.org 2020 PEI PMS $3,000 Marin V02846 AP Town of Ross 31 Sir Francis Drake Blvd.P.O. Box 320Ross 94957 Richard Simonitch Public Works Director 4.15453E+12 rsimonitch@townofross.org 2021 PEI PMS $3,000 Napa V00685 A1 City of St. Helena 1572 Railroad Avenue NULL St. Helena 94574 Eric Janzen Assistant Director of Public Works7079672831 ejanzen@cityofsthelena.org 2021 Harris & Associates PMS $3,000 Napa V00025 A6 Napa County 1195 Third Street Suite 101 Napa 94559 Graham WadsworthEngineering Supervisor 7072598331 Graham.Wadsworth@countyofnapa.org 2020 Harris and Associates PMS $45,000 San Francisco V00020 A2 San Francisco 49 South Van Ness Avenue 8th Floor San Francisco 94103 Paul Barradas Project Manager 6282712580 Paul.Barradas@sfdpw.org 2021 Adhara PMS $20,000 San Mateo V00108 A1 City of East Palo Alto 1960 Tate Street NULL East Palo Alto 94303 Batool Zaro Assistant Engineer 6503888921 bzaro@cityofepa.org 2020 Adhara PMS $3,000 San Mateo V02845 AP City of Foster City 610 Foster City Blvd.NULL Foster City 94404 Justin Lai Associate Civil Engineer 6502863271 jlai@fostercity.org 2020 Adhara PMS $3,800 San Mateo V01330 P1 City of San Bruno 567 El Camino Real NULL San Bruno 94066 Jake Zhang Assistant Engineer 6506167043 jzhang@sanbruno.ca.gov 2021 NCE PMS $6,250 San Mateo V00036 AP City of San Mateo 330 W 20th Ave NULL San Mateo 94403 Stephanie GindlespergerSenior Engineer 6505227315 sgindlesperger@cityofsanmateo.org 2020 NCE PMS $14,100 San Mateo V00026 AP City of South San FranciscoDPW - Engineering Division 315 Maple AvenueSouth San Francisco94083 Angel Torres Senior Civil Engineer 6508296660 angel.torres@ssf.net 2020 AMS PMS $9,800 San Mateo V03115 R1 Town of Portola Valley 765 Portola Road NULL Portola Valley 94028 Howard Young Public Works Director 6.50851E+12 hyoung@portolavalley.net 2021 NCE PMS $3,000 San Mateo V00690 AP Town of Woodside 2955 Woodside Rd NULL Woodside 94062 Sindhi Mekala Senior Engineer 6508516790 smekala@woodsidetown.org 2020 Adhara PMS $3,350 Santa Clara V00675 AP City of Campbell 70 N. 1st Street NULL Campbell 95008 Todd Capurso Public Works Director 4088662150 toddc@campbellca.gov 2020 PEI PMS $6,600 Santa Clara V00090 AP City of Milpitas 455 E. Calaveras Blvd.NULL Milpitas 95035 Nolen Ugalde Junior Engineer 4085863357 nugalde@milpitas.gov 2022 CAPS PMS $9,150 Santa Clara V00092 AP City of Mountain View 500 Castro Street NULL Mountain View 94039 Kathryn Robertson Associate Civil Engineer 6509036079 kathryn.robertson@mountainview.gov 2020 CAPS PMS $16,250 Santa Clara V00038 PO City of San Jose 1404 Mabury Rd.NULL San Jose 95133 Chanh Do Associate Engineer 4086282933 chanh.do@sanjoseca.gov 2022 Harris & Associates PMS $20,000 Santa Clara V00034 MD City of Santa Clara 1500 Warburton Ave NULL Santa Clara 95050 Falguni Amin Principal Engineer - Design Division4086153015 famin@santaclaraca.gov 2020 CAPS PMS $17,650 Santa Clara V00023 AR City of Sunnyvale 221 Commercial St NULL Sunnyvale 94085 Sean Smith Street Operations Manager 4087307559 srsmith@sunnyvale.ca.gov 2020 PEI PMS $18,300 Santa Clara V00043 A4 Santa Clara County 1505 Schallenberger Rd NULL San Jose 95131 Gavin Finley Associate Civil Engineer 4085732491 gavin.finley@rda.sccgov.org 2022 Adhara PMS $20,000 Solano V00016 A1 City of Benicia 250 East L Street NULL Benicia 94510 Sharon Denney Management Analyst 7077464215 sdenney@ci.benicia.ca.us 2021 NCE PMS $6,900 Solano V00077 P1 City of Dixon 600 East A Street NULL Dixon 95620 William Garcia Staff Augmentation Consultant7076787031 wgarcia667@gmail.com 2020 Harris & Associates PMS $5,100 Solano V00080 MD City of Fairfield 1000 Webster Street 3rd Floor Fairfield 94533 Jason Riley Assistant City Engineer 7074287481 jriley@fairfield.ca.gov 2021 NCE PMS $11,200 Solano V00692 A1 City of Suisun City 701 Civic Center Blvd NULL Suisun City 94585 Nick Lozano Sr. Associate Engineer 7075800629 nlozano@suisun.com 2020 CAPS PMS $5,400 Sonoma V00662 AR City of Cotati 201 West Sierra Avenue NULL Cotati 94931 Craig Scott Public Works Director/City Engineer7076653620 cscott@cotaticity.org 2021 Harris and Associates PMS $3,000 Sonoma V00042 A6 City of Petaluma 11 English Street NULL Petaluma 94952 Ken Eichstaedt Senior Traffic Engineer 7077763672 keichstaedt@cityofpetaluma.org 2021 PEI PMS $12,350 Sonoma V00037 PO City of Rohnert Park 130 Avram Avenue NULL Rohnert Park 94928 Eydie Tacata Sr. Public Works Analyst 7075882205 etacata@rpcity.org 2021 Adhara/ AMS PMS/NPMS $65,715 Sonoma V00708 PO City of Sonoma No. 1 The Plaza NULL Sonoma 95476 Oriana Hart Admin and Project Manager 7079332233 ohart@sonomacity.org 2021 Harris and Associates PMS $3,000 Sonoma V00029 AR Sonoma County 2300 County Center Drive 100B Santa Rosa 95403 Stephen Urbanek Pavement Preservation and Special Districts Manager7075653884steve.urbanek@sonoma-county.org 2022 Harris & Associates PMS $20,000 Sonoma V000663 AP Town of Windsor 9291 Old Redwood Highway P.O. Box 100Windsor 95492 Mona Ibrahim Engineer III 7078385349 mibrahim@townofwindsor.com 2021 PEI PMS $6,050 $573,865 DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 Metropolitan Transportation Commission Administration Committee March 8, 2023 Agenda Item 2b Contract Amendments– Pavement Management Technical Assistance Program (P-TAP) Round 24 ($2,445,465): Adhara Systems, Inc., ($401,600); AMS Consulting, LLC, ($398,365); Bellecci & Associates, Inc., ($17,000); Capitol Asset & Pavement Services, Inc., ($402,550); Harris & Associates, Inc., ($413,650); Nichols Consulting Engineers, CHTD, ($402,150); and Pavement Engineering, Inc., ($410,150) Subject: Contract amendments to add a total of $2,445,465 to and extend by one additional year through April 30, 2024, the contracts with the seven P-TAP consultants listed above. Background: P-TAP provides Bay Area jurisdictions with assistance and expertise in implementing and maintaining a pavement management program. Projects eligible for funding include assistance with implementing and maintaining pavement management systems, and non-pavement asset management pilot projects. MTC has programmed over $29 million in Federal Surface Transportation Block Grant Program (STP) funds during the last 23 rounds of P-TAP, which has funded over 1,000 projects and assisted all Bay Area jurisdictions with their pavement management needs. Local jurisdictions provide the required 20% local contribution that is applied to the federal match and pays for a two-year StreetSaver® pavement management software subscription for the jurisdiction. For the current cycle, P-TAP Round 24 (FY 2022-23), the proposed contract amendments total $2,445,465. Funding for the program is approximately $2.13 million STP funds in the One Bay Area Grant 3 (OBAG 3) Program that is included in the Fiscal Year (FY) 2022-23 agency budget. The amendments are proposed in the not to exceed amounts below: DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 Administration Committee Agenda Item 2b March 8, 2023 Page 2 of 3 Consultant Name, Location Not to Exceed Amendment Amount Adhara Systems Inc., San Jose, CA $401,600 AMS Consulting, LLC, Pleasanton, CA $398,365 Bellecci & Associates, Inc., Pleasanton, CA $17,000 Capitol Asset & Pavement Services, Inc., Salem, OR $402,550 Harris & Associates, Inc., Concord, CA $413,650 Nichols Consulting Engineers, CHTD, Richmond, CA $402,150 Pavement Engineering, Inc., San Luis Obispo, CA $410,150 Total Amendments $2,445,465 MTC retains these seven consultants to provide services to Bay Area agencies that apply for P- TAP assistance. Funds are allocated to individual projects, ranging from $15,000 to $100,000, based on the scope and amount requested by the jurisdiction. Projects are then assigned to P-TAP consultants based on each firm’s expertise, prior experience with the jurisdiction, and past performance. The firms listed above were qualified through a competitive procurement via a Request for Qualifications issued by MTC in 2020. In January 2021, this Committee authorized one-year contracts with these firms, with options to extend in one-year increments for up to three additional years. MTC has entered into contracts with these firms. On October 24, 2022, staff contacted all 109 Bay Area cities and counties to solicit project applications for P-TAP Round 24. Projects selected from Pavement Management System projects and Non-Pavement Asset Management pilot projects are based on the availability of funding and the scoring criteria established in the MTC P-TAP Program Guidelines (MTC Resolution 4078, Revised). This scoring criteria prioritizes jurisdictions that did not receive P-TAP funds in Round 23; jurisdictions requesting funds for Pavement Management System projects; small jurisdictions (those with few centerline miles); and jurisdictions with a lapsed or soon to be lapsed certification status. The seven P-TAP consultants and their subcontractors’ small business and disadvantaged enterprise status are shown in Attachment A. DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 Administration Committee Agenda Item 2b March 8, 2023 Page 3 of 3 Next Steps: Staff will seek to amend the existing contracts by adding the approved additional funds and exercising the option to extend by one year. Issues: None identified. Recommendations: Staff recommends that the Committee authorize the Executive Director or designee to negotiate and enter into contract amendments with the seven P-TAP consultants to extend the contracts through April 30, 2024 and add a total of $2,445,465 for a total not to exceed amount of $6,691,815 for all the contracts noted to provide the P-TAP 24 services described above. Attachments: • Attachment A – Small Business and Disadvantaged Business Enterprise Status • Request for Committee Approval – Summary of Proposed Contract Amendment __________________________________________ Andrew B. Fremier DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 Administration Committee Attachment A March 8, 2023 Agenda Item 2b Page 1 of 2 Attachment A Small Business and Disadvantaged Business Enterprise Status -blank Firm Name Role on Project DBE* Yes / No If DBE Yes, List # SBE** Yes / No If SBE Yes, List # Prime Contractor AMS Consulting, LLC Pavement Management Project services Yes 35907 No blank Prime Contractor Adhara Systems, Inc. Pavement Management Project Services No blank No blank Subcontractor Lee, Incorporated Pavement Management Project Services Yes 24740 No blank Prime Contractor Bellecci & Associates, Inc. Non-Pavement Asset Management services No blank No blank Subcontractor Geografika Consulting Non-Pavement Asset Management services Yes 35814 No blank Prime Contractor Capitol Asset & Pavement Services, Inc. Pavement Management Project Services No blank No blank Subcontractor AMS Consulting, LLC Pavement Management Project Services Yes 35907 No blank DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 Administration Committee Attachment A March 8, 2023 Agenda Item 2b Page 2 of 2 Subcontractor Lewis Engineering Pavement Management Project Services Yes 28890 No blank Prime Contractor Harris & Associates, Inc. Pavement Management Project Services No blank No blank Subcontractor AMS Consulting, LLC Pavement Management Project Services Yes 35907 No blank Prime Contractor Nichols Consulting Engineers, CHTD Pavement Management Project Services No blank No blank Subcontractor AMS Consulting, LLC Pavement Management Project Services Yes 35907 No blank Prime Contractor Pavement Engineering, Inc. Pavement Management Project Services No blank No blank Subcontractor Seeley Tech Pavement Management Project Services Yes 42884 No blank *Denotes certification by the California Unified Certification Program (CUCP). **Denotes certification by the State of California. DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 Request for Committee Approval Summary of Proposed Contract Amendment Work Item No.: 1233 Consultants: 1. Adhara Systems, Inc., San Jose, CA ($401,600) 2. AMS Consulting, LLC, Pleasanton, CA ($398,365) 3. Bellecci & Associates, Inc., Concord, CA ($17,000) 4. Capitol Asset & Pavement Services, Inc., Salem, OR ($402,550) 5. Harris & Associates, Inc., Concord, CA ($413,650) 6. Nichols Consulting Engineers, CHTD, Richmond, CA ($402,150) 7. Pavement Engineering, Inc., San Luis Obispo, CA ($410,150) Work Project Title: Pavement Management Technical Assistance Program (P-TAP), Round 24 Purpose of Project: To provide technical assistance in implementing P-TAP for jurisdictions in the San Francisco Bay Area. Brief Scope of Work: Includes some or all the following: collecting pavement data, running Street Saver software, identifying budget impacts on pavement condition; providing plans, specifications, and estimates for constructing streets and roads; and assisting with non-pavement asset management. Project Cost Not to Exceed: $2,445,465 these amendments Previous approved contract amounts = $4,246,350 Total approved contract amounts based on this action = $6,691,815 Funding Source: Federal Surface Transportation Block Grant Program (STP) funds and Local funds Fiscal Impact: $2,445,465 of the funding for this amendment is available in the FY 2022-23 agency budget. DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 Administration Committee Agenda Item 2b March 8, 2023 Request for Committee Approval Page 2 of 2 Motion by Committee: That the Executive Director or designee is authorized to negotiate and enter into a contract amendment with each of the firms listed above, in the respective amounts listed above, to provide technical assistance in implementing P-TAP for jurisdictions in the San Francisco Bay Area as described above and in the Executive Director’s memorandum dated March 8, 2023, and the Chief Financial Officer is directed to set aside funds in the amount of $2,445,465 for such contract amendments. Administration Committee: Federal D. Glover, Chair Approved: March 8, 2023 DocuSign Envelope ID: 74B27A39-E29D-44DA-89F3-8608D21ADEE4 March 9, 2023 Ms. Caroline Tom Senior Civil Engineer Contra Costa County 2475 Waterbird Way Martinez, CA 94553 RE: Pavement Management Technical Assistance Program (P-TAP) Round 24 Dear Ms. Tom: We are pleased to inform you that your project has been selected for P-TAP Round 24 assistance. Project Type: PMS Consultant Assigned: NCE Total project cost: $100,000 Local Contribution to be sent to MTC: $20,000 MTC will enter into a contract directly with a consultant for the total project cost. We expect the contract to be ready in May when your project will officially begin. As soon as the contracts are finalized, the selected consultant will be contacting you to work out a detailed Work Scope, Schedule, and Budget (WSB). WSBs will be expected to clearly describe the scope of work, define the specific tasks required, time for completion, and budget. MTC also requires payment for the local contribution amount shown above by Monday, April 17, 2023. Failure to submit the local contribution funds in a timely manner will disqualify your project and P-TAP funds for your project may be rescinded. Please make checks payable to MTC, include “P-TAP 24” in the comments line, and send a copy of the attached invoice with payment to: Metropolitan Transportation Commission Attn: Accounts Receivable P.O. Box 45788 San Francisco, CA 94145-0788 Once the local funds are received by MTC, a “notice to proceed” will be issued to the consultant and work can commence. MTC will email you so that you can participate in a mandatory “kick-off” webinar for all P-TAP 24 recipients. The consultant will contact you to schedule an in-person “kick-off” meeting. P-TAP Round 24 March 9, 2023 Page 2 MTC will pay the consultant directly after receiving project deliverables and upon your approval of those deliverables. Please note that additional costs above and beyond P-TAP funds may be added to the MTC contract with the condition that the difference is sent to MTC along with the local contribution. Also, please refer to MTC Resolution No. 4078, Revised for P-TAP Guidelines that include program goals, eligibility and project selection criteria. The resolution will be emailed to you. This project must be completed by April 30, 2024. It is important that you review the consultant’s final report promptly so that the project can be closed out and invoiced by that date. As part of PTAP Round 24, you will receive two years of subscription of StreetSaver®. Upon receipt of the local contribution, we will send you an acknowledgement of the subscription. If you have any questions, please contact Sui Tan at 510-400-8428 or stan@bayareametro.gov. Sincerely, Section Director Funding Policy and Programs TR: ST Attachment S:\Project\Pavement Management\Projects\P-TAP\PTAP 24\Award\Award Letter Template P-TAP 24.docx RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor’s Office to issue a warrant, in the amount of $20,000, to the Metropolitan Transportation Commission (MTC) for Pavement Technical Assistance Program (P-TAP) matching funds, Countywide. Project No.: 0672-6U2109. (100% Local Road Funds) FISCAL IMPACT: 100% Local Road Funds BACKGROUND: Contra Costa County has been selected by the MTC to receive P-TAP funding for pavement distress inspections of unincorporated County roads. Funding for the project will be $100,000. The County is required to provide 20% matching funds ($20,000). CONSEQUENCE OF NEGATIVE ACTION: Unincorporated County roads will not receive pavement distress inspections in 2023 or 2024. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Caroline Tom (925) 313-7007 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Issue a warrant to Metropolitan Transportation Commission for Pavement Technical Assistance matching funds ATTACHMENTS MTC Award Letter MTC Invoice RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Public Works Director, a blanket purchase order with Cresco Equipment Rental, in an amount not to exceed $300,000, for rentals of heavy equipment used for road and flood control maintenance, for the period April 4, 2023 through April 3, 2026, Countywide. FISCAL IMPACT: The cost of renting equipment for road and flood control maintenance is funded 100% by local road and flood control funds. BACKGROUND: The Contra Costa County Public Works Department maintains over 660 miles of roads, 79 miles of creeks and channels, and 29 detention basins and dams throughout Contra Costa County. The equipment required for this type of maintenance work includes heavy equipment rentals used by County work crews. On January 19, 2023, the County issued Invitation for Bid (IFB) 2301-623 for rentals of heavy equipment used for road and flood control maintenance. Two firms responded and each firm provided the lowest prices for half of the equipment, so the award is being split between the two firms. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Richard Herd (925) 313-7012 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Blanket Purchase Order with Cresco Equipment Rental for rentals of heavy equipment for road and flood control maintenance, Countywide. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the blanket purchase order will prevent the Public Works Department from completing routine and emergency road and flood control maintenance work in a timely manner. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Public Works Director, a blanket purchase order with Herc Rentals Inc., in an amount not to exceed $300,000, for rentals of heavy equipment used for road and flood control maintenance, for the period April 4, 2023 through April 3, 2026, Countywide. (100% Local Road and Flood Control Funds) FISCAL IMPACT: The cost of renting equipment for road and flood control maintenance is funded 100% by local road and flood control funds. BACKGROUND: The Contra Costa County Public Works Department maintains over 660 miles of roads, 79 miles of creeks and channels, and 29 detention basins and dams throughout Contra Costa County. The equipment required for this type of maintenance work includes heavy equipment rentals used by County work crews. On January 19, 2023, the County issued Invitation for Bid (IFB) 2301-623 for rentals of heavy equipment used for road and flood control maintenance. Two firms responded and each firm provided the lowest prices for half of the equipment, so the award is being split between the two firms. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Richard Herd (925) 313-7012 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Blanket Purchase Order with Herc Rentals Inc, for rentals of heavy equipment used for road and flood control maintenance, Countywide. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the blanket purchase order will prevent the Public Works Department from completing routine and emergency road and flood control maintenance work in a timely manner. Recorded at the request of:Clerk of the Board Return To:Public Works Dept- Simone Saleh THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III Supervisor NO: ABSENT:Ken Carlson, District IV SupervisorFederal D. Glover, District V Supervisor ABSTAIN: RECUSE: Resolution No. 2023/95 IN THE MATTER OF accepting an Offer of Dedication - Drainage Purposes for development plan permit DP14-03041, for a project developed by IPT Richmond DC LLC, as recommended by the Public Works Director, North Richmond area. (District I) NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: Offer of Dedication - Drainage Purposes REFERENCE: 408-180-010/408-170-072 GRANTOR: IPT Richmond DC LLC AREA: North Richmond DISTRICT: I Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Austin Pato - Engineering Services, Francisco Avila- DCD, Renee Hutchins - Records, Karen Piona- Records, Michael Burger, Flood Control, IPT Richmond DC III LLC RECOMMENDATION(S): ADOPT Resolution No. 2023/95 accepting an Offer of Dedication - Drainage Purposes for development plan permit DP14-03041, for a project developed by IPT Richmond DC LLC, as recommended by the Public Works Director, North Richmond area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Offer of Dedication - Drainage Purposes is required per Condition of Approval No. 68-11. A previous Offer of Dedication - Drainage Purposes has been approved for recording purposes only on January 5, 2021, Resolution No. 2021/3, Recording Document Number DOC-2021-0011855. CONSEQUENCE OF NEGATIVE ACTION: Drainage easement will not be accepted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Austin Pato - Engineering Services, Francisco Avila- DCD, Renee Hutchins - Records, Karen Piona- Records, Michael Burger, Flood Control, IPT Richmond DC III LLC C. 7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Accepting an Offer of Dedication - Drainage Purposes for development plan permit DP14-03041, North Richmond area. AGENDA ATTACHMENTS Resolution No. 2023/95 Recording Document No. DOC-2021-0011855 MINUTES ATTACHMENTS Signed Resolution No. 2023/95 Recorded at the request of:Clerk of the Board Return To:Public Works Dept- Simone Saleh THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III Supervisor NO: ABSENT:Ken Carlson, District IV SupervisorFederal D. Glover, District V Supervisor ABSTAIN: RECUSE: Resolution No. 2023/96 IN THE MATTER OF approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD19-09527 (APN's 004-010-006, 004-032-005, -062; 004-510-001, -003, -004, -005,-006,; 001-230-050, -051, -052), for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (District III) WHEREAS the Public Works Director has recommended that he be authorized to execute the Stormwater Management Facilities Operation and Maintenance Agreement with Pulte Home Company, LLC, as required by the Conditions of Approval for subdivision SD19-09527. This agreement would ensure the operation and maintenance of the stormwater facilities in accordance with the approved Stormwater Control Plan and approved Operation and Maintenance Plan for subdivision SD19-09527, which is located at the existing terminus of Point of Timber Road, Discovery Bay area. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED . Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Anthony DiSilvestre - Engineering Services, Renee Hutchins - Records, Karen Piona- Records, Michelle Mancuso- Watershed Program, Flood Control, John Steere, Watershed Program, Flood Control, Catherine Windham, Flood Control, Pulte Home Company LLC RECOMMENDATION(S): ADOPT Resolution No. 2023/96 approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD19-09527, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Stormwater Management Facilities Operation and Maintenance Agreement is required by Condition of Approval No. 132. CONSEQUENCE OF NEGATIVE ACTION: The agreement will not be recorded, and Contra Costa County may not be in full compliance with its National Pollutant Discharge Elimination System (NPDES) permit and Stormwater Management Discharge Control Ordinance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Anthony DiSilvestre - Engineering Services, Renee Hutchins - Records, Karen Piona- Records, Michelle Mancuso- Watershed Program, Flood Control, John Steere, Watershed Program, Flood Control, Catherine Windham, Flood Control, Pulte Home Company LLC C. 8 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Approve the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD19-09527, Discovery Bay area. AGENDA ATTACHMENTS Resolution No. 2023/96 Stormwater Management Facilities Operation & Maintenance Agreement MINUTES ATTACHMENTS Signed Resolution No. 2023/96 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:3 John Gioia Candace Andersen Diane Burgis NO: ABSENT:2 Ken Carlson Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2023/97 IN THE MATTER OF approving the Final Map and Subdivision Agreement for subdivision SD19-09527, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (District III) WHERE AS, the following documents were presented for Board approval this date: I. Map The Final Map of subdivision SD19-09527, property located in the Discovery Bay area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A Subdivision Agreement with Pulte Home Company, LLC, principal, whereby said principal agrees to complete all improvements as required in said Subdivision Agreement within 2 years from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Performance amount: $86,300 Auditor’s Deposit Permit No. 861704 Date: 12-22-2022 Auditor’s Deposit Permit No. 855726 Date: 9-8-2022 Submitted by: Pulte Home Company, LLC B. Surety Bond Bond Company: Argonaut Insurance Company Bond Number: SUR0073410 Date: 12-6-2022 Performance Amount: $8,543,700 Labor & Materials Amount: $4,315,000 Principal: Pulte Home Company, LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2022-2023 tax lien has been paid in full and the 2023-2024 tax lien, which became a lien on the first day of January 2023, is estimated to be $34,620, with security guaranteeing payment of said tax lien as follows: · Tax Surety Bond Company: RLI Insurance Company Bond Number: CMS353227 Date: 2-28-2023 Amount: $34,620 Principal: Pulte Home Company, LLC NOW, THEREFORE, BE IT RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said Final Map is APPROVED and this Board does hereby accept subject to installation and acceptance of improvements on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Anthony DiSilvestre - Engineering Services, Renee Hutchins - Records, Karen Piona- Records, Kimberly Rodriguez - Design & Construction, Chris Hallford -Mapping , Michael Mann- Finance, Chris Lau - Maintenance, Jennifer Cruz- DCD, Pulte Home Company LLC, Argonaut Insurance Company, RLI Insurance Company, T-02/04/2024 RECOMMENDATION(S): ADOPT Resolution No. 2023/97 approving the Final Map and Subdivision Agreement for subdivision SD19-09527, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for subdivision SD19-09527 and has determined that all conditions of approval for Final Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Final Map and the Subdivision Agreement will not be approved and recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Anthony DiSilvestre - Engineering Services, Renee Hutchins - Records, Karen Piona- Records, Kimberly Rodriguez - Design & Construction, Chris Hallford -Mapping , Michael Mann- Finance, Chris Lau - Maintenance, Jennifer Cruz- DCD, Pulte Home Company LLC, Argonaut Insurance Company, RLI Insurance Company, T-02/04/2024 C. 9 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Approve the Final Map and Subdivision Agreement for subdivision SD19-09527, Discovery Bay area. AGENDA ATTACHMENTS Resolution No. 2023/97 Final Map Subdivision Agreement & Improvement Security Bond Tax Letter & Surety Bond MINUTES ATTACHMENTS Signed Resolution No. 2023/97 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:3 John Gioia Candace Andersen Diane Burgis NO: ABSENT:2 Ken Carlson Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2023/98 IN THE MATTER OF approving the Final Map and Subdivision Agreement for subdivision SD21-09591, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (District III) WHERE AS, the following documents were presented for Board approval this date: I. Map The Final Map of subdivision SD21-9591, property located in the Discovery Bay area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A Subdivision Agreement with Pulte Home Company, LLC, principal, whereby said principal agrees to complete all improvements as required in said Subdivision Agreement within 2 years from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Performance amount: $50,880 Auditor’s Deposit Permit No. 861704 Date: 12-22-2022 Auditor’s Deposit Permit No. 855726 Date: 9-8-2022 Submitted by: Pulte Home Company, LLC B. Surety Bond Bond Company: Argonaut Insurance Company Bond Number: SUR0073411 Date: 12-6-2022 Performance Amount: $5,037,120 Labor & Materials Amount: $2,544,000 Principal: Pulte Home Company, LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2022-2023 tax lien has been paid in full and the 2023-2024 tax lien, which became a lien on the first day of January 2023, is estimated to be $93,830, with security guaranteeing payment of said tax lien as follows: · Tax Surety Bond Company: RLI Insurance Company Bond Number: CMS353226 Date: 2-28-2023 Amount: $93,830 Principal: Pulte Home Company, LLC NOW, THEREFORE, BE IT RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said Final Map is APPROVED and this Board does hereby accept subject to installation and acceptance of improvements on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Anthony DiSilvestre - Engineering Services, Renee Hutchins - Records, Karen Piona- Records, Kimberly Rodriguez - Design & Construction, Chris Hallford -Mapping , Michael Mann- Finance, Chris Lau - Maintenance, Jennifer Cruz- DCD, Pulte Home Company LLC, Argonaut Insurance Company, RLI Insurance Company RECOMMENDATION(S): ADOPT Resolution No. 2023/98 approving the Final Map and Subdivision Agreement for subdivision SD21-09591, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for subdivision SD21-09591, Phase II of subdivision SD19-09527, and has determined that all conditions of approval for Final Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Final Map and the Subdivision Agreement will not be approved and recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Anthony DiSilvestre - Engineering Services, Renee Hutchins - Records, Karen Piona- Records, Kimberly Rodriguez - Design & Construction, Chris Hallford -Mapping , Michael Mann- Finance, Chris Lau - Maintenance, Jennifer Cruz- DCD, Pulte Home Company LLC, Argonaut Insurance Company, RLI Insurance Company C. 10 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Approve the Final Map and Subdivision Agreement for subdivision SD21-09591, Discovery Bay area. AGENDA ATTACHMENTS Resolution No. 2023/98 Final Map Subdivision Agreement & Improvement Security Bond Tax Letter & Surety Bond MINUTES ATTACHMENTS Signed Resolution No. 2023/98 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:3 John Gioia Candace Andersen Diane Burgis NO: ABSENT:2 Ken Carlson Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2023/99 IN THE MATTER OF: Approving the Road Improvement Agreement, for road acceptance RA23-01256, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (District III) WHEREAS, these improvements are located at the intersection of Bixler Road and Point of Timber Road. The following document was presented for Board approval for road acceptance RA23-01256 property located in the Discovery Bay area, Supervisorial District III. A Road Improvement Agreement with Pulte Home Company, LLC, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within 2 years from the date of said agreement. Improvements generally consist of road improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I. Cash Bond Performance Amount: $8,000 Auditor’s Deposit Permit No. 855726 Date: 9-8-2022 Submitted by: Pulte Home Company, LLC II. Surety Bond Bond Company: Argonaut Insurance Company Bond Number and Date: SUR0073401 8-26-2022 Performance Amount: $779,000 Labor & Materials Amount: $393,500 Principal: Pulte Home Company, LLC NOW, THEREFORE, BE IT RESOLVED that said Road Improvement Agreement is APPROVED. Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Anthony DiSilvestre - Engineering Services, Kimberly Rodriguez - Design & Construction, Chris Lau - Maintenance, Chris Hallford -Mapping , Michael Mann- Finance, Renee Hutchins - Records, Karen Piona- Records, Jennifer Cruz- DCD, Pulte Home Company LLC, Argonaut Insurance Company, T-02/04/2024 RECOMMENDATION(S): ADOPT Resolution No. 2023/99 approving the Road Improvement Agreement, for road acceptance RA23-01256, for a project being developed by Pulte Home Company, LLC, as recommended by the Public Works Director, Discovery Bay area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: Improvements have been reviewed and processed by Public Works staff and meet all applicable conditions of approval and County requirements. Said improvements are an off-site requirement of subdivision SD19-09527 and are being tracked under separate permits. CONSEQUENCE OF NEGATIVE ACTION: The Road Improvement Agreement and related security will not be approved. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Anthony DiSilvestre - Engineering Services, Kimberly Rodriguez - Design & Construction, Chris Lau - Maintenance, Chris Hallford -Mapping , Michael Mann- Finance, Renee Hutchins - Records, Karen Piona- Records, Jennifer Cruz- DCD, Pulte Home Company LLC, Argonaut Insurance Company, T-02/04/2024 C. 11 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Approving the Road Improvement Agreement for road acceptance RA23-01256, Discovery Bay area. AGENDA ATTACHMENTS Resolution No. 2023/99 Road Improvement Agreement & Improvement Security Bond MINUTES ATTACHMENTS Signed Resolution No. 2023/99 Recorded at the request of:Clerk of the Board Return To:Public Works Dept- Simone Saleh THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III Supervisor NO: ABSENT:Ken Carlson, District IV SupervisorFederal D. Glover, District V Supervisor ABSTAIN: RECUSE: Resolution No. 2023/100 TITLE/IN THE MATTER OF: Exonerating Deferred Improvement Agreement for land use permit 316-72, as recommended by the Public Works Director, Walnut Creek area. (District IV) WHEREAS, on April 22, 1975, the Board authorized the Chair to execute a Deferred Improvement Agreement with Jawslee Corporation for improvements along Oak Road as required by the conditions of approval for land use permit 316-72. The aforesaid Deferred Improvement Agreement was recorded on May 2, 1975 in Volume 7495 of Official Records at page 960 and became an encumbrance against Assessor's Parcel No. 172-012-020 & 021. The Public Works Director now informs this Board that the requirements outlined in said agreement have been satisfied. The Board hereby FINDS that the conditions of the above-mentioned Deferred Improvement Agreement are satisfied. NOW, THEREFORE, BE IT RESOLVED that the aforesaid Deferred Improvement Agreement is EXONERATED. Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Austin Pato - Engineering Services, Renee Hutchins - Records, Karen Piona- Records, Ruben Hernandez - DCD, SummerHill Oak Road LLC RECOMMENDATION(S): ADOPT Resolution No. 2023/100 exonerating the Deferred Improvement Agreement for Oak Road frontage improvements, required as a condition of approval for land use permit 316-72, executed April 22, 1975 between Contra Costa County and Jawslee Corporation, as recommended by the Public Works Director, Walnut Creek area. (District IV) FISCAL IMPACT: No fiscal impact. BACKGROUND: As a condition of approval for land use permit 316-72, the owner of the project site (Jawslee Corporation) was allowed to defer construction of road improvements along Oak Road frontage. The deferment and responsibility for future construction were secured through the Deferred Improvement Agreement (DIA) approved by the Board of Supervisors (Recorded May 2, 1975, Volume 7495 Official Records Page 960). In 1975, the City of Walnut Creek (City) annexed Oak Road along the frontage of the obligated property in 1985, but the property itself remains in the unincorporated County. Shortly after annexation, the City undertook a design and construction project to close gaps in the pavement widening and frontage improvements that remained, including this project site thus satisficing the obligation described in the DIA. The Palmer School for Boys and Girls (Palmer School) operated on the property. In 2020, the Palmer School ceased operation and subsequently sold their campus, including the obligated parcels, to a developer who is currently constructing a condominium project (SD21-09559) on the property. City and County staff coordinated their review of street improvements along the Oak Road frontage and concurred that the improvements constructed under the City’s jurisdiction were adequate and no additional right of way dedications or widening were necessary. The developer requested we proceed with this action to terminate this encumbrance on the property. CONSEQUENCE OF NEGATIVE ACTION: The Deferred Improvement Agreement will remain in place as an encumbrance on the property and its owners. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kellen O'Connor (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Larry Gossett- Engineering Services, Kellen O'Connor - Engineering Services, Austin Pato - Engineering Services, Renee Hutchins - Records, Karen Piona- Records, Ruben Hernandez - DCD, SummerHill Oak Road LLC C. 12 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Exonerating Deferred Improvement Agreement, required as a condition of approval, for Land Use Permit 316-72, Walnut Creek area. AGENDA ATTACHMENTS Resolution No. 2023/100 MINUTES ATTACHMENTS Signed Resolution No. 2023/100 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month shade hangar rental agreement with Coeur, LLC., for a south-facing shade hangar at Buchanan Field Airport effective March 15, 2023, in the monthly amount of $144.00, Pacheco area (District IV). FISCAL IMPACT: The Airport Enterprise Fund will realize $1,728.00 annually. BACKGROUND: On November 14, 2006, the Contra Costa County Board of Supervisors approved the form of the T-Hangar and Shade Hangar Rental Agreement for use with renting the County's t-hangars, shade hangars, medium hangars, and executive hangars at Buchanan Field Airport. On February 23, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Rental Agreement for use with the large East Ramp Hangars. On January 16, 2009, Contra Costa County Board of Supervisors approved an amendment to the T-Hangar and Shade Hangar APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Greg Baer, 925-681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:Greg Baer, Director of Airports Date:April 4, 2023 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a hangar rental agreement with Buchanan Field Airport Hangar tenant BACKGROUND: (CONT'D) Rental Agreement and the Large Hangar Rental Agreement (combined "Hangar Rental Agreements"). The Hangar Rental Agreements are the current forms in use for rental of all the County hangars at Buchanan Field Airport. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agmt pg 4-5 San Francisco Bay Regional Water Quality Control Board REISSUED CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR THE Walnut and Grayson Creeks Desilting Project Contra Costa County Sent via electronic mail: No hard copy to follow Effective Date: February 16, 2023 RM: 445630 Place ID: 877432 WDID#: 2 CW445630 Corps File No: 2020-00385S Applicant: Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 Phone: (925) 313-2000 Attn: Allison Knapp, aknap@pw.cccounty.us Alex Nattkemper, alex.nattkemper@pw.cccounty.us Water Board Kathryn Hart Staff: 1515 Clay Street, Suite 1400 Oakland, CA 94612 Phone: (510) 622-2356 Email: Kathryn.Hart@waterboards.ca.gov Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 i Table of Contents Certification and Order Coverage ........................................................................................... 1 1. Project ......................................................................................................................... 1 1.1 Site Description & Background ............................................................................ 1 1.2 Project Description .............................................................................................. 3 2. Impacts to Waters of the State .................................................................................. 4 2.1 Fill and Discharge ............................................................................................... 4 3. Mitigation .................................................................................................................... 4 4. California EcoAtlas .................................................................................................... 6 5. CEQA Compliance ..................................................................................................... 6 6. Conditions .................................................................................................................. 6 6.1 Regulatory Compliance and Work Windows ....................................................... 6 6.2 General Construction .......................................................................................... 8 6.3 Pre-Construction Reporting and Other Requirements ......................................... 9 6.4 Active Construction and Post-Construction Reporting Requirements .................10 6.5 Mitigation and Monitoring Requirements ............................................................11 6.6 Administrative and General Compliance ............................................................12 6.7 Standard Conditions ..........................................................................................14 Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 1 of 15 Certification and Order Coverage This Clean Water Act (CWA) section 401 Water Quality Certification (Certification) and Order (Order) is issued to the Contra Costa County Flood Control and Water Conservation District (Permittee). Pursuant to CWA section 404 (33 USC § 1344 et seq.) the Permittee requested authorization to fill and discharge to waters of the U.S. from the U.S. Army Corps of Engineers (Corps), Regulatory Branch. The Corps will issue an Individual Permit for the Walnut and Grayson Creeks Desilting Project (Project) (Corps File No. 2020-00385S). The Permittee applied to the San Francisco Bay Regional Water Quality Control Board (Water Board) requesting Certification verifying the Project does not violate State water quality standards. The application for Certification was received on November 3, 2021 (Application). Supplemental information to support the Application was received on May 20, August 1 and 25, October 13 and 26, and November 23, 2022. The following sections are derived from the Application and supplemental information, including updated details regarding Project mitigation measures provided since the December 1, 2022, Certification. 1. Project The Project will remove sediment that has accumulated in Grayson and Walnut creeks (Creeks) since the last desilting operation in 2007. This maintenance work is required by the Corps Readiness Branch to maintain a specified flood flow capacity. In their current state the hydraulic capacity of both channels is reduced due to siltation and the creeks may overtop their banks during the 1% annual chance storm. The function of these Creeks is critical to the operations of the flood control facilities and the Project will help increase the hydraulic capacity of both Creeks. 1.1 Site Description & Background The Project sites are located in the Creeks in the general vicinity of the communities of Pacheco and Concord (lat. 38.001667, long. -122.062778). The Creeks consist of constructed earthen trapezoidal flood control channels with steep grassy banks, a level floodplain, and a low-flow channel. Within the Project area Grayson Creek is bordered by residential, commercial, and industrial development on all sides. Walnut Creek is bordered by industrial and commercial land uses. The Iron Horse Regional Trail runs along the east side of Walnut Creek north of Concord Avenue, and west of the creek south of Concord Avenue. Gravel access roads run along the majority of both creeks. The limits of tidal incursion are north of the Project site and generally located between Highway 4 and Imhoff Drive. Grayson Creek drains an approximately 24 square mile sub-watershed and is contained in the 145 square mile Walnut Creek watershed. Walnut Creek is fed by several other major tributaries including San Ramon, Las Trampas, Lafayette, Murderer’s, Pine, and Galindo creeks. Walnut Creek joins Pacheco Creek approximately 1.5 miles downstream of the confluence with Grayson Creek. From here it flows north 1.75 miles into the Suisun Bay. The width of Grayson Creek in the planned work area from the top of the levees on either side ranges from 100 to 200 feet. The Walnut Creek channel averages approximately 350-400 feet in width from the top of the levees on either side. Ruderal vegetation is located along both sides of the creeks on the levee banks and extends onto the flood plain where sediment has been deposited. Sediment deposits have resulted in elevated areas that no longer have seasonal wetland hydrology and are characterized by upland plant species. Grayson Creek is treeless to the north of 2nd Ave., Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 2 of 15 and to the south of 2nd Ave. scattered trees are present that separate the creek from adjacent residential communities and commercial shopping centers. Walnut Creek is treeless for the entire length within the Project area, with the exception of scattered trees that are planted along the bike path adjacent to buildings. Seasonal wetlands situated on the Creek floodplains support a combination of native and non- native plant species such as curly dock, western goldenrod, rabbitsfoot grass, creeping ryegrass, birdfoot trefoil, tall flat sedge, redtop, perennial pepperweed, fat hen, foxtail barley, knot grass, cocklebur, and hyssop loosestrife. Freshwater marsh is located in scattered areas along the Creeks adjacent to the low flow channel and in areas on the floodplain where water is near the surface. These areas are dominated by dense stands of narrow-leaved cattail and hardstem bulrush. In several areas the Walnut Creek channel includes some seasonal swales that parallel the low flow channel. The Creeks’ perennial low flow channels are primarily unvegetated and contain open water. The Creeks’ lower reaches contain habitat for both Central California Coast steelhead and Central Valley fall/late fall-run Chinook salmon. Both Creeks are degraded within the Project area due to past channelization and urbanization encroaching to the edge of the stream banks throughout much of the watershed. The channel bottoms are silty/muddy, lacking the gravelly substrate necessary for successful egg development in salmonids. The banks consist primarily of short grasses and ruderal vegetation which provides little if any complexity or cover to the Creek channels. A lack of trees or other tall riparian vegetation also exposes the water to continual sunlight, resulting in elevated water temperatures. Although once abundant in Walnut Creek, self-sustaining anadromous salmonid populations are not currently present in the Project reach or in the upstream watersheds. It is presumed that Chinook salmon observed in the lower reach of the creek in recent years are not successfully reproducing in the area. Although successful spawning is not currently occurring, small numbers of steelhead still return to the watershed each year. Currently there are several constructed concrete passage barriers in Walnut Creek, including a 14-foot tall drop structure upstream of the Project area (Drop Structure 1), just south of the Willow Pass Road Bridge. No steelhead or salmon have been observed in Grayson Creek in recent years. Lower Walnut Creek: In recent years after selective deauthorization from the Corps’ flood control program, the lower 2.5 miles of Walnut Creek and 1.5 miles of Pacheco Creek were enhanced and restored as part of the Lower Walnut Creek Restoration Project. This project lowered and breached the flood protection levees along the creeks to restore tidal inundation to existing non-tidal wetlands. The project will result in improved habitat quality, diversity, and connectivity, which is expected to benefit native and special status species and provide for sustainable flood management. Climate Change: Climate change is affecting and will continue to affect the San Francisco Bay Region, including parts of Contra Costa County. Current and future impacts include increasing frequency of extreme weather events, prolonged fire seasons, heat waves, and sea level rise that may change the flow dynamics at the fluvial/tidal interface. Changes in hydrology include more frequent and longer droughts, more frequent and more severe flooding, and changes in timing and volume of peak runoff. These changes may result in consequent impacts on water quality and beneficial uses of the Creeks, including but not limited to harmful algal blooms due to a combination of warm waters and the reduced ability of warm water to hold dissolved oxygen, nutrient pollution, and more erosion and sedimentation caused by intense rainfall events and increased velocity of stream flow. The precise rate and magnitude of future impacts Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 3 of 15 to the Creeks and associated aquatic habitat from climate change are uncertain, and thoughtful and deliberate interventions will be needed to optimize opportunities to protect existing and potential beneficial uses of creek habitats. 1.2 Project Description Desilting will occur in Grayson Creek from Chilpancingo Parkway to Imhoff Drive, and in Walnut Creek between points approximately 1,200 feet downstream of Diamond Boulevard and approximately 1,300 feet downstream of Concord Avenue. These reaches were chosen due to their cost-effectiveness and ability to provide the most flood risk reduction in high-priority areas of Concord, Pleasant Hill, Pacheco, and Vine Hill. The Creeks in these reaches are divided into regions for desilting, termed sediment bars, which represent areas that are most beneficial to hydraulic capacity and least impactful to Environmentally Sensitive Areas (ESAs). The sediment bars total approximately 36 acres. The vertical limit of sediment removal will be to the Creeks’ original geometry, derived from the as-built plans. An estimated depth of two to seven feet of sediment in Walnut Creek and one to six feet of sediment in Grayson Creek will be removed from each sediment bar for a total of approximately 172,300 cubic yards (cy) with 129,800 cy from Walnut Creek and 42,500 cy from Grayson Creek. Table 1 in Attachment A to the Application provides a summary of sediment excavation and temporary fill volumes and surface area. The Project was designed to minimize environmental impacts by using site data including LiDAR data and the wetland delineation to identify ESAs and design the removal work to avoid them. The value of each sediment bar to the Project goal of increasing flow capacity was determined by three factors: total silt volume, slope of energy grade line (representing the increase to hydraulic capacity), and accessibility. Using these factors as a guide, several permutations of the sediment bars were modeled in HEC-RAS to determine simulated outcomes of different desilted locations. The sediment bars were assigned rankings according to the reduction in water surface elevation resulting from the different permutations. The Project currently has funding to desilt both Rank 1 and Rank 2 sediment bars. The work will occur over a period of approximately three months during the dry season over two consecutive years, starting in 2023 such that only one side of each Creek is desilted each year, minimizing impacts to the ESAs. All ESAs will be separated from the work by a temporary fence or flagging, and the low flow channel will be buffered from excavation with the addition of a two- foot high berm. After desilting the excavated areas will be seeded with a native wetland seed mix. Before the start of the rainy season cuts will be made intermittently in the berm so that the flow of water will connect with the floodplain following desilting activities. Erosion and sediment control measures will be implemented to prevent the discharge of sediment to the Creeks during construction, and avoid and minimize the discharge of sediment to the Creeks under post- construction conditions. Pre-construction surveys for all special status and common wildlife species will be conducted within the Project areas by a qualified biologist immediately prior to equipment or material staging, pruning/grubbing, or surface-disturbing activities. Dewatering activities are not expected to be required to implement the Project. Trucks will carry sediment from Walnut Creek to a storage site and for potential reuse at the Marathon Refinery for wetland establishment. A disposal site for the sediment from Grayson Creek is yet to be determined and will depend on sampling results for toxic constituents. Beneficial reuse will be included if determined to be feasible. Work along Grayson Creek, which has a rather narrow channel, is likely to be conducted with long arm excavators operating from the top of the bank. Along Walnut Creek Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 4 of 15 and in some areas of Grayson Creek loaders will likely enter the floodplain directly via access ramps where sediment bars are wide enough to allow equipment to operate. In these areas, temporary earthen ramps for equipment will be constructed down the banks and removed following Project completion. On-site material for the access ramps will be collected from non- wetland areas of the channels via long arm excavators. In total, 16 access points (three for Walnut and 13 for Grayson) and 14 temporary access ramps (three for Walnut, 11 for Grayson) are anticipated. Post-Construction Monitoring: The Permittee will implement post-construction monitoring at the Project site to verify development of seasonal wetlands and adequate control of invasive plant species as part of the Project mitigation. 2. Impacts to Waters of the State The Water Board has independently reviewed the Project record to analyze impacts to water quality and the environment and designated beneficial uses within the Project’s watershed. The San Francisco Bay Basin Water Quality Control Plan (Basin Plan) defines the beneficial uses of waters of the State. The Project will impact the Creeks, which are tributary to the San Francisco Bay (Bay) via Suisun Bay and the Carquinez Strait. The Basin Plan assigns the following beneficial uses to the Bay: industrial service supply, industrial process supply, commercial and sport fishing, shellfish harvesting, estuarine habitat, fish migration, preservation of rare and endangered species, fish spawning, wildlife habitat, water contact and non-contact recreation, and navigation. 2.1 Fill and Discharge The Project will temporarily impact 36.18 acres of floodplain habitat, which includes 12.91 acres of seasonal wetlands, 0.022 acres of freshwater marsh, and 23.24 acres of ruderal floodplain within the Creeks during sediment removal (approximately 23.26 acres (9.57 acres of wetlands) in Walnut Creek and 12.95 acres (3.35 acres of wetlands) in Grayson Creek). An additional 0.73 acres of levee bank and floodplain habitat will be temporarily impacted from fill for access ramps. The seasonal wetland and upland sediment bars within the floodplain areas of the Creeks, and their adjacency to the perennial low flow channels, provides valuable habitat in support of a variety of wildlife species, including avian and insect populations. In addition to the various wildlife species that use the area, there are known western pond turtle populations in both Creeks. Also, as noted above both steelhead and Chinook salmon have potential to occur within the Project areas. Although direct impacts to fish are not likely to occur due to the limits of the work, the excavation of the floodplain areas will result in the direct temporary loss of the Creeks’ seasonal wetland and upland wildlife habitat. Additionally, impacts to aquatic organisms, including fish, could occur as a result of short-term elevated turbidity in stream flows during post-construction storm events. Until vegetation becomes established in the excavated areas storm events may result in the discharge of sediment to the low flow channels and downstream reaches, particularly during heavy rainfall events when the floodplain is engaged. Sediment plumes caused by the Project could potentially affect water quality and downstream aquatic habitat. 3. Mitigation Mitigation for the Project’s temporary impacts is required and will be provided by the anticipated onsite temporary expansion of existing seasonal wetlands and freshwater marsh within the flood Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 5 of 15 control channels, removal and eradication of invasive plant species within the Project area as shown on Figure 2, Overview of Invasive Weed Locations, High and Moderate Priority for Control in the Sediment Bars to be Desilted, Walnut and Grayson Creeks Desilting Project (Nomad), funding to support development of a watershed restoration plan in coordination with the Walnut Creek Watershed Council, and submittal of information regarding channel design capacities and opportunities to improve creek habitat and water quality within the channels over the long term. Habitat Return and Invasive Plant Removal: Removal of upland sediment bars from the Creeks is expected to improve and increase wetland habitat as the sediment is currently occupied by ruderal, upland vegetation. Up to 36.18 acres of wetlands could become established after construction, which would result in an increase in wetland acreage of approximately 23.24 acres. However, whether seasonal wetlands will be successfully established is uncertain and will depend on rainfall, Creek flows, and frequency of sediment deposition in the years following construction. If seasonal wetlands do establish, their longevity will be limited due to expected sediment deposition on the floodplain. Watershed Restoration Plan: The restoration plan envisioned by the Walnut Creek Watershed Council (Watershed Council) would engage with local community stakeholders to identify potential creek enhancement and restoration sites in the Walnut Creek watershed. Potential sites will include those identified within natural or constructed channels that are maintained by the Permittee for flood conveyance. The costs to produce this plan have not been finalized and are expected to be around $100,000. The Permittee has proposed to dedicate $80,000 to support the development of the restoration plan, which is expected to comprise a portion of a wider-scale watershed planning effort currently underway by the Permittee. The Watershed Council anticipates obtaining additional funding as needed to complete the plan. Flood Control Channel Study Information/Documentation: To inform discussions relative to future sediment removal projects and opportunities to improve water quality and support for beneficial uses within the Creeks, this Certification requires the Permittee to prepare and submit channel studies that provide information on the hydraulic capacity of the Creeks within the sediment removal reaches, and analysis of opportunities to enhance water quality. Information to be provided will include the established objectives for flood damage reduction, the discharge and estimated stages for these flows, and the flow efficiency at lower and higher flows and permissible channel roughness. The submittal will include an analysis of opportunities and constraints related to potential enhancements within and upstream or downstream of the Project reaches. Potential enhancements to explore include planting trees along the active channel to improve water temperature, analysis of a channel shape within the levees that could more efficiently transport sediment and/or reduce the required frequency of removal, and removal of Drop Structure 1. Implementation of erosion and sediment control best management practices (BMPs) will reduce the potential for discharge of sediment from disturbed areas into the low flow channels of the Creeks. All soil fills for access ramps will be removed by the end of the work in each Project reach. All temporarily impacted areas will be restored to pre-Project contours (or design grades) and seeded with a native wetland mix or planted with salvaged vegetation. A restoration biologist will monitor the site for restoration success two times per year for up to five years after seeding/planting has occurred. Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 6 of 15 4. California EcoAtlas Regional, state, and national studies have determined that tracking of mitigation and restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. To effectively carry out the State’s Wetlands Conservation Policy of no net loss to wetlands, the State needs to closely track both losses and successes of mitigation and restoration projects affecting wetlands and other waters of the State. The Water Board must also track project performance in Bay Area creeks subject to routine repair and maintenance activities, such as recurring instabilities. Therefore, we adopted the digital interactive mapping tool called EcoAtlas.[1] EcoAtlas is a web-based tool that integrates maps, project plans, site conditions, restoration efforts, and other elements on a project-by-project basis based on data inputs. Accordingly, we require the Permittee to upload their Project information to EcoAtlas with the Project Tracker tool at https://ptrack.ecoatlas.org (see Condition 13). The San Francisco Estuary Institute developed EcoAtlas and maintains detailed instructions for Project Tracker on its website at https://ptrack.ecoatlas.org/instructions. 5. CEQA Compliance Pursuant to the California Environmental Quality Act (CEQA), as lead agency the Contra Costa County Department of Conservation and Development prepared an Initial Study and Mitigated Negative Declaration (IS/MND) for the Project. The IS/MND was circulated for public comment in October 2021. The IS/MND was adopted by the Contra Costa County Board of Supervisors on May 17, 2022, and a Notice of Determination was filed on May 19, 2022 (State Clearinghouse Number 2021100347). The Water Board, as a responsible agency under CEQA, determined the IS/MND, in combination with the requirements in this Order, appropriately addresses the Project’s potentially significant impacts under the Water Board’s purview. 6. Conditions I, Eileen White, Executive Officer, do hereby issue this Order certifying that any discharge from the proposed Project will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ, “General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification,” which requires compliance with all conditions of this Order, including the following: 6.1 Regulatory Compliance and Work Windows 1. Design Conformance. The Project shall be constructed in conformance with the Project description provided in the Application and supplemental information described in this Certification. The Permittee shall fully comply with engineering plans, specifications, and technical reports submitted in the Application or supplemental materials required as part of this Certification. Any changes to information provided in the Application must be submitted to the Water Board and receive Executive Officer approval before the changes are implemented; [1]Source: California Wetlands Monitoring Workgroup (CWMW). EcoAtlas. Accessed March 12, 2019. https://www.ecoatlas.org. CWMW includes SFEI, the State Water Board, U.S. EPA Region IX, and other agencies with similar goals to track effects of projects in wetlands and other aquatic habitats. Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 7 of 15 Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work and final restoration work has been conducted in accordance with the permit and all applicable conditions. (California Water Code (CWC) section 13264). 2. Corps Compliance. The Permittee shall adhere to the conditions of the Individual Permit issued by the Corps and all requirements associated with the authorization; 3. CDFW Compliance. The Permittee shall adhere to all terms set forth in the Streambed Alteration Agreement Issued by California Department of Fish & Wildlife (CDFW) (EPMIS Notification No. CCA-15375-R3); 4. Special Status Species. This Certification does not allow for the take, or incidental take, of any special status species. The Permittee shall use the appropriate protocols, as approved by CDFW to ensure that Project activities do not impact the Beneficial Use of the Preservation of Rare and Endangered Species; Rationale: Conditions 2 through 4 are required pursuant to California Code of Regulations Title 23 (23 CCR) section 3856(e), which requires that copies be provided to the Water Boards of “any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents, if not finalized) that will be required for any construction, operation, maintenance, or other actions associated with the activity.” 5. Work Window. To protect water in the Creeks from sediment generation or debris associated with construction activity and to minimize potential impacts to aquatic species, construction in waters of the State is restricted to the April 15 to October 31 dry season or to the end of any extension granted by Water Board staff on the basis of five-day weather forecasts; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work and final restoration work has been conducted in accordance with the permit and all applicable conditions. (CWC section 13264). 6. Precipitation and Construction Planning. Precipitation forecasts shall be considered when planning construction activities. The Permittee shall monitor the 72- hour forecast from the National Weather Service at http://www.nws.noaa.gov. When there is a forecast of more than 40% chance of rain, or at the onset of unanticipated precipitation, the Permittee shall implement all measures necessary to prevent discharge of stormwater runoff containing sediment to State waters. If any construction activities will occur after October 31, a Winterization Plan shall be submitted to the Executive Officer for review and acceptance and contain, but not be limited to, the following: a) Activities and Timeline Description – for any proposed activity that will begin or end after October 31, the activity and its respective construction timeline, from start to finish, shall be described in detail. b) Erosion Control Measures – all erosion control measures shall be described in detail, including, but not limited to, the type of erosion control measure and its Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 8 of 15 material, implementation timeline, and best management practices to be used during and after implementation; Rationale: This condition is necessary to ensure avoidance and minimization of impacts to waters of the State and Beneficial Uses from construction activities (CWC section 13376 et seq.). These conditions are also necessary to minimize adverse impacts to water quality from construction activities to the maximum extent practicable (State Board Resolution No. 68-16; 40 CFR Part 131.12 (a)(1); CWC section 13369; Basin Plan section 2.1.14). 6.2 General Construction 7. Discharge Prohibition. No unauthorized construction-related materials or wastes (e.g., debris, soil, silt, excessive bark, rubbish, creosote-treated wood, raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life) shall be allowed to enter into or be placed where they may be washed by rainfall or runoff into waters of the State. When construction is completed, any excess material shall be removed from the work area and any areas adjacent to the work area where such material may be discharged to waters of the State; 8. Construction Stormwater Management. The Permittee shall obtain coverage under and comply with the Statewide NPDES Construction Stormwater General Permit (State Water Resources Control Board Order No. 2009-0009-DWQ; NPDES Permit No. CAS000002) (Construction General Permit), and any reissuances thereof, including the permit adopted by the State Water Board on September 8, 2022, which will become effective on September 1, 2023. The Permittee shall prepare and implement a site-specific Stormwater Pollution Prevention Plan (SWPPP) for the construction of each phase of the Project, in accordance with the requirements, provisions, limitations, and prohibitions of the Construction General Permit; Rationale: Conditions 7-8 are necessary to ensure that contaminated material is not placed within waters of the State (Basin Plan sections 3.3.12, 3.3.19, and 4.19) and to ensure avoidance and minimization of impacts to waters of the State from construction activities (CWC section 13376 et seq.). 9. Erosion & Sediment Controls. The Permittee shall implement effective erosion and sediment control BMPs in any Project areas where soil disturbance occurs during construction; 10. Sediment Management. During sediment removal activities debris, piles, and other removed materials shall be fully contained to prevent any transport by wind, surface runoff, or other means into waters of the State. The Permittee shall implement all avoidance and minimization measures described in the Application; 11. Equipment Maintenance Prohibition. No fueling, cleaning, or maintenance of vehicles or equipment shall take place within waters of the State, or within any areas where an accidental discharge to waters of the State may occur; and construction materials and heavy equipment must be stored outside of waters of the State. When work within waters of the State is necessary, best management practices shall be implemented to prevent accidental discharges; Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 9 of 15 Rationale:Conditions 9-11 are necessary to ensure avoidance and minimization of impacts to waters of the State from construction activities (CWC section 13376 et seq.). These conditions are also necessary to minimize adverse impacts to water quality from construction activities to the maximum extent practicable (State Board Resolution No. 68-16; 40 CFR Part 131.12 (a)(1); CWC section 13369; Basin Plan section 2.1.14). 12. Beneficial Use Impacts. All work performed within waters of the State shall be completed in a manner that minimizes impacts to beneficial uses and habitat; measures shall be employed to minimize disturbances along waters of the State that will adversely impact the water quality of waters of the State. Disturbance or removal of vegetation shall not exceed the minimum necessary to complete Project implementation; Rationale: This condition is necessary to ensure that Project implementation does not impact water quality in ways that impair the designated beneficial uses of waters of the State (Basin Plan Chs. 3 and 4) and to ensure minimization of impacts to waters of the State and, as well as to ensure successful restoration of all temporary impacts authorized (State Board Resolution No. 68-16; 40 CFR Part 131.12 (a)(1); CWC sections 13264 and 13369; Basin Plan Chs. 3 and 4). 6.3 Pre-Construction Reporting and Other Requirements 13. EcoAtlas Form. The Permittee shall input Project information into EcoAtlas no later than 14 days from this Certification’s issuance date, consistent with Section 4 herein. The Project information shall be added to the Project Tracker tool in EcoAtlas online at https://ptrack.ecoatlas.org. Instructions for adding information to EcoAtlas are available at https://ptrack.ecoatlas.org/instructions, or by contacting the Water Board staff listed on the cover page of this Certification. The Permittee shall notify the Water Board and submit documentation demonstrating the Project has been successfully added to Eco Atlas via email to RB2-401Reports@waterboards.ca.gov, or by mail to the attention of 401 Certifications Reports (see address on the letterhead), and include EcoAtlas_445630_Walnut Grayson Desilt Project; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13267). 14. Beaver Protection. The Permittee shall manage the sediment removal work in the vicinity of Chilpancingo Parkway in a manner that is protective of a beaver population that may be present at this location. No later than 60 days prior to the start of construction the Permittee shall submit, acceptable to the Executive Officer, documentation of adequate protection measures (such as initiating the ground disturbance some distance downstream of the beaver area, etc.); Rationale: This condition is necessary to ensure that Project implementation does not impact water quality in ways that impair the designated beneficial uses of waters of the State (Basin Plan Chs. 3 and 4). 15. Walnut Creek Restoration Plan Funding & Progress Report. No later than 60 days prior to the start of construction the Permittee shall submit, acceptable to the Executive Officer, documentation that funding has been provided to the Walnut Creek Watershed Council and/or Contra Costa Resource Conservation District to support Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 10 of 15 the development of a watershed restoration plan as outlined in the Overview of the Walnut Creek Watershed Restoration Plan (Walnut Creek Watershed Council, September 2022). The Permittee shall dedicate $80,000 to the development of the restoration plan, an amount that is expected to provide for the initial identification of high and medium priority restoration and enhancement opportunities within the watershed. Construction shall not begin until the funding dedication has been approved by the Executive Officer. The Permittee shall provide updates to the Water Board during preparation of the watershed plan to document progress towards plan completion. The identification of priority restoration opportunities is expected to be complete within an approximate two-year time frame. The Permittee shall submit, acceptable to the Executive Officer and no later than July 1 and December 1, 2023, and July 1 and December 1, 2024, reports on the progress of the plan development; Rationale: This condition is necessary to minimize adverse impacts to water quality (CWC sections 13385 and 13267). 16. Commencement of Construction. The Permittee shall submit a Commencement of Construction Report acceptable to the Executive Officer. The Commencement of Construction Report shall be submitted no later than seven days prior to the start of initial construction activities. The report shall reference SOC_445630_Walnut Grayson Desilt Project and shall be sent via email to RB2- 401Reports@waterboards.ca.gov or by mail to the attention of 401 Certifications Reports (see address on the letterhead). The Commencement of Construction shall be submitted in same timeframe specified herein for multiple construction seasons, if necessary; Rationale: This condition is necessary to assist in scheduling compliance inspections to ensure compliance with the permit and applicable conditions (CWC section 13267). 17. Photo-Documentation Points. Prior to the start of construction, the Permittee shall establish a minimum of 25 photo-documentation points to provide representative views of the Project sites. These points shall be located approximately every 500 feet along the work areas. The photo-documentation points shall be used to track the Project’s pre- and post-construction conditions. The Permittee shall prepare a site map with the photo-documentation points clearly marked. Prior to, and following construction, the Permittee shall photographically document the pre- and post- construction conditions. These post-construction photographs and map shall be submitted, along with the as-built report described below; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions and to ensure that the proposed work has been conducted in accordance with the permit and all applicable conditions (CWC section 13267). 6.4 Active Construction and Post-Construction Reporting Requirements 18. As-Built Report. The Permittee shall prepare and submit an as-built report acceptable to the Executive Officer within 60 days of completing the work each year, including the implementation of site restoration activities. The report shall include a description of the areas of actual disturbance during Project construction and the photographs and map specified in Condition 17. The report(s) shall clearly identify and illustrate the Project activities that occurred and the locations where impacts to waters of the State occurred. The as-built report shall include the 100 percent Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 11 of 15 construction plans marked with the contractor’s field notes that clearly depict any deviations made during construction from the designs reviewed by the Water Board. The as-built report shall be submitted via email to (1) the Water Board staff responsible for certifications in Contra Costa County and (2) RB2- 401Reports@waterboards.ca.gov. This report shall reference As Built_445630_Walnut Grayson Desilt Project, and the date of Project completion; 19. Project Construction Completion Report. The Permittee shall submit a Notice of Project Construction Completion (NOC) acceptable to the Executive Officer to notify the Water Board that the Project has been completed. The Completion Notice shall be submitted to the Water Board no later than 60 days after completing Project construction and mitigation work and shall reference NOC_445630_Walnut Grayson Desilt Project. The Notice may be combined with the Notice of Mitigation Monitoring Completion (Condition 23) and shall be sent via email to RB2- 401Reports@waterboards.ca.gov, or by mail to the attention of 401 Certifications Reports (see address on the letterhead); Rationale: Conditions 18 and 19 are necessary to ensure compliance with the permit and applicable conditions and to ensure that the Project has been conducted in accordance with the permit and all applicable conditions (CWC section 13267). 6.5 Mitigation and Monitoring Requirements 20. Mitigation & Monitoring and Maintenance. The Permittee shall conduct the sediment removal work in a manner that optimizes the establishment of seasonal wetlands within the excavation areas. All disturbed areas shall be seeded with the native seed mix described in the Vegetation Baseline Survey, Walnut and Grayson Creeks Desilting Project (Nomad, August 1, 2022), or in accordance with a modified plan submitted, acceptable to the Executive Officer, before construction. The excavation areas shall be monitored for a five-year period following construction to assess the nature and extent of vegetative cover and to verify whether seasonal wetlands have become established. Cover by invasive plant species removed as part of the Project shall be maintained at less than 10% over the long term and any new invasive weed species not recorded during baseline surveys shall be controlled. Adaptive management measures shall be implemented to ensure successful restoration of the temporarily impacted areas; 21. Annual Monitoring Reports. The Permittee shall submit annual monitoring reports, acceptable to the Executive Officer, by January 31 following each monitoring year. The first monitoring year commences in the calendar year after completing the restoration of temporarily impacted areas. At the time of this Certification the restoration completion is anticipated in 2023 for one side of the channel and 2024 for the other side. Therefore, monitoring of mitigation areas shall begin in 2024 and the first annual monitoring report shall be due on January 31, 2025, unless the Project is completed at a different time. The annual reports shall summarize each year’s monitoring results and include detailed information on the hydrology and vegetation cover types. The approximate percent cover of plant species and their wetland indictor status shall be provided. The annual reports shall compare data to previous monitoring years and describe evidence of sediment deposition on the floodplain. After three years of monitoring a wetland delineation shall be conducted to determine the extent of jurisdictional wetlands. If adverse impacts to waters of the State are Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 12 of 15 observed during the monitoring period, or if seasonal wetlands are not developing as anticipated, additional mitigation may be required by the Executive Officer. The annual report shall reference AMR_445630_Walnut Grayson Desilt Project and shall be submitted via email to RB2-401Reports@waterboards.ca.gov and the Water Board staff responsible for 401 certifications in Contra Costa County. Annual reports may also be submitted in hard copy to the attention of 401 Certifications Reports (see the address on the letterhead); 22. Channel Study Information. The Permittee shall submit, acceptable to the Executive Officer and no later than May 1, 2024, a report that includes information on the hydraulic capacity of the Creeks within the sediment removal reaches, and analysis of opportunities to enhance water quality and beneficial uses of waters of the State. The report shall include the established objectives for flood damage reduction, the discharge and estimated stages for these flows, and the flow efficiency at lower and higher flows and permissible channel roughness (i.e., how calculated Manning’s n values may vary depending on depth of flow). The submittal shall include an analysis of opportunities and constraints related to potential enhancements within and upstream and downstream of the Project reaches. Potential enhancements to explore shall include planting trees along the active channel to improve water temperature, analysis of a channel shape within the levees that could more efficiently transport sediment and/or reduce the required frequency of removal, and removal of Drop Structure 1; 23. Notice of Mitigation Monitoring Completion. Within 30 days of confirming that the Project’s mitigation has been completed, the Permittee shall submit, acceptable to the Executive Officer, a Notice of Mitigation Monitoring Completion that references NMMC_445630_Walnut Grayson Desilt Project. This report shall be submitted via email to RB2-401Reports@waterboards.ca.gov and to the Water Board staff responsible for 401 certifications in Contra Costa County. Hard copies may also be submitted to the address on the letterhead, to the attention of 401 Certifications; Rationale: Conditions 20-23 are necessary to ensure compliance with the permit and applicable conditions and to ensure that the Project and restoration work have been conducted in accordance with the permit and all applicable conditions (CWC section 13267). 24. Climate Change Preparation. The Permittee shall submit, acceptable to the Executive Officer and no later than May 1, 2024, a status report on the development of climate change policies and plans as they relate to anticipated changes in rainfall runoff patterns and the Creeks original flood control design parameters. Understanding the reasonably foreseeable influence of climate change is important to adequately assess the impacts of future maintenance activities within the Creeks; Rationale: This condition is necessary to ensure compliance with the Water Board policies for protection of wetlands and waters (Basin Plan Ch. 4). 6.6 Administrative and General Compliance 25. Site Access. The Permittee shall grant Water Board staff or an authorized representative, upon presentation of credentials and other documents as may be required by law, permission to: (1) enter upon the Project site or compensatory mitigation site(s) where a regulated facility or activity is located or conducted, or Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 13 of 15 where records are kept; (2) have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order; (3) inspect any facilities, equipment, practices, or operations regulated or required under this Order; and (4) sample or monitor for the purposes of assuring Order compliance; Rationale: This condition is necessary to assist in scheduling compliance inspections and to ensure compliance with the permit and applicable conditions (CWC section 13267). 26. Certification and Order at Site. A copy of this Order shall be provided to any consultants, contractors, and subcontractors working on the Project. Copies of this Order shall remain at the Project site for the duration of this Order. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors; Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC sections 13170 and 13245). 27. Water Quality Violations Notification. The Permittee shall notify the Water Board of any violations of water quality standards, along with the cause of such violations, as soon as practicable (ideally within 24 hours). Notification may be via telephone, email, delivered written notice, or other verifiable means; Rationale: This condition is necessary to minimize adverse impacts to water quality (CWC sections 13385 and 13267). 28. Ownership Change Notification. The Permittee shall provide a signed and dated notification to the Water Board of any change in ownership or interest in ownership of any Project area at least 10 days prior to the transfer of ownership. The purchaser shall also submit a written request to the Water Board to be named as the permittee in an amended order. Until this Order has been modified to name the purchaser as the permittee, the Permittee shall continue to be responsible for all requirements set forth in this Order; 29. Discharge Change Notification. In accordance with CWC section 13260, the Permittee shall file with the Water board a report of any material change or proposed change in the ownership, character, location, or quantity of this waste discharge. Any proposed material change in operation shall be reported to the Executive Officer at least 30 days in advance of the proposed implementation of any change. Changes to discharges include, but are not to be limited to, significant new soil disturbances, proposed expansions of development, or any change in drainage characteristics at the Project site. For the purpose of this Order, this includes any proposed change in the boundaries of the area of wetland/waters of the State to be impacted; Rationale: Conditions 28 and 29 are necessary to ensure compliance with the permit and applicable conditions (CWC section 13264). 30. Submittal of Reports. Where this Certification requires submittal of reports, including plans, reports, or related information, the submitted reports shall be acceptable to the Executive Officer; Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 14 of 15 Rationale: This condition is necessary to ensure compliance with the permit and applicable conditions (CWC section 13267). 31. Individual Waste Discharge Requirements. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements pursuant to CWC sections 13263 and/or 13377 and 23 CCR section 3857; 32. Expiration. This Order shall continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project; 6.7 Standard Conditions 33. Certification and Order Modification. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to CWC sections 13320 and 13330 and 23 CCR section 3867; 34. Hydroelectric Facilities. This Order does not apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought; 35. Application Fee. This Certification and Order is conditioned upon full payment of the required fee, including annual fees, as set forth in 23 CCR section 3833. The Project’s Application and Project fee of $2,066 was received by the Water Board on November 4, 2021. The remaining Project fee of $177,179, calculated using the 2020-2021 Water Quality Certification Dredge and Fill Application Fee Calculator, Category A – Fill & Excavation Discharges is due within 10 days of the date of this Certification; 36. Annual Fee Invoice. In accordance with 23 CCR section 2200, the Permittee shall pay an annual fee to the Water Board each fiscal year (July 1 – June 30) until Project construction and mitigation activities are completed and an acceptable Notice of Project Mitigation Completion is received by the Water Board (Note: the Annual Fee may be changed by the State Water Board; at the time of Certification it was $2,031 per year). Annual fees will be automatically invoiced to the Permittee. The Permittee must notify the Water Board when mitigation is complete with a final report in order to request termination of annual billing. Rationale: Conditions 33-36 are standard conditions that “shall be included as conditions of all water quality certification actions” (23 CCR section 3860(a)). In addition to the information noted above, these conditions are individually required to ensure compliance with narrative water quality objectives in the Basin Plan, the state anti-degradation policy (State Water Board Resolution No. 68-16), the California Wetlands Conservation Policy (Executive Order W-59-93, Basin Plan Chs. 4 and 5), and Water Board policies for the protection of wetlands and waters (Basin Plan Ch. 4, including Ch. 4.23). The conditions above are individually authorized as noted above and by 23 CCR sections 3838 and 3859 and CWC Div. 7, Ch. 4, Article 4, Waste Discharge Requirements. Water Quality Certification and Order Place ID 877432 Walnut and Grayson Creeks Desilting Project RM 445630 Page 15 of 15 This Order applies to the Project as proposed in the application materials and designs referenced above in the conditions of Certification. Be advised that failure to implement the Project in conformance with this Order is a violation of this Certification. Any violation of Certification conditions is a violation of State law and subject to administrative civil liability pursuant to CWC section 13350. Failure to meet any condition of this Certification may subject the Permittee to civil liability imposed by the Water Board to a maximum of $5,000 per day of violation or $10 for each gallon of waste discharged in violation of this action. Any requirement for a report made as a condition to this Certification is a formal requirement pursuant to CWC section 13267, and failure or refusal to provide, or falsification of such required report, is subject to civil liability as described in CWC section 13268. The burden, including costs, of these reports bears a reasonable relationship to the need for the report and the benefits to be obtained. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements. If you have any questions concerning this Order, please contact Kathryn Hart of my staff via email to Kathryn.hart@waterboards.ca.gov or by phone at (510) 622-2356. All future correspondence regarding this Project should reference the RM No. indicated at the top of this letter. Sincerely, __________________________ for Eileen White Executive Officer cc: SWRCB, DWQ, stateboard401@waterboards.ca.gov Water Board, Victor Aelion, victor.aelion@waterboards.ca.gov CDFW, Andrew Chambers, Andrew.Chambers@Wildlife.ca.gov U.S. EPA, Region 9: EPA Mailbox: r9cwa401@epa.gov Jennifer Siu, siu.jennifer@epa.gov Corps, SF Regulatory Branch: Katerina Galacatos, katerina.galacatos@usace.army.mil Sarah Firestone, sarah.m.firestone@usace.army.mil Contra Costa County: Claudia Gemberling, claudia.gemberling@pw.cccounty.us Paul Detjens, paul.detjens@pw.cccounty.us RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (FC District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to issue a payment in the amount of $80,000 from the Flood Control Zone 3B Fund payable to the Contra Costa Resource Conservation District (CCRCD), the fiduciary agent for the Walnut Creek Watershed Council (WCWC), to fund the development of a portion of the Walnut Creek Watershed Restoration Plan (Plan), as ordered by the Regional Water Quality Control Board (RWQCB) Clean Water Act Section 401 Water Quality Certification and Order (Certification and Order), Pleasant Hill and Concord areas. FISCAL IMPACT: This payment of $80,000 will be funded by 100% Flood Control Zone 3B Funds. (Project No. 7520-6B8334) BACKGROUND: This payment to the WCWC is required by the RWQCB Certification and Order for the Walnut and Grayson Creeks Desilting Project as partial mitigation for the temporal impacts of the desilting project. The Certification and Order is directing these funds towards the WCWC that APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michelle Cordis, (925) 313-2381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Allison Knapp, Deputy Chief Engineer, Claudia Gemberling, Environmental Services, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Michael Taylor, Flood Control, Catherine Windham, Flood Control C. 14 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Payment to Contra Costa Resource Conservation District as ordered by the Regional Water Quality Control Board Water Quality Certification and Order. BACKGROUND: (CONT'D) will use the funds to research and write a portion of the Plan. The WCWC is expected to engage local community stakeholders to identify potential creek enhancement and restoration sites in the Walnut Creek Watershed. Potential sites will include natural and channelized portions of Walnut and Grayson Creeks maintained by the FC District as well as areas in the watershed upstream of areas managed by the FC District. The FC District is in agreement with this mitigation requirement and requests Board authorization to provide a single $80,000 payment to the CCRCD, the fiduciary agent for WCWC, to identify potential creek enhancement and restoration sites as a part of the Certification and Order. The Certification and Order requires this authorization no later than 60 days prior to the start of construction, which is scheduled to begin in June of 2023, so time is of the essence. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the FC District will not be able to issue payment, delaying the start of the Walnut and Grayson Creek Desilting Project. Additionally, the FC District will not be in compliance with the Certification and Order issued by the RWQCB. ATTACHMENTS 401 Water Quality Certification and Order RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (FC District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a Consulting Services Agreement (Contract) Amendment with Balance Hydrologics, Inc., to increase the payment limit by $650,000 to a new payment limit of $1,020,000 and to extend the term through May 13, 2024, for on-call professional engineering services relating to hydrology/hydraulic studies and modeling, Countywide. FISCAL IMPACT: This amendment, including the Contract, will be funded by 43% FC District Funds and 57% Flood Control Zone 1 Funds. (Project No.: Various) BACKGROUND: The FC District provides regional flood protection, technical information, hydrology data and education to cities and residents, and environmental stewardship for over 70 miles of streams and several detention basins, as part of the County’s flood protection system. The FC District anticipates the need to deliver important infrastructure in the Marsh Creek watershed to keep ahead of development. As such, the FC District is increasing the payment limit and extending APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mark Boucher, (925) 313-2274 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Allison Knapp, Deputy Chief Engineer, Tim Jensen, Flood Control, Mark Boucher, Flood Control, Paul Detjens, Flood Control, Michael Taylor, Flood Control, Catherine Windham, Flood Control C. 15 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:On-Call Contract Amendment with Balance Hydrologics, Inc., Countywide. BACKGROUND: (CONT'D) the term for a single additional year of its agreement for on-call support for hydrology/hydraulic studies and modeling to plan and design the Lower Sand Creek Basin. Additionally, the City of Brentwood has begun work on the adjacent Sand Creek Sports Park, which is integrated with the FC District’s Lower Sand Creek Basin. This amendment is necessary to ensure that timely services for planning and design of the Lower Sand Creek Basin are delivered in tandem with the City of Brentwood’s sports park project. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, the FC District will not be able to obtain timely on-call support for hydrology/hydraulic studies and modeling. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. The following diagram depicts Approximate locations for existing route(s)and while reasonably believed to be final may be subject to modifications. LUMEN does not represent or warrant the accuracy of the fiber route and has not made physical verification. This map depicts the vicinity of the route based on our inventory records. Copyright© 2021 LUMEN. All rights reserved. RECOMMENDATION(S): As the governing body of Contra Costa County and the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer and Public Works Director, or designee, to execute a license agreement with Level 3 Communications, LLC, to access and operate an existing telecommunications conduit system within the Iron Horse Corridor and on District-owned land, during an initial ten-year term ending December 31, 2031, for an initial annual payment of $351,423, as recommended by the Public Works Director and Chief Engineer. DETERMINE that licensing of Contra Costa County (County) property located within the Iron Horse Corridor and Contra Costa County Flood Control District and Water Conservation District-owned land for operation and maintenance of licensee’s telecommunications conduit system will result in economic benefit to the County. DETERMINE that granting this license is in the public interest, that the interest in land conveyed will not substantially conflict or interfere with the use of the property by the County, and that the interest in the land conveyed will not substantially conflict or interfere with the use of the property by the District for the purpose for which it was acquired. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 16 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:APPROVE a License Agreement with Level 3 Communications, LLC FISCAL IMPACT: If the Agreement remains in effect through the initial 10-year term, the County and District will receive total revenue in the amount of $4,621,775. BACKGROUND: The County, the District, and the Redevelopment Agency entered into a License Agreement with GST Telecom, Inc., on February 21, 1996, to construct and operate a telecommunications conduit system for their own use and future customers and/or subsequent Licensees in the Iron Horse Corridor and on Flood Control District properties. The license was amended on October 6, 1998. GST Telecommunications, Inc. filed for bankruptcy and on September 21, 2000, the United States Bankruptcy Court for the District of Delaware approved the sale in bankruptcy of substantially all of GST’s assets, including the conduit system identified within the original license agreement, to Time Warner Telecom, Inc. The sale was consummated on January 10, 2001, and this GST asset was integrated into Time Warner Telecom Inc.’s California operations. At that time, Time Warner Telecom Inc., operated in the State of California under the name “Time Warner Telecom of California, L.P.” Level 3 Communications, LLC, sent a letter to the County, dated October 2, 2018, informing the County that they were the successor in interest to Level 3 Telecom of California, LP, formerly known as tw telecom of California, LP, formerly known as Time Warner Telecom of California, LP, and informing the County of their intent to renew the subject license agreement as per the GST license agreement as amended. Additionally, the Redevelopment Agency was dissolved, and only the County and the District now own the subject portions of the corridor. The County, District, and Time Warner Telecom, Inc., and later Level 3 Communications, LLC have continued to operate under the terms of the amended license agreement with GST, but because a license, by its nature, is not transferrable and the Redevelopment Agency no longer exists, staff has determined the County and District should execute a new license agreement with Level 3 Communications, LLC. The first annual payment ($351,423) for this license agreement has been prorated. Level 3 Communications, LLC paid a license fee under the terms of the prior license agreement for the fiscal year ending February 20, 2022. Therefore, the license fee for the first year of this license agreement is prorated beginning February 21, 2022, and ending December 31, 2022, to account for the payment already made covering a portion of the first year of the license term. The amounts of the remaining annual payments are reflected in the license agreement. CONSEQUENCE OF NEGATIVE ACTION: The license agreement would not be approved and Level 3 Communications, Inc. would have no right to continue occupying and using the Iron Horse Corridor for telecommunications purposes. ATTACHMENTS License Agreement Exhibit A RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to enter into an Agreement with the Dallas/Fort Worth (DFW) International Airport Fire Training Research Center (FTRC), for staff training that is required by the Federal Aviation Administration (FAA) for airports such as Buchanan Field and other similarly certified airports. FISCAL IMPACT: There is no impact on the County General Fund. The approximate registration costs for the 40 hour and eight-hour courses are $1,450 and $900 respectively. The training sessions needed this year are included in the Airports’ Enterprise Fund budget for FY22-23, and future training needs will be included in the annual budget process. BACKGROUND: The County maintains and operates the Buchanan Field Airport as a commercial service airport, or commonly referenced as a FAA Part 139 airport. The most significant operational aspect of a Part 139 airport is the requirement to provide adequate equipment and trained personnel for Aircraft Rescue and Firefighting (ARFF) services. The FAA requires 40 hours of initial training and 8 hours of annual recurrent training thereafter. The Dallas/Fort Worth Fire Training Research APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Greg Baer, 925-681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 17 To:Board of Supervisors From:Greg Baer, Director of Airports Date:April 4, 2023 Contra Costa County Subject:Approval of an Agreement with Dallas/Fort Worth Fire Training Research Center BACKGROUND: (CONT'D) Center (DFW-FTRC) offers both training opportunities. The FTRC’s compliance training meets or exceeds the requirements mandated by the FAA for annual and initial Part 139 compliance training. At a minimum, recurrent training must occur for all ARFF personnel at least once every 12 consecutive calendar months, or they will be unable to provide adequate shift coverage. The DFW-FTRC has been the ideal training facility due to the fact they use the same Aircraft Rescue Firefighting apparatus that is used at Buchanan Field. Because the Airports Division needs to acquire such training for new Operations staff, and for recurrent training, the agreement term is indefinite where it will renew annually until terminated by either party. CONSEQUENCE OF NEGATIVE ACTION: If the agreement is not approved, the Airports Division may be unable to maintain its compliance as a FAA Part 139 airport, until an alternative training option is identified. RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Fire Protection District, APPROVE AND AUTHORIZE the Fire Chief, or designee, to execute a contract with Sequoia Ecological Consulting, Inc., in an amount not to exceed $1,500,000, for multiple environmental projects related to wildfire mitigation and fuel reduction, for the period of April 15, 2023 through April 14, 2026 with two one-year extension options to April 14, 2028. (CAL FIRE Grant and Measure X) FISCAL IMPACT: $490,000 of the Wildfire Mitigation and Fuel Reduction project is funded by a CAL FIRE California Climate Investments Fire Prevention Grant – Shaded Fuel Break with $950,000 funded by Measure X revenue. These amounts will be expended at rates outlined in the contract, not to exceed $1,500,000, with future funding for authorized work to be approved annually as part of the Fire District’s annual budget process. BACKGROUND: The Fire District is required to engage experts in the areas of California Environmental Quality Act (CEQA) Compliance - Environmental Compliance and Cultural Resource Protection APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Regina Rubier (925) 265-3055 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 18 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:April 4, 2023 Contra Costa County Subject:Contract with Sequoia Ecological Consulting, Inc. BACKGROUND: (CONT'D) for certain wildfire mitigation and fuel reduction projects. Ecological and environmental consulting work will be performed through this agreement which will provide biologists to conduct training, monitor daily work activities, remedy treatments, and ensure compliance with all applicable habitat management/conservation plans and cultural resource protection Best Management Practices (BMPs). In addition to the items listed above, the CEQA consultant will provide Fire District staff environmental training which includes written reference material to assist crews performing fuel reduction work with measures they can take to comply with the environmental Avoidance and Minimization Measures (AMMs), as well as CAL FIRE's Best Management Practices (BMPs). A Notice of Exemption (NOE) will be used for work to be conducted on private lands. The private land portions of this project qualify for an NOE due to the lack of soil disturbance combined with treatment methods and prescription described above. In areas where an NOE is not permitted, the CAL FIRE Vegetation Treatment Program (VTP) will be utilized. To ensure the project is not delayed, the CEQA process will be divided into two phases. Phase I CEQA compliance will only include Rossmoor since the Golden Rain Foundation is a single land owner. Phase II CEQA compliance will be the remaining shaded fuel break since it involves multiple land owners and trusts. CONSEQUENCE OF NEGATIVE ACTION: If the agreement is not approved, the Fire District will not meet the State regulations required for wildfire mitigation and fuel reduction and will not be able to proceed with the 194 acres covered by the CAL FIRE grant or any larger mitigation projects funded by Measure X. RECOMMENDATION(S): DENY the claims filed by Cheryl Adams, Romelyn Bayaua for R.D., Melinda Briley-Aguilera, Kristina M. Crosby, Farmers Ins. For Muhammad Moin, Ka Bing Go, Laura Gutierrez, Malaya Taylor Keys, Don King, John Muir M.C.,Walnut Creek (2), The North River Ins. Co., Arvind Yeddula Reddy, Angelique Nichole Scott, Dupree E. Straughter, Technology Insurance Co., Inc., and Craig Watson. FISCAL IMPACT: No fiscal impact. BACKGROUND: Cheryl Adams: Property claim for damage to home in the amount of $5,275. Romelyn Bayaua for R.D.: Amended personal injury claim for injuries sustained in motorcycle accident in the amount of $5,000,000. Melinda Briley-Aguilera: Personal injury claim for injuries sustained in vehicle accident in an amount to exceed $1,000,000. Kristina M. Crosby: Property claim for damage to tire in the amount of $297.47. Farmers Ins. a/s/o Muhammad Moin: Subrogation claim for damage to vehicle in the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 19 To:Board of Supervisors From:Monica Nino, County Administrator Date:April 4, 2023 Contra Costa County Subject:claims BACKGROUND: (CONT'D) amount of $12,398.81. Ka Bing Go: Property claim for damage to fence in the amount of $1,170. Laura Gutierrez: Personal injury claim for failure to report death of son in the amount of $5,000,000. Malaya Taylor Keys: Personal injury claim related to hotel bed bug infestation in the amount of $2,000,000. Don King: Personal injury claim for excessive force in County jail in the amount of $150,000. John Muir M.C.,Walnut Creek: Breach of contract claim for unreimbursed medical expenses in the amount of $24,255. John Muir M.C.,Walnut Creek: Breach of contract claim for unreimbursed medical expenses in the amount of $4,746.27. The North River Ins. Co.: Subrogation claim for injuries sustained at a park from fallen tree in the amount of $1,481.88. Arvind Yeddula Reddy: Employment discrimination, and retaliation clam, in the amount of $1,000,000. Angelique Nichole Scott: Personal injury claim for injuries sustained in vehicle accident in an amount to exceed $1,000,000. Dupree E. Straughter: Personal injury claim for negligence related to food allergies in jail in a “fair and just amount.” Technology Insurance Company, Incorporated: Subrogation claim for a trip and fall in the amount of $3,370.52. Craig Watson: Property claim for damage to vehicle in the amount of $6,215.16. CONSEQUENCE OF NEGATIVE ACTION: Not acting on the claims could extend the claimants' time limits to file actions against the County. In the matter of:Resolution No. 2023/106 Proclaiming April 2023 as National Sexual Assault Awareness and Prevention Month WHEREAS, sexual violence affects many Contra Costa County residents, whether as a victim or survivor, or as a family member, significant other, child, friend, coworker, or neighbor of a victim or survivor; and WHEREAS, in 2021, Contra Costa County had 252 forcible rapes reported, with a rising number of adolescents affected; and WHEREAS, in 2022 Community Violence Solutions (CVS) reported 1,283 calls to the Rape Crisis Center’s crisis line, completed 203 sexual assault forensic exams, served 362 clients through its HOPE Therapy Services, and conducted 498 interviews through its Children’s Interview Center; and WHEREAS, Contra Costa County community volunteers are working together to provide quality services and assistance to sexual assault survivors, through 24-hour crisis hotlines that respond to emergency calls and offer support, provide comfort and advocacy during forensic exams, criminal proceedings, and throughout the healing process; and WHEREAS, Contra Costa County’s Alliance to End Abuse strives to bring systems together in an effort to reduce interpersonal violence in our communities by fostering the development of collaborative services, supports, interventions and prevention activities; and WHEREAS, CVS and its Rape Crisis Center, Sexual Assault Response Team, Children’s Interview Center, Prevention Department, HOPE Therapy Services and Anti-Trafficking Project programs in Contra Costa County promote education by offering training to schools, churches, and civic organizations, as well as to medical, mental health, law enforcement, education, and criminal justice personnel regarding sexual assault issues; and WHEREAS, the Alliance to End Abuse and CVS continue to work toward a society where all women, children, and men can live in peace, free from violence and exploitation. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County join anti-sexual violence advocates and support service programs in the belief that all community members are part of the solution to end sexual violence, and thereby proclaim April 2023 as Sexual Assault Awareness and Prevention Month. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tish Gallegos, 925-608-4808 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 20 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:Proclaim April 2023 as Sexual Assault Awareness Month AGENDA ATTACHMENTS Resolution 2023/106 MINUTES ATTACHMENTS Signed Resolution No. 2023/106 In the matter of:Resolution No. 2023/81 Celebrating National Library Week (April 23 - April 29, 2023) WHEREAS, libraries provide the opportunity for everyone to pursue their passions and engage in lifelong learning, allowing them to live their best life; WHEREAS, libraries have long served as trusted institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; WHEREAS, libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all; WHEREAS, libraries adapt to the ever-changing needs of their communities, continually expanding their collections, services, and partnerships; WHEREAS, libraries play a critical role in the economic vitality of communities by providing internet and technology access, literacy skills, and support for job seekers, small businesses, and entrepreneurs; WHEREAS, libraries are accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals; WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week; NOW, THEREFORE, BE IT RESOLVED THAT we, the Board of Supervisors of Contra Costa County, proclaim National Library Week, April 23-29, 2023. During this week, we encourage all residents to visit their library to explore the wealth of resources available. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Walt Beveridge 925-608-7730 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 21 To:Board of Supervisors From:Alison McKee, County Librarian Date:April 4, 2023 Contra Costa County Subject:National Library Week Recognition AGENDA ATTACHMENTS Resolution 2023/81 MINUTES ATTACHMENTS Signed Resolution No. 2023/81 In the matter of:Resolution No. 2023/101 Honoring Bill Pelter Whereas, on March 14, 2023, this planet lost an angel on earth, Bill Pelter was one of the most kind and relentless advocates I have ever known, injustice disturbed his inner core and he saw each and every human as someone of value to honor and love, and Whereas, Bill spent decades working in the service of people with disabilities, including working for the Independent Living Resources of Solano & Contra Costa Counties and in the late 1990s, really began to focus his energy on serving the developmental disability community, he went to work for the Cerebral Palsy Center of the Bay Area (now Ability Now Bay Area) in 1999 where he was the Assistant Executive Director, he worked to modernize the culture and create a truly person centered, choice, and self-determination model where everyone experienced honor, dignity and the love of staff and community, and Whereas, in addition to his employment, Bill served on a variety of boards and commissions to bring this voice of human value, inclusion and love to all bodies serving this community, he served as the Oakland Mayor’s appointee on the Commission on Persons with Disabilities from 2012-2015, additionally, he served as the President of the Developmental Disabilities Council of Alameda County in 2015, Bill received a California Assembly Certificate of Recognition for service to improve the quality of life for people with disabilities in 2015 and in that same year, the Lifetime Achievement Award from the Alameda County Developmental Disabilities Planning and Advisory Council, in 2016, he was honored with a California Senate Certificate of Recognition and Lifetime Achievement Award for Advocacy & Support of Developmental Disabilities Community, and Whereas, Bill was relentless in his pursuit to ensure people with developmental disabilities could have meaningful employment and to that end, he immersed himself in advocacy, he became the President of the Board at HireAble and was a founding member of the East Bay Employment Taskforce focused on increasing the number of people with intellectual and developmental disabilities (I/DD) in the workforce, he led the Ability Now Bay Area team that developed the first self-employment program for I/DD consumers in the East Bay, throughout all of this work, Bill maintained his membership on the Alameda County Developmental Disabilities Planning and Advisory Council’s Transition Committee focused on improving outcomes for special education students, and Whereas, Bill eventually retired from Ability Now Bay Area, and became a Community Development Consultant for them from 2019 – 2021 and at the same time, served as a member of the Alameda County Workforce Development Board, and Whereas, during the pandemic, Bill began to share his advocacy and immense knowledge and passion with the Aging community, zooming into Contra Costa Advisory Council on Aging meetings, Contra Costa Seniors & Adults with Disabilities Provider Network, the Measure X Community Advisory Board and more, in 2021, he was invited to join the Implementing the Master Plan for Aging in Contra Costa Together (IMPACCT) Steering Committee, helped launch the Disability and Community Living Advisory Council (DACLAC) Transportation Subcommittee and so many other related meetings, he had an unparalleled passion to see Contra Costa develop an Aging and Disability Resource Connection and it will be upon all of us to ensure that Bill’s dream becomes reality, and Whereas, Bill was tireless in his pursuit for a more inclusive world, the world is at a loss without his kind, gentle and unyielding advocacy, and we can continue to carry his torch. the Board of Supervisors joins Bill's family, friends, colleagues and loved ones in remembering joyful interactions, honor his legacy of love and exemplary service to the community. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: sonia bustamante 510.409.3004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 22 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Honoring Bill Pelter AGENDA ATTACHMENTS Resolution 2023/101 MINUTES ATTACHMENTS Signed Resolution No. 2023/101 In the matter of:Resolution No. 2023/104 Recognizing Rosa Mena upon her retirement as Acting Elections Manager in the Contra Costa County Clerk-Recorder Elections Department. WHEREAS, Rosa Mena joined Contra Costa County and the Clerk-Recorder Elections Department in February 2004, when she came on board as a Seasonal Temp and became a permanent Clerk-Experienced Level in August of that year; and WHEREAS, Rosa has led the Elections Division’s Campaign Services Unit since 2011; and WHEREAS, Rosa has worked as the Acting Elections Services Manager since 2022; and WHEREAS Rosa, during her tenure with the Elections Division, used her knowledge and experience to provide outstanding service to the public; and WHEREAS, Rosa has helped hundreds of candidates successfully qualify for the ballot and assisted dozens of jurisdictions properly fill vacancies over the years; and WHEREAS, Rosa built a rapport with the city clerks through training and ensuring their local candidate filing process proceeded smoothly with the support they needed; and WHEREAS Rosa, having started as a temporary employee, advocated for an end-of-election celebration with cake honoring seasonal staff and their commitment to public service and the integral role they play in the success of each election; and WHEREAS, Rosa performed her work for the Elections Division with a personal commitment to integrity and honesty; is knowledgeable, conscientious and dedicated; and WHEREAS, Rosa administered 81 elections during her career, including 5 primary elections and 5 general elections, seeing 3 different governors and 4 different presidents elected during her tenure; and WHEREAS, Rosa dedicated 23 years to Contra Costa County’s Clerk-Recorder Elections Department, and now looks forward to spending time with family and friends in her beautiful new home in Mexico that she built; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Contra Costa County hereby honors Rosa Mena for her dedication to Contra Costa County and congratulates her on a well-deserved retirement. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy RECOMMENDATION(S): ADOPT Resolution No. 2023/104 honoring Rosa Mena for her many years of service in the Clerk-Recorder Elections office and on the occasion her retirement, as recommended by the Clerk-Recorder. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tyler Stull, 925.335.7997 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 23 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Date:April 4, 2023 Contra Costa County Subject:Resolution Honoring Rosa Mena on the Occasion of her Retirement AGENDA ATTACHMENTS Resolution 2023/104 MINUTES ATTACHMENTS Signed Resolution No. 2023/104 In the matter of:Resolution No. 2023/105 Recognizing Eren Mendez upon her retirement as the Elections Outreach Coordinator in the Contra Costa County Clerk-Recorder Elections Department. Whereas, Eren Mendez joined Contra Costa County and the Clerk-Recorder Elections Department in early 2006 as the Elections Outreach Coordinator; and Whereas, Eren administered 52 elections during her career, including primary elections, general elections, recall elections, special elections and presidential elections during her tenure; and Whereas, Eren, through her leadership and tireless work to engage diverse community groups and leaders, improved all aspects of Contra Costa County’s election administration on which she worked; and Whereas, Eren was never one to accept no for an answer when it came to providing a polling place to the community and was always expert at convincing potential polling location hosts to provide that service for an election; and Whereas, Eren ensured that the voters of Contra Costa County had accessible and convenient polling places staffed by well-trained volunteer poll workers; and Whereas, Eren trained both temporary and permanent staff on critical components of election outreach and communication strategies; and Whereas, Eren worked tirelessly on outreach to community groups across Contra Costa to ensure that information about voting was available to underserved communities and that we fully met our commitments to serve residents in both Spanish, Chinese, and nine other languages; and Whereas, Eren helped establish the Election Community Engagement Group representing important stakeholders to provide critical elections information and from which we could learn about community priorities; and Whereas, Eren served on the committee to plan the Cesar Chavez Day celebrations for the Board of Supervisors; and Whereas, Eren during her tenure with the Elections Division, used her knowledge and experience to provide outstanding service to the public; and Whereas, Eren performed her work for the Elections Division with a personal commitment to integrity and honesty; is knowledgeable, conscientious and dedicated; and Whereas, Eren regularly brought joy and bagels into the office; and Whereas, Eren dedicated 17 years to Contra Costa County’s Clerk-Recorder Elections Department, and now looks forward to spending time with family, including her two nephews, friends and passions beyond elections; and Now, therefore, be it resolved that the Board of Supervisors of Contra Costa County hereby honors Eren Mendez for her dedication to Contra Costa County and congratulates her on a well-deserved retirement. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tyler Stull, 925.335.7997 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 24 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Date:April 4, 2023 Contra Costa County Subject:Resolution Honoring Eren Mendez on the Occasion of her Retirement AGENDA ATTACHMENTS Resolution 2023/105 MINUTES ATTACHMENTS Signed Resolution No. 2023/105 In the matter of:Resolution No. 2023/112 Recognizing Frances Kellman-Lima as 2023 Youth Hall of Fame Awardee for Volunteerism WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of Ce´sar E. Cha´vez in recognition of his commitment to social justice and respect for human dignity; and WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: Ce´sar E. Cha´vez; and WHEREAS, Frances Kellman-Lima is a Senior at El Cerrito High School, where she consistently achieves top grades and is involved in a wide range of extracurricular activities. She acts as a Peer Counselor and Conflict Mediator and was selected as a “Culture Keeper” mentor. Culture Keepers are youth leaders trained in dynamic mindfulness and restorative practices who work to transform the school's culture and put an end to the “school-to-prison pipeline”; and WHEREAS, for the last year and a half, Frances has been a standout voice on the topic of teen dating violence. She began as a member of a school-led support group, before joining Contra Costa County’s Youth Against Violence leadership group. She regularly goes out of her way to help other leaders in the group, presents great ideas, and displays strong leadership skills. Frances also takes time to volunteer at a preschool, specifically working with children who are living with intellectual and developmental delays; and WHEREAS, outside of school and volunteering, Frances has taken a Latino psychology class and was a teaching assistant for a cognitive neuroscience class at UC Berkeley, both of which she hopes to utilize for helping others; and that the Contra Costa County Board of Supervisors recognizes Frances Kellman-Lima Youth Hall of Fame Awardee for Volunteerism, and for exemplifying the values of service, integrity, kindness, activism, and leadership that Ce´sar Cha´vez embodied through his life. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 25 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Frances Kellman-Lima AGENDA ATTACHMENTS Resolution 2023/112 MINUTES ATTACHMENTS Signed Resolution No. 2023/112 In the matter of:Resolution No. 2023/120 recognizing Prisha Purohit 2023 Youth Hall of Fame Awardee for Teamwork WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and WHEREAS, San Ramon Valley High School Junior Prisha Purohit is no stranger to working with others. She is actively engaged with several school and community organizations that are dedicated to the betterment of her peers and the community at large. Prisha serves on the executive board for the Golden Bear Foundation and as President of the Danville Chapter. GPF is a charitable organization, founded by high school students, that helps provide care to economically disadvantaged persons through charitable giving. Prisha worked alongside other members to organize clothing and school supply drives for local families in need; and WHEREAS, Prisha supports other students at her high school by providing clarity and bringing them closer to their academic goals as a peer tutor. She provides a reassuring voice to students who start the year late, helping them catch up with their classmates. Prisha has also created a school club for lovers of tea and philosophy. Cleverly named Philosotea, members meet over lunch and are encouraged to sample new teas and discuss philosophical ideas, concepts, and media; and WHEREAS, outside of school, Prisha volunteers her time as part of the local library’s Teen Advisory Club. As a teen advisor, she works with library staff to develop teen programs, expand the young adult collections, and improve services the library can offer teens; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Prisha Purohit Youth Hall of Fame Awardee for Teamwork, and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia bustamante I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 26 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Prisha Purohit- Teamwork AGENDA ATTACHMENTS Resolution 2023/120 MINUTES ATTACHMENTS Signed Resolution No. 2023/120 In the matter of:Resolution No. 2023/119 recognizing Anay Pant 2023 Youth Hall of Fame Awardee for Leadership and Civic Engagement WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and WHEREAS, Anay Pant is an 11 th grade student at Athenian School in Danville, and from the start, it was abundantly clear that he had a keen interest in being engaged with his community. Anay has been involved in a host of activities in which he has eagerly volunteered for; and WHEREAS, It started on Election Day 2022 when Anay volunteered to be a poll watcher in Contra Costa County and his engagement only gained momentum since. With a keen interest in getting more young people tuned into what’s happening around them, he developed an app called Qrated, to keep his peers up to date on local events. Along with his app, Anay is planning a TEDx talk to promote the app to students around the Bay Area/ Additionally, he will be hosting a Youth TEDx forum at Athenian to encourage his young peers to lean into civic engagement at the local level; and WHEREAS, Anay is a natural leader amongst his peers and inspires others with his energy and tenacity to do good in his community; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Anay Pant Youth Hall of Fame Awardee for Leadership and Civic Engagement, and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante 510-331-5046 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 27 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Awards Anay Pant Leadership & Civic Engagement AGENDA ATTACHMENTS Resolution 2023/119 MINUTES ATTACHMENTS Signed Resolution No. 2023/119 In the matter of:Resolution No. 2023/111 recognizing Anayely Arreola Caldera as the 2023 Youth Hall of Fame Awardee for Perseverance WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and WHEREAS, Anayely has been described as a fighter, she has not had an easy path in her young life, through her encounters growing up she decided early on to see herself through adversity and was determined to become a success story, Anayely is in her senior year at Liberty High School in Brentwood and will be the first in her family to attend college; and WHEREAS, Anayely is also the first in her family to play a competitive sport, she runs track on Liberty High’s team and always looks forward to training, she continues to push herself to do her best when she's out on the track, for both her and her teammates. participating and playing a sport is truly a privilege not lost on Anayely and she recognizes that not all kids can do so, Anayely can often be found spending her extra time in school clubs and sports as she is working to help support herself through college with a track scholarship; and WHEREAS, in addition to her love for track, Ana’s favorite subject is English, her goal is to be a lawyer and she notes that the reading comprehension and critical thinking skills learned in English will be invaluable to her future career path, Anayely understands the power of being a role model to her younger sister, she strives to show her sister that you can achieve anything you set your mind to; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Anayely Arreola Caldera Youth Hall of Fame Awardee for Perseverance and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 28 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Anayely- Perserverance AGENDA ATTACHMENTS Resolution 2023/111 MINUTES ATTACHMENTS Signed Resolution No. 2023/111 In the matter of:Resolution No. 2023/118 recognizing Zihan Cherry Chou 2023 Youth Hall of Fame Rising Star Awardee for Teamwork WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and WHEREAS, Zihan Cherry Chou is an 8th grade honor student at Adams Middle School in Brentwood, she has been volunteering with NAMI Contra Costa for over 4 years and has been invaluable to their organization and the clients they serve, Cherry has a kind and gentle spirit and is always eager to assist where she can, She is a glowing example of the characteristics you hope to see in both youth and adults; and WHEREAS, Cherry is passionate about building mental health friendly communities and works to eliminate mental health stigma and discrimination, she is non-judgmental and recognizes love and compassion should be shown to those impacted by mental health challenges, Cherry is part of NAMI’s Outreach Team which provides services and supplies for those who are unsheltered, she helps distribute food, personal hygiene products, and aids with their pets as well; and WHEREAS, Cherry has been a presenter at NAMI Contra Costa Suicide Prevention events and advocates for youth mental health in all her activities, while Cherry is warm-hearted and a happy child, she has also experienced an emotionally trying time in her life, she immigrated from China to the United States with her parents when she was 7 years old, adapting to an unfamiliar environment, with language barriers and cultural differences was challenging, she experienced repeated bullying in elementary school, remaining optimistic, she got through this time in her life with bravery and strength. She doesn’t want others to experience what she did, so she makes it a point to welcome new students and takes initiative to introduce them to their new school; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Zihan Cherry Chou Youth Hall of Fame Rising Star Awardee for Teamwork, and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 29 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Zihan Cherry Chou Rising Star Teamwork AGENDA ATTACHMENTS Resolution 2023/118 MINUTES ATTACHMENTS Signed Resolution No. 2023/118 In the matter of:Resolution No. 2023/117 recognizing Aria Capelli 2023 Youth Hall of Fame Awardee for Good Samaritan WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and   WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and   WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and   WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and   WHEREAS, Aria is co-founder of a non-profit called Meaningful Teens which connects teens with volunteer opportunities where they can make a real difference, Meaningful Teens offers a literacy and math platform Aria created which has been a wonderment in this time of Covid-19. Her compassion to help the underserved and to lead a group of young people from diverse backgrounds to reach a common goal has been remarkable; and     WHEREAS, fueled by a passion to meet the needs of others, Aria saw opportunities in the distant learning modality even as others viewed its limitations, she recognized the hardships and life challenges that low-income families and immigrants face, being open-minded, she brought her vision of bringing literacy and math instruction over a Zoom one-to-one platform to reality by tutoring underserved students in low-income housing, immigrants, and refugee communities, to ensure the quality of the lessons, she recruited credentialed teachers to roam the breakout rooms, while Aria aided anyone in need of help, thus providing on-the-spot solutions to problems; and     WHEREAS, over the past three years Meaningful Teens has grown from a small project with four friends to a huge success with over 1,900 high school and college volunteer tutors from around the United States with almost 1,500 student-learners worldwide, as Meaningful Teens continues to expand and grow, Aria keeps the students, and their needs, at the forefront; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Aria Capelli 2023 Youth Hall of Fame Awardee for Good Samaritan, and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life.  ___________________ JOHN GIOIA Chair, District I Supervisor   ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor   ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor   I hereby certify that this is a true and correct copy of an action taken  and entered on the minutes of the Board of Supervisors on the date  shown.   ATTESTED:    April  4, 2023    Monica Nino, County Administrator   By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 30 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:2023 Youth Hall of Fame Aria Capelli Good Samaritan AGENDA ATTACHMENTS Resolution 2023/117 MINUTES ATTACHMENTS Signed Resolution No. 2023/117 In the matter of:Resolution No. 2023/116 recognizing Carter Considine as the 2023 Youth Hall of FameRising Star Awardee for Leadership Civic Engagement WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and   WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and  WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and  WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and   WHEREAS, Carter Considine is a s 9th grade student from Lafayette and has started three organizations with helping the community in mind, Teen Art Market, Meaningful Teen, and Humon; and     WHEREAS, When Carter started Teen Art Market, it was inspired by local youth artists needing to promote their work, Teen Art Market is an online platform that allows teen artists to share their work and connect directly with art enthusiasts, buyers, and other artists; and     WHEREAS, Carter also co-founded an online nonprofit called Meaningful Teens during the pandemic. Unable to continue the weekly in-person ELL tutoring program at the senior center in Walnut Creek, it became virtual, since then, the program includes 1,800 + youth tutors and 800+ students, many of the tutors are based in Contra Costa County, tutors are paired up with other non-profits, educational institution serving low-income communities increasing their footprint and positively impacting the lives of many other young people; and     WHEREAS. Carter is starting an app, Humon, linking people with different perspectives to come into community by identifying commonalities, this app works with a wrist device that lights up when people nearby have certain commonalities, expected to be available on the Apple app store very soon; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Carter Considine Youth Hall of Fame Rising Star Awardee for Leadership Civic Engagement, and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life.  ___________________ JOHN GIOIA Chair, District I Supervisor   ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor   ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor   I hereby certify that this is a true and correct copy of an action taken  and entered on the minutes of the Board of Supervisors on the date  shown.   ATTESTED:    April  4, 2023    Monica Nino, County Administrator   By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 31 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Carter Considine Rising Star Leadership Civic Engagement AGENDA ATTACHMENTS Resolution 2023/116 MINUTES ATTACHMENTS Signed Resolution No. 2023/116 In the matter of:Resolution No. 2023/115 recognizing Gianna Baglieri as the 2023 Youth Hall of Fame Rising Star Awardee for Good Samaritan WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and WHEREAS, Gianna is a 3rd grade student at Rio Vista Elementary, according to those who know her, Gianna demonstrates excellent problem-solving skills and leadership for such a young age, and WHEREAS, she is a kind friend and cares for others, she befriends new students, so they won’t feel alone, and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Gianna Baglieri Youth Hall of Fame Rising Star Awardee for Good Samaritan, and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 32 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Gianna Baglieri Rising Star Good Samaritan AGENDA ATTACHMENTS Resolution 2023/115 MINUTES ATTACHMENTS Signed Resolution No. 2023/115 In the matter of:Resolution No. 2023/114 recognizing Jered E. Clark as the 2023 Youth Hall of Fame Rising Star Awardee for Perseverance WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and WHEREAS, Jered Clark currently attends Black Diamond Middle School in Antioch where he holds a 4.0 GPA and will be graduating with his 8th grade class at the end of this school year, he is a self-motivated person who is determined, outgoing, intelligent, and a stand-up scholar, he takes initiative to work on his assignments as well as his extracurricular activities which include volunteering with local nonprofits and playing volleyball; and WHEREAS, Jered tragically lost his parents to domestic violence at a very young age and he entered the foster care system, today he faces obstacles head on, remains focused and determined to overcome barriers, his perseverance at just 14 years old clearly shows he has a bright future ahead of him; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Jered E. Clark Youth Hall of Fame Rising Star Awardee for Perseverance, and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 33 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Awards Jered Clark Rising Star Perseverance AGENDA ATTACHMENTS Resolution 2023/114 MINUTES ATTACHMENTS Signed Resolution No. 2023/114 In the matter of:Resolution No. 2023/113 In the matter of recognizing Makenzie Lee Foster as the 2023 Youth Hall of Fame Rising Star Awardee for Volunteerism WHEREAS, every March, the Contra Costa County Board of Supervisors hosts a celebration in honor of César E. Chávez in recognition of his commitment to social justice and respect for human dignity; and WHEREAS, this year's theme is Hope and Healing, Esperanza y Bienestar; and WHEREAS, we take this opportunity to share stories of local students who are working hard to move us forward and improve the lives of others; and WHEREAS, we recognize these students with the Youth Hall of Fame Awards during the celebration for their contributions to our community and in the spirit of one of our country’s most treasured activists: César E. Chávez; and WHEREAS, Makenzie is a homeschooled straight A 6th grade student who balances her school time with acting, writing books, and volunteering to read books to others; and WHEREAS, Makenzie has written three books, two of which have been published and available on Amazon, she embodies what she writes about in her books; Kickin’ it With Kenzie – What’s Meant for Me Will Be, Kickin’ it with Kenzie – Luckily My Luck is Me! And Seeing Me is Believing in Me!; and WHEREAS, Makenzie has partnered with First 5 of California and has visited over 20 classrooms as well as UCSF Children’s Hospital, she visits with the children and reads her books to them, sharing how important it is to foster a love of reading and encouraging them to follow their dreams, with each visit, she donates copies of her book along with mini bookmarks, and encourages kids to create their own stories; and NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Makenzie Lee Foster Youth Hall of Fame Rising Star Awardee for Volunteerism, and for exemplifying the values of service, integrity, kindness, activism, and leadership that César Chávez embodied through his life. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante (510)409-3004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 34 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:Youth Hall of Fame Rising Star Makenzie Lee Foster AGENDA ATTACHMENTS Resolution 2023/113 MINUTES ATTACHMENTS Signed Resolution No. 2023/113 In the matter of:Resolution No. 2023/132 Proclaiming April 2023 as Child Abuse Prevention Month WHEREAS, child abuse and neglect affect children of all ages, races, and income, and finding solutions requires input and action from everyone; and WHEREAS, child abuse can have significant long-term psychological, emotional, and physical effects that have lasting consequences for the child and family, as well as the community and society at large; and WHEREAS, child abuse is preventable and our children are our most valuable resources who will shape the future of Contra Costa County, therefore it is our responsibility to ensure that our children can grow up in safe and healthy environments; and WHEREAS, in 2021, the cumulative financial impact to Contra Costa County for the 678 verified survivors of child maltreatment is $326,000,000 based on costs that include intervention, foster care and counseling services, special education, criminal justice, healthcare, and lifetime productivity; and WHEREAS, in Contra Costa County, the Child Abuse Prevention Council (CAPC) and Child Protective Services (CPS), a program of Children & Family Services within the Employment & Human Services Department, collaborate to continue protecting children through preventive services, response, intervention, and investigation; and WHEREAS, effective child abuse prevention activities succeed because of the partnerships between child welfare professionals, education, health, community- and faith-based organizations, businesses, law enforcement agencies, and families; and WHEREAS, in Contra Costa County there are numerous committed agencies, parents, relatives, community volunteers, public policymakers and professionals who collaborate to eliminate child abuse and give our children hope, security and safety; and WHEREAS, we understand that prevention is the best defense and we must continue working together as a community to increase awareness about child abuse and WHEREAS, Contra Costa County and local partner organizations support a movement led by Safe and Sound and The Greater Bay Area Child Abuse Prevention Council Coalition. The effort outlines a path from our current system of mandated reporters to one of community supporters who nurture strong family connections, keep children safely with their families, and protect children and families by promoting social and emotional well-being. NOW, THEREFORE, the Contra Costa County Board of Supervisors does hereby proclaim April 2023 as Child Abuse Prevention Month and urges all community members to dedicate themselves to improving the quality of life for all children and families, and to preventing child abuse in Contra Costa County. ___________________ JOHN GIOIA Chair, District I Supervisor ______________________________________ CANDACE ANDERSEN DIANE BURGIS District II Supervisor District III Supervisor ______________________________________ KEN CARLSON FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tish Gallegos 8-4808 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 35 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:Proclaim April 2023 as Child Abuse Prevention Month AGENDA ATTACHMENTS Resolution 2023/132 MINUTES ATTACHMENTS Signed Resolution No. 2023/132 1 CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT FINDINGS IN SUPPORT OF ORDINANCE 2023-07 Ordinance No. 2023-07 adopts fuel mitigation and exterior hazard abatement standards in all State Responsibility and Local Responsibility Areas in the Contra Costa County and Crockett-Carquinez Fire Protection District territories, requires documentation of compliance with such standards prior to sale of any property, and adopts requirements for fuel breaks on parcels in all State Responsibility and Local Responsibility Areas in the Contra Costa County and Crockett-Carquinez Fire Protection District territories. 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 standards contained in Ordinance No. 2023-07 are reasonably necessary because of certain local climatic, geological, and topographic conditions, and because of the absence of fuel break standards as required by the Public Resources Code, 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 2 (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 3 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 4 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 5 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. 6 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. Fuel Breaks (a) Public Resources Code Section 4290, adopted in 1987, requires the Board of Forestry and Fire Prevention (“the Board of Forestry”) to adopt regulations implementing minimum fire safety standards in State Responsibility Areas, including regulations requiring fuel breaks, green belts, and signs for identifying streets, roads, and buildings. In 2018 the Legislature amended Section 4290 to require that the regulations also apply to areas within Local Responsibility Areas classified as very high fire hazard severity zones. Sect ion 4290(c) provides that such regulations will not supersede more restrictive local regulations that equal or exceed the state regulations. (b) In accordance with Public Resources Code Section 4290, the Board of Forestry has adopted regulations setting some of the requisite minimum fire safety. These regulations, established in the California Code of Regulations, Title14, Sections 1270.00-1276.04 (“the Fire Safe Regulations”), do not include standards for fuel breaks as specifically mandated by Public Resource Code Section 4290(b), which states that the Board of Forestry shall, on and after July 21, 2021: Periodically update regulations for fuel breaks and greenbelts near communities to provide greater fire safety for the perimeters to all residential, commercial, and industrial building construction within state responsibility areas and lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code, after July 1, 2021. To date, no such regulations have been provided. (c) Fuel breaks are a critical tool intended to reduce fire spread rates and intensity to allow the timely containment of wildfire. By interrupting the continuity of the fuel beds through which fire spreads, their presence decreases the potential for small fires spreading to the lands of another and slows the rate at which large fires travel, buying time for orderly evacuations and the aggregation of an effective firefighting response for the protection of lives and structures. (d) On October 27, 2021, the California Department of Forestry and Fire Protection (CAL FIRE) delegated to the Contra Costa County Fire Protection District and the Crockett - 7 Carquinez Fire Protection District the authority to inspect and enforce the Fire Safe Regulations promulgated under Section 4290. These standards for fuel breaks are consistent with that delegation and with the provisions of Public Resources Code Sections 4117 and 4290(c). (e) Pursuant to Section 4117 of the Public Resources Code, which provides that fire prevention districts may adopt ordinances providing fire prevention regulations that are necessary “to meet local conditions of weather, vegetation, or other fire hazards,” the Board of Directors finds that the fuel break standards in this Ordinance are necessary in light of the fire hazards created by the above local conditions. ORDINANCE NO. 2023-07 1 ORDINANCE NO. 2023-07 AN ORDINANCE OF THE COUNTY OF CONTRA COSTA, THE CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT, AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, ESTABLISHING FUEL MITIGATION AND EXTERIOR HAZARD ABATEMENT (DEFENSIBLE SPACE), REQUIRING DOCUMENTATION OF COMPLIANCE PRIOR TO SALE OF THE PROPERTY, AND ADOPTING REQUIREMENTS FOR FUEL BREAKS ON PARCELS WITHIN THE FIRE DISTRICTS. The Contra Costa County Board of Supervisors, as the Board of Supervisors for Contra Costa County and as the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, ordains as follows: SECTION 1. AUTHORITY AND APPLICABILITY. (a) This ordinance is authorized by state statutes and regulations, including but not limited to Public Resources Code Sections 4117, 4290 and 5561.5; Health and Safety Code Sections 13801, 13804, 13861, 13862, and 13870; Government Code Section 51175; Title 14, California Code of Regulations, Section 1270.04; Title 19, California Code of Regulations, Section 1.07; and Title 24, Part 9, California Code of Regulations, Chapter 49. (b) This ordinance applies in all territory within the Contra Costa County Fire Protection District and Crockett-Carquinez Fire Protection District that has been classified as a Local Responsibility Area. This ordinance also applies to all structures in a State Responsibility Area located within the Contra Costa County Fire Protection District and Crockett- Carquinez Fire Protection District, pursuant to Health and Safety Code Section 13811. SECTION 2. DEFINITIONS 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. COST OF ABATEMENT. Includes all expenses incurred by the Fire District in its work of abatement and administrative costs. DEFENSIBLE SPACE. The areas, including Zone 0, Zone 1, and Zone 2, extending 100 feet from any Structure. 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, public right of way, private street, driveway, parking lot lane, and access road. FIRE CODE OFFICIAL. The Fire Chief or their duly authorized representatives. ORDINANCE NO. 2023-07 2 FIRE DISTRICT. The Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District. FIRE HAZARD. Any condition, arrangement, or act that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or that may obstruct, delay, or hinder, or may become the cause of obstruction, delay, or hindrance, to the prevention, suppression, or extinguishment of fire. FUEL BREAK. A strategically located block or strip of land on which a cover of dense, heavy, or hazardous vegetation has been removed or modified to create lower fuel volume or reduced combustibility as an aid to fire control. HAZARDOUS VEGETATION. Vegetation that is combustible and endangers the public safety by creating a Fire Hazard, including but not limited to bark, mulch, seasonal and recurrent grasses, weeds, stubble, non-irrigated brush, dry leaves, dry needles, dead, dying, and diseased trees, or any other vegetation identified by the Fire Code Official. 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. LOCAL RESPONSIBILITY AREA. An area that is not a State Responsibility Area or federal property, and where the responsibility for preventing and suppressing fires is primarily the responsibility of the Fire District. MODIFICATION. Where there are practical difficulties involved in carrying out the provisions of this Ordinance, the Fire Code Official, shall have the authority to grant Modifications for individual cases, provided that the Fire Code Official shall first find that special individual reasons make the strict letter of this Ordinance impractical and that the Modification is in compliance with the intent and purpose of this Ordinance. The details of actions granting a Modification shall be recorded and entered in the files of the Fire District. OUTBUILDING. Buildings or Structures that are less than one hundred-twenty square feet in size and are not used for human habitation, and buildings or Structures with a roof but no walls. PARCEL. A portion of real property of any size, which may be identified by an Assessor’s Parcel Number, the area of which is determined by the legal lot of record. PERSON. Includes any agency of the state, and any county, city, special district, or other local public agency, and any individual, firm, association, partnership, business trust, corporation, nonprofit corporation, limited liability company, or company. RUBBISH. Waste matter, litter, trash, refuse, and debris on streets or private property in the ORDINANCE NO. 2023-07 3 jurisdiction which is, or dry when they become, a fire hazard. STATE RESPONSIBLIITY AREA. An area of the state identified by the Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4125 where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the state. STREETS. Includes alleys, parkways, driveways, highways, private roads, public roads, trails and fire trails. STRUCTURE. A building that has walls and a roof and an area of 120 square feet or greater. 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: (a) Weeds that bear seeds of a fluffy nature or are subject to flight. (b) Sagebrush, Chaparral (including Chamise, Coyote Brush/Greaswood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire hazard to adjacent improved property. (c) Weeds that are otherwise noxious or dangerous (d) Poison oak and poison sumac when the conditions of growth constitute a menace to public health. (e) Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard. ZONE 0. Referred to as the Ember-resistant Zone or Home Ignition Zone, it extends from 0 to five feet from any Structure, attached deck, or Outbuilding on the Parcel. Zone 0 requires the most stringent wildfire fuel reduction. This Ember-resistant Zone is designed to ensure that fire or embers from igniting materials cannot spread to the Structure. ZONE 1. Referred to as the Lean, Clean, and Green Zone, it extends from five feet to 30 feet from any Structure or attached deck, or from 5 feet from the Structure or attached deck to the property line, whichever is closer. ZONE 2. Referred to as the Reduced Fuel Zone, it extends from 30 feet to 100 feet from any Structure or attached deck, or from 30 feet from the Structure or attached deck to the property line, whichever is closer. ORDINANCE NO. 2023-07 4 SECTION 3. FUEL MITIGATION AND EXTERIOR HAZARD ABATEMENT (DEFENSIBLE SPACE) STANDARDS. (a) Prohibition. No Person who has any ownership or possessory interest in or control of a Parcel within any State Responsibility Area or Local Responsibility Area within the Fire District shall allow to exist thereon any Hazardous Vegetation or Combustible Material that constitutes a Fire Hazard as determined by the Fire Code Official. (b) Defensible Space for Structures and Attached Decks. All Persons who have any ownership or possessory interest in or control of any Parcel within the Fire District shall maintain Defensible Space adjacent to all Structures and attached decks on the Parcel in accordance with California Code of Regulations, Title 14, Section 1299.03, and in accordance with Public Resources Code Section 4291. (c) Defensible Space for Outbuildings. All Persons who have any ownership or possessory interest in or control of any Parcel within the Fire District shall comply with the Defensible Space requirements of Section (b), above, with respect to any Outbuildings on the Parcel that are within 100 feet of a Structure or attached deck on the Parcel. (d) Roadside Vegetation. All Persons who have any ownership or possessory interest in or control of any Parcel within the Fire District that abuts a Fire Apparatus Access Road shall: (1) Remove all Hazardous Vegetation that is within ten feet, measured horizontally, from the paved edge of the Fire Apparatus Access Road. (2) Ensure that all portions of any tree overhanging a Fire Apparatus Access Road has at least 13 feet-6 inches, measured vertically, of clearance from the roadway surface. (e) Fences. No Person who has any ownership or possessory interest in or control of any Parcel within the Fire District shall construct or allow to be constructed or placed on the Parcel any screen, fence or other Structure made, in whole or in part, of bark, mulch, or wood chips within 100 feet of a Structure or within 10 feet of the paved edge of a Fire Apparatus Access Road. (f) Environmental Concerns. Compliance with the fuel mitigation requirements of this Ordinance shall not result in the taking of endangered, rare, or threatened plant or animal species, significant erosion, or sedimentation of surface waters. When these or other conditions make it impractical to comply with the fuel mitigation requirements, the person who owns, leases, or controls the Parcel or Parcels shall request that the Fire Code Official grant a modification of the requirements. SECTION 4. SALE OR TRANSFER OF PROPERTY. Before the close of escrow on the sale of any Parcel within the Fire District, the seller shall provide to the buyer documentation from the Fire Code Official stating that the property is ORDINANCE NO. 2023-07 5 currently in compliance with the fuel mitigation requirements of this ordinance. The Fire Code Official shall have the discretion to accept alternate means and measures to achieve compliance if completion of the required work will delay the sale or transfer of the property. SECTION 5. FUEL BREAKS. (a) Fuel Break Requirement. To reduce the risk of uncontrolled wildfire, Fuel Breaks are required on all Parcels in the Fire District. A Fuel Break requires the removal or modification of fuel, maintained on an annual basis by June 1 of each year, or on a recurring basis as determined by the Fire Code Official, in a manner that will prevent the transmission of fire. (b) Fuel Break Standards. A person who owns, leases, or controls one or more Parcels within the Fire District shall comply with following fuel break standards for each Parcel. (1) Parcels of Five Acres or Less. The Parcel shall be maintained in accordance with the following requirements: (A) Annual grasses and weeds shall be maintained at a height of no more than 3 inches. Weeds and grasses must be mowed, with material mulched and scattered or raked and bagged, and removed from the property, or disced. All discing work, including discing to establish fuel breaks, shall be completed so that all weeds, grasses, crops and other vegetation or organic material, which could be expected to burn, shall be completely turned under to the point that there is not sufficient exposed fuel to maintain or allow the spread of fire. Parcels may require additional abatement during the season due to the regrowth of weeds and other flammable vegetation. (B) All Hazardous Vegetation shall be removed. (C) All non-irrigated brush shall be removed. (D) All Combustible Material shall be removed. (E) All dead, diseased, or dying trees within 100 feet of an occupied structure shall be removed. (F) All Ladder Fuel(s) shall be removed from trees so that foliage, twigs, or branches are a minimum of six feet above the ground, or higher based on site and slope conditions. (2) Parcels Greater Than Five Acres. The Parcel shall be maintained with 30-foot fuelbreaks and 15-foot crossbreaks. Fuelbreaks and crossbreaks are a continuous strip of disced or dozed ground following as closely as possible to the property line, and along one side of all fencelines, ditches, and on top of all ridgelines. Crossbreaks ORDINANCE NO. 2023-07 6 should divide the parcel into approximately five-acre sections. Fencelines may require handmowing or weedeating to ensure completion of fuelbreak. When terrain is too steep or rugged for a tractor, a handmowed fuelbreak may be required. All cut material must be mulched and scattered or raked, bagged and removed from parcel. Where 30-foot fuelbreaks are required, they shall be provided around all structures, combustible storage, trees, shrubs and brush, along ridgelines, fencelines, ditches, and along the sides of, but not in, creeks. (3) All Parcels. (A) Fuelbreaks along roadways are required as part of the property line. Road right- of-ways shall be cleared to a minimum of 10 feet horizontally from the edge of driving surface and 13 feet-6 inches vertically. (B) Active pastureland shall be provided with 15-foot wide fuelbreaks and crossbreaks if a sufficient number of animals are present to steadily reduce height of grasses during the summer months to 3 inches or less by the end of August, irrespective of parcel size. If this requirement cannot be met, 30-foot fuelbreaks and crossbreaks shall be required. (C) Active cropland shall be provided with 15-foot fuelbreaks or crossbreaks if the crop is to be harvested by mid-June. If there is to be a later harvest, 30-foot fuelbreaks shall be required. (D) Orchards are to be maintained by complete abatement, including grasses under tree branches. This may require pruning of lower branches to allow equipment access. (E) Tree litter (eucalyptus leaves and bark, coniferous needles, leaves, fallen branches, etc.) shall be removed from the base of trees, tree stems, and limbs within 6 feet of the ground and maintained throughout the fire season. (F) All debris, rubble, junk, piles of dirt, and other obstructions, that would obstruct or impede vehicles or equipment used for abatement work or fire suppression operations, must be removed. (G) If the Fire Code Official requires mowed fuelbreaks and crossbreaks, mowed fuelbreaks shall be 60 feet wide and mowed crossbreaks shall be 30 feet wide. (c) Multiple contiguous Parcels owned by the same Person may be treated as a single Parcel, upon request of the owner, lessee or Person in control of the Parcel and with the approval of the Fire Code Official, if a Fuel Break is provided based on the size of the combined Parcels. (d) Environmental Concerns. Creation of Fuel Breaks shall not result in the taking of ORDINANCE NO. 2023-07 7 endangered, rare, or threatened plant or animal species, significant erosion, or sedimentation of surface waters. When these or other conditions make it impractical to create and maintain a required Fuel Break, the person who owns, leases, or controls the Parcel or Parcels shall request a Modification of the Fuel Break requirement. SECTION 6. ABATEMENT OF EXTERIOR FIRE HAZARDS (a) Exterior Fire Hazard Control – General. (1) Jurisdictional Authority. The Board of Directors, as the supervising, legislative, and executive authority of the jurisdiction, hereby delegates to the Board of Fire Commissioners of the jurisdiction all its powers, duties, and rights to act pursuant to Part 5 (commencing with Section 14875), Division 12, of the Health and Safety Code (“Part 5”), to clear or order the clearing of rubbish, litter, or other flammable material where such flammable material endangers the public the safety by creating a fire hazard. Fire hazard abatement will be conducted in accordance with the provisions of Part 5 and this ordinance. (2) Retention of Jurisdictional Authority. If no Board of Fire Commissioners has been appointed for the jurisdiction, then the Board of Directors retains its powers and rights to act pursuant to Part 5. (3) Contract for Services. The Board of Directors reserves and retains the power to award a contract for fire hazard abatement work, (4) Public Nuisance. The Board hereby declares that all fire hazards, including weeds growing upon private property or streets and all rubbish on private property, easements or streets in the Fire District, are public nuisances. (b) Fire Hazard Abatement. (1) Prohibition. No person who has any ownership or possessory interest in or control of parcel of land shall allow to exist thereon any hazardous rubbish, weeds, trees, or other vegetation that constitutes a fire hazard. Destruction by burning within this jurisdiction is unlawful unless the written permission of the fire chief is first obtained, and all other applicable permits are obtained from appropriate governing agencies or jurisdictions. (2) Specific Requirements. The Fire District may develop additional abatement standards for land in residential, rural and/or rural residential, business, industrial areas, or land which is unused or vacant. These standards may be modified periodically as circumstances dictate. (3) Clearance of Weeds from Streets. The Fire Code Official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of streets which are improved, designed, or ordinarily used for vehicular traffic to be cleared of ORDINANCE NO. 2023-07 8 flammable vegetation and other combustible growth. The Fire Code Official is authorized to enter upon private property to do so, to the extent allowed by law. (c) Abatement Procedures. (1) Abatement Order. The Fire Code Official may order the abatement of a fire hazard. On making the order, the Fire Code Official will mail a copy of a notice to the owners of the affected property as their names and addresses appear upon the last county equalized assessment roll, or as their names and addresses are known to the fire code official. As an alternative to mailing, the notice may be posted upon the affected property and published in the jurisdiction, not less than 15 days prior to the date of the abatement hearing. Copies of the notice will be headed with the words "Notice to Abate Fire Hazard" in letters at least one inch high. The notice will be in substantially the following form: NOTICE TO ABATE FIRE HAZARD You are hereby notified that (describe condition, e.g., weeds and rubbish) constitute a fire hazard on the following described property owned by you: (Describe property by common street designation, by metes and bounds, Assessor's code area and parcel number, or by reference to attached map). You must remove the (describe condition, e.g., weeds and rubbish) within fifteen (15) days from the date of this notice. If you fail to do so, the (jurisdiction) Fire Protection District will remove it, and the cost of the abatement, including administrative costs, will be collected as property taxes and will be a lien on your property until paid. You are further notified that the Board of Directors has declared that (describe condition, e.g., weeds and rubbish) constitute a public nuisance. You may appear before the Board of Fire Commissioners on (time and date) at (place- room, street, address, and city) to show cause why this order should not be enforced. (Signed): (Name of fire code official of name of jurisdiction) (2) Hearing Date. A date for hearing on the notice will be sent at least 15 days after the date of the notice. The date of the notice is the date on which the notice is placed in the United States mail or the date on which it is posted on the property. At the ORDINANCE NO. 2023-07 9 hearing, the property owner or his agent may appear to show cause why the order should not be enforced. For good cause shown, the Board of Fire Commissioners may extend the time for compliance with the order or may rescind the order. (3) Contract Award. If the owner fails to comply with the order, the Fire Code Official may have the (describe condition, e.g., weeds and rubbish) abated either by employees of this jurisdiction or by contract. If a contract is awarded, it will be by public bid, awarded to the lowest responsible bidder. A contract may include work on more than one parcel. Concerning any contract previously awarded as provided in this subsection and that has been fully extended as provided in that contract, it may thereafter be extended on its same terms and conditions for a further period (not to exceed one year) by agreement of the Board of Directors and the involved contractor. (4) Abatement Report of Costs. The Fire Code Official or his or her designee abating the nuisance will keep an account of the cost of abatement in front of or on each separate parcel of land and will render an itemized report in writing to the Board of Fire Commissioners showing the cost of removing the weeds and rubbish on or in front of each separate lot or parcel of land, or both. Before the report is submitted to the Board of Fire Commissioners, a copy of it will be posted for at least three days on or near the chamber door of the Board with a notice of the time and when the report will be submitted to the Board for confirmation. At the time fixed for receiving and considering the report, the Board of Fire Commissioners will hear it and any objections of any of the property owners liable to be assessed for the work of abatement. Thereupon, the Board of Fire Commissioners may make such modifications in the report as it deems necessary, after which the report will be confirmed. The amount of the cost, including administrative costs, of abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed will constitute special assessment against the respective parcels of land, and are a lien on the property for the amount of the respective assessments. The lien attaches upon recordation, in the office of the County Recorder, of a certified copy of the Resolution of Confirmation. (5) Cost Assessments. Upon confirmation of the report of cost by the Board of Fire Commissioners and the recordation of the Resolution of Confirmation, a copy of the report of cost will be sent to the County Auditor, who will enter the amount of the assessments against the parcels. Thereafter the amount of the assessments will be collected at the same time and in the same way as County taxes are collected. The owners are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to these assessment taxes. (6) Alternate Mitigation. In lieu of ordering abatement, the Fire Code Official may order the preparation of firebreaks and fuelbreaks around parcels of property where combustible weeds, crops, or brush are present. In determining the proper width for firebreaks and fuelbreaks, the Fire Code Official will consider the height of the ORDINANCE NO. 2023-07 10 growth, weather condition, topography, and the accessibility to the property for fire protection equipment. The procedures set forth above for the abatement of weeds and rubbish apply to the preparation of firebreaks and fuelbreaks. SECTION 7. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance as adopted 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 8. MORE RESTRICTIVE REQUIREMENTS. If requirements more restrictive than those in this ordinance are adopted by a city, those requirements will apply only within the jurisdiction adopting those requirements. SECTION 9. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County, 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, ADOPT Ordinance No. 2023-07, establishing fuel mitigation and exterior hazard abatement standards in all state and local responsibility areas within Contra Costa County, the Contra Costa County Fire Protection District, and the Crockett-Carquinez Fire Protection District; requiring documentation of compliance prior to sales of the property; adopting fuel breaks on parcels in both the state responsibility and local responsibility areas within the fire districts; and adopting findings of fact. (Cost neutral) FISCAL IMPACT: The fiscal impact is neutral. The adoption of this Ordinance will provide the administrative authority to enforce the provisions of the Ordinance. BACKGROUND: The California Building Standards Commission adopted and published the 2022 Building Standards Code, which included the 2022 California Fire Code prepared and adopted by the State Fire Marshal. The statewide code became effective January 1, 2023. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 36 To:Board of Supervisors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:April 4, 2023 Contra Costa County Subject:Adopt Ordinance 2023-07 to Establish Fuel Mitigation and Exterior Hazard Abatement Standards BACKGROUND: (CONT'D) Ordinance 2022-34 adopted the 2022 California Fire Code with amendments to address local conditions. However, Ordinance 2022-34 did not include standards for exterior hazard abatement or defensible space requirements and inspections. Ordinance 2022-07 addresses those matters. Ordinance 2023-07 was introduced at the March 21, 2023 meeting of the Board of Supervisors; reading was waived; and the date of April 4, 2023 was fixed for adoption. CONSEQUENCE OF NEGATIVE ACTION: Without the adoption of Ordinance 2023-07, the Fire District will not have the legal authority to enforce the fuel mitigation and exterior hazard abatement standards outlined in the Ordinance. AGENDA ATTACHMENTS Ordinance 2023-07 Findings in support of Ordinance No. 2023-07 MINUTES ATTACHMENTS Signed Ordinance No. 2023-07 RECOMMENDATION(S): APPOINT Norman Cohen to the District 3 Alternate seat on the Sustainability Commission to a term expiring March 31, 2025, as recommended by Supervisor Burgis. FISCAL IMPACT: None. BACKGROUND: The seat is currently vacant. Applications were accepted and the recommendation to appoint the above individual was then determined. CONSEQUENCE OF NEGATIVE ACTION: The seat would remain vacant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 37 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:April 4, 2023 Contra Costa County Subject:APPOINTMENT TO THE SUSTAINABILITY COMMISSION CLERK'S ADDENDUM Speaker: Caller 1. RECOMMENDATION(S): DECLARE vacant the District 3, Seat 3 on the Mental Health Commission previously held by Douglas Dunn due to resignation, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Burgis. FISCAL IMPACT: None. BACKGROUND: Mr. Dunn notified the District Office of his resignation to the Mental Health Commission effective immediately. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 38 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:April 4, 2023 Contra Costa County Subject:VACANCY ON MENTAL HEALTH COMMISSION CLERK'S ADDENDUM Speaker: Caller 1. RECOMMENDATION(S): REAPPOINT Odessa LeFrancois to the District 3, Seat 1 on the Measure X Community Advisory Board to a term expiring March 31, 2025, as recommended by Supervisor Burgis. FISCAL IMPACT: None. BACKGROUND: The Measure X Community Advisory Board was established by the Board of Supervisors on February 2, 2021 to advise the Board of Supervisors on the use of Measure X transactions and use tax funds. CONSEQUENCE OF NEGATIVE ACTION: The seat would remain vacant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 39 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:April 4, 2023 Contra Costa County Subject:REAPPOINTMENT TO THE MEASURE X COMMUNITY ADVISORY BODY CLERK'S ADDENDUM Speaker: Caller 1. RECOMMENDATION(S): REAPPOINT Brett J. Morris to the District IV Seat on the Fish and Wildlife Committee to a term ending on 2/28/2027, as recommended by Supervisor Ken Carlson. Brett J. Morris Walnut Creek, CA FISCAL IMPACT: None BACKGROUND: The Fish and Wildlife Committee advises the Board of Supervisors on fish and wildlife issues in Contra Costa County and makes recommendations to the Board of Supervisors for the expenditure of funds from the Fish and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Alejandra Sanchez, (925) 655- 2350 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 40 To:Board of Supervisors From:Ken Carlson Date:April 4, 2023 Contra Costa County Subject:REAPPOINT Brett J. Morris to the District IV Seat on the Fish and Wildlife Committee BACKGROUND: (CONT'D) Wildlife Propagation Fund pursuant to Fish and Game Code Section 13103. The committee addresses issues surrounding the enforcement of fish and game laws and regulations in the County. The committee considers other issues which may from time to time be referred to the Committee by the Board of Supervisors. The committee consists of ten members. One appointed by each Supervisor, four appointed by the Internal Operations Committee, and one alternate. The alternate can sit and vote for any At-large seat on the Committee. If a vacancy occurs, the alternate automatically assumes the At-large seat that is vacant. CONSEQUENCE OF NEGATIVE ACTION: Seat will become vacant. CHILDREN'S IMPACT STATEMENT: None CLERK'S ADDENDUM Speaker: Caller 1. RECOMMENDATION(S): Appoint Andrei N. Obolenskiy to the District IV Seat on the Iron Horse Corridor Management Advisory Committee, with a four year term expiring on January 1, 2027, as recommended by Supervisor Ken Carlson. Andrei N. Obolenskiy Pleasant Hill, CA 94523 FISCAL IMPACT: None BACKGROUND: The Iron Horse Corridor Management Advisory Committee was authorized by the Board of Supervisors on July 22, 1997. It was established to assist Contra Costa County in developing a management program for the Iron Horse Corridor. In October of 2000, the Board expanded the Advisory Committee's role to continue implementation and monitoring of the Landscape Element of the Management Program and to assist in completion of the Joint Use Criteria and Standards, Public Information, and Finance elements of the Management program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Manny Bowlby 925-655-2350 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 41 To:Board of Supervisors From:Ken Carlson Date:April 4, 2023 Contra Costa County Subject:Appoint Andrei N. Obolenskiy to the District IV Seat on the Iron Horse Corridor Management Advisory Committee BACKGROUND: (CONT'D) Advisory Committee seats include one representative from each jurisdiction or unincorporated community along the corridor, a District II seat, a District IV seat, and a seat for the East Bay Regional Park District. CONSEQUENCE OF NEGATIVE ACTION: There will be a vacancy on the Iron Horse Corridor Management Advisory Committee. CHILDREN'S IMPACT STATEMENT: None CLERK'S ADDENDUM Speaker: Caller 1. RECOMMENDATION(S): ACCEPT resignations, DECLARE vacant the following Alcohol and Other Drugs Advisory Board seats: At-Large 1 Seat previously held by Jonathan Ciampi; At-Large 2 Seat previously held by Victor Ortiz; At-Large Alternate #1 Seat previously held by Mark Howard; At-Large Alternate #2 Seat previously held by Candace “CiCi” Cowing and; DIRECT the Clerk of the Board to post the vacancies, as recommended by the Health Services Director. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The Alcohol and Other Drugs Advisory Board’s mission is to identify needs in the community with regards to substance use prevention or treatment. The findings and recommendations are provided to the Board of Supervisors, the Health Services Department, Behavioral Health Division and the Alcohol and Other Drugs Services (AODS) Administration. The Board is comprised by five (5) supervisorial district seats, six (6) At- Large APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Fatima Matal Sol, (925) 335-3307 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 42 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Declare Vacancies on the Alcohol and Other Drugs Advisory Board BACKGROUND: (CONT'D) Member Seats and three (3) At- Large Alternate Seats. The At-Large 1 Seat is scheduled to expire June 30, 2023. The At-Large 2 Seat, At-Large Member- Alternate #1 Seat and At-Large Alternate #2 Seat are scheduled to expire June 30, 2024. Mr. Ciampi, Mr. Ortiz, Mr. Howard, and Ms. Cowing all resigned due to personal related reasons. CONSEQUENCE OF NEGATIVE ACTION: The seats will remain unfilled, it will be more difficult for the Board to achieve a quorum and the diversity of viewpoints in Board deliberations will be diminished CLERK'S ADDENDUM Speaker: Caller 1. ATTACHMENTS RECOMMENDATION(S): 1. APPOINT Thomas L. Geiger as County Counsel of Contra Costa County at Step 5 of the salary range, including all benefits as provided in the current Management Resolution that apply to the position of County Counsel, pursuant to Government Code sections 27640 and 27641, effective April 4, 2023. 2. WAIVE the requirement of Government Code section 24001 for the appointment. FISCAL IMPACT: The estimated annual County cost for the position of County Counsel is $484,000 of which $102,000 is pension costs. All costs are budgeted in the General Fund within the County Counsel's Office operating budget. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Strobel (925) 655-2058 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 43 To:Board of Supervisors From:Monica Nino, County Administrator Date:April 4, 2023 Contra Costa County Subject:APPOINT Thomas L. Geiger as County Counsel BACKGROUND: This action appoints Thomas L. Geiger to a four-year term as County Counsel, as provided in Government Code sections 27640 and 27641. Mr. Geiger began working for the County Counsel’s Office as a Deputy County Counsel in 2001. He was appointed Supervising Deputy County Counsel in 2010 and Assistant County Counsel in 2013. He was appointed Chief Assistant County Counsel in August 2022, and performed all functions of the County Counsel following the retirement of the County Counsel in November 2022. Mr. Geiger has significant legal experience in the areas of land use, code enforcement, real estate, public works, elections, emergency medical services, and Delta and water issues, and he advised the Board of Supervisors, County Health Officer, and other County departments on legal issues arising from the COVID-19 pandemic response. Mr. Geiger graduated from Stanford University and the University of California, Davis, School of Law. This action also waives the County residence requirement of Government Code section 24001 for the appointment. The waiver is authorized by Government Code section 27641.1. CLERK'S ADDENDUM Speaker: Caller 1. RECOMMENDATION(S): APPOINT Joanne Lin-Hening to the District I Alternate seat of the First 5 - Contra Costa Children and Families Commission for a term ending April 4, 2026, as recommended by Supervisor Gioia. FISCAL IMPACT: None. BACKGROUND: The First 5 - Contra Costa Children and Families Commission works to support early childhood development through a strategic plan developed pursuant to the California Children and Families First Act of 1998. The First 5 Commission includes nine (9) members appointed by the Board of Supervisors. The Commission has authorized alternates for all nine of the Commissioners, who also require appointment by the Board of Supervisors. In total, there are up to 18 seats. The nine members are defined as follows: (a) The Chair of the Board of Supervisors -- or another Board of Supervisors member as designated by the Chair. (b) 3 members from among the County Health Officer APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 5109320415 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 44 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 4, 2023 Contra Costa County Subject:APPOINT Joanne Lin-Hening to the District I Alternate seat of the First 5 - Contra Costa Children and Families Commission BACKGROUND: (CONT'D) and persons responsible for management of the following county functions: children's services, public health services, behavioral health services, social services, and tobacco and other substance abuse prevention and treatment services. The three initial appointments are: the County Health Officer, the Employment and Human Services Director, and the Community Services Director. (c) 5 members from the following categories: (1) Recipients of project services included in the County strategic plan; (2) Educators specializing in early childhood development; (3) Representatives of a local child care resource or referral agency, or a local child care coordinating group; (4) Representatives of a local organization for prevention or early intervention for families at risk; (5) Representatives of community-based organizations that have the goal of promoting nurturing and early childhood development; (6) Representatives of local school districts; (7) Representatives of local medical, pediatric, or obstetric associations or societies; (8) Representatives of local mental health and/or substance abuse organizations; and (9) Representatives of parent advocacy groups. CONSEQUENCE OF NEGATIVE ACTION: None. CLERK'S ADDENDUM Speaker: Caller 1. RECOMMENDATION(S): APPROVE Appropriation Adjustment No.005053 authorizing the transfer of $1,015,000 in appropriations from the Department of Information Technology (0147) to Telecommunications (0060). FISCAL IMPACT: This action increases appropriations in Telecommunications (0060) by $1,015,000 and reduces appropriations in Information Technology (0147) by that amount. BACKGROUND: During the FY 22-23 budget process, the Department of Information Technology was approved appropriations for Telecommunications projects to purchase Cisco equipment for continued UC (Unified Communications) conversions at various County department locations, DC power monitoring for both the County’s primary and back-up Data Centers, and radio tower fencing upgrades for several hilltop microwave/radio sites to protect the public safety radio network from theft and vandalism. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, there will be insufficient funds in Telecommunications (0060) to complete paying for the projects. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michelle Colefield, 608-4033 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 45 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:April 4, 2023 Contra Costa County Subject:Appropriation Adjustment to move FY 22-23 Venture Capital funds from Information Technology (0147) to Telecommunications (0060) CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS TC27_AP005053 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Candace Andersen, 2nd District Diane Burgis, 3rd District Ken Carlson, 4th District Federal D. Glover, 5th District March 8, 2023 Honorable Buffy Wicks State Capitol Sacramento, CA 95814 Re: Assembly Bill 540 – Social Service Transportation Improvement Act: coordinated transportation services agencies Dear Assemblymember Wicks: On behalf of Contra Costa County, I am writing to thank you for authoring Assembly Bill 540 - Social Service Transportation Improvement Act: coordinated transportation services agencies. This important bill will improve and expand mobility options for older and disabled Californians through strengthened policies and the addition of a much-needed revenue stream. The Contra Costa County Board of Supervisors enthusiastically supports AB 540. California’s over-6o population is projected to grow faster than any other age group. In addition to this well- known increase in the older population, the disabled population is also growing due to public health factors. Combined, this rapidly growing population has unique mobility needs that our current transportation system is ill-equipped to meet and even less prepared in the future. After years of inactivity in this policy area your leadership gives us hope that our older and disabled residents will see vastly improved mobility options in the near future. AB 540’s systematic, statewide implementation of coordinated transportation best practices is a sensible, common-sense approach to solving this longstanding issue. Your efforts will bring desperately needed justice and equity to our transportation system. While the State makes much-needed investments in conventional transportation systems, roads, bicycle and pedestrian infrastructure, maintenance, fixed route transit, etc., systems for transporting older Californians and those with disabilities have stagnated. We appreciate your leadership in improving our transportation system for all Californians. It is our hope that with the advances established in AB 540, the “largest and most complex transportation system in the nation” will include equitable transportation services for older and disabled Californians. Sincerely, John M. Gioia Chair Contra Costa County Board of Supervisors Copy • Honorable Members of the Contra Costa County State Legislative Delegation • Federal D. Glover, Chair - Contra Costa Transportation Authority • Contra Costa County Board of Supervisors • Jesse Arreguin, Chair – Joint MTC/ABAG Leg. Committee c/o Georgia Gann Dohrmann • Disability and Aging Community Living Advisory Committee (CalHHS) c/o Amanda Lawrence, California Department of Aging Monica Nino Clerk of the Board and County Administrator (925) 655-2075 Contra Costa County Last Edit: March 10, 2023 Location: Assembly Transportation Assembly Bill 540 Choice in Aging – Senior and Disabled Transportation Assemblymember Buffy Wicks (AD-14) SUMMARY AB 540 expands transportation options and helps to reduce social isolation for older Californians and those with disabilities by updating the 1979 Social Service Transportation Improvement Act (SSTIA) with the addition of a revenue stream. AB 540 also modernizes and strengthens policies related to the “consolidated transportation services agency” (CTSA) mechanism by applying research-based policy and funding solutions to a problem that will only increase as California’s population ages. ISSUE Due to physical or cognitive limitations or disabilities, many senior and disabled Californians cannot use a private car or conventional public transportation. They instead rely on a variety of accessible transportation (AT) services1 in order to go to appointments, bu y groceries, see family members, and meet basic needs. AT services are a range of programs that fill the many substantial gaps in conventional transportation and transit systems by providing riders with extra assistance getting on and off a vehicle, accommodating special medical equipment and mobility devices, and picking up and dropping off riders closer to their origin or destination. The Americans with Disabilities Act (ADA) Paratransit Service, the entity most individuals think of when discussing AT services, is extremely limited in availability, expensive to provide, user-unfriendly, and only addresses a fraction of the transportation needs of older and disabled Californians.2 1Accessible transportation (AT) services are an umbrella term for transportation services provided to persons with disabilities and seniors. These include city-provided “dial-a-ride,” Americans with Disabilities Act-mandated public paratransit, volunteer driver programs, accessible wayfinding/public rights of way, non-profit and community-based transportation, mobility management programs, etc. Due to a range of organizational and funding factors, accessible transportation services in California do not currently meet the mobility needs of the millions they are supposed to serve and are even more ill-equipped to respond to forecasted increase in demand. It is not uncommon for a rider to spend hours on a paratransit vehicle for a trip that is just a few miles, get dropped off at an incorrect location with no means of getting help, or need to book a trip at least a week in advance in order to get served. Operational problems with services include vehicles and other resources not utilized to capacity, redundant services in some areas while there is minimal to no service in other areas, substantial variation in service quality and safety, and a lack of reliable service information.3 The human and financial costs of California’s inadequate paratransit system are massive, especially considering that much of the state’s population is aging in suburban and rural settings, where private vehicle access is the only mode of transportation available. Mobility limitations of passengers, and a lack of family, friends, or caregivers to provide a ride, add up to ensure increased isolation and loneliness, including many never leaving their homes and some being institutionalized because they cannot get to necessary nutrition and medical services. The Centers for Disease Control cautions that “Loneliness and social isolation in older adults are serious public health risks affecting a significant number of people in the United States and putting them at risk for dementia and other serious medical 2National Academy of Sciences: Future of Disability In America: Transportation Patterns and Problems of People with Disabilities 3Transit Cooperative Research Program, National Academy of Sciences: Transportation Research Board, Report 91, “Economic Benefits of Coordinating Human Service Transportation and Transit Services.” Last Edit: March 10, 2023 Location: Assembly Transportation conditions.”4 One study found that “isolated seniors have higher Medicare spending, driven by increased hospitalization and institutionalization, and face greater mortality. Policies supporting social connectedness could reap significant savings.”5 While other sectors of California’s transportation system regularly benefit from increased funding and improved policies, AT services have not been meaningfully updated since they were initially set up in 1979. Six times the State has acknowledged AT services need to be improved6, studied the issue, but neglected to implement recommendations. This neglect has allowed these programs to stagnate in the face of rapidly growing demand. This situation is unbefitting for a state with the “largest and most complex transportation system in the nation.” California already has a robust policy solution for improving accessible transportation - the ‘Consolidated Transportation Services Agencies’ mechanism, which promotes the provision of coordinated accessible transportation services. However, the original legislation that enabled CTSAs was permissive, and had no financial incentive to spur establishment. As a result, very few CTSAs were formed. This issue has been studied numerous times over decades, with no progress shown for these efforts. AB 540 breaks through this legacy of inaction. SOLUTION AB 540 will establish a ‘Coordinated Transportation Service Agency’ (CTSA) in all 58 California counties while respecting and supporting existing CTSAs. These CTSAs will enhance coordination, promote a more seamless rider experience, including a single point of entry for 4“Loneliness and Social Isolation Linked to Serious Health Conditions.” United States Center for Disease Control. https://www.cdc.gov/aging/publications/features/lonely-older- adults.html 5“Social Isolation and Medicare Spending: Among Older Adults, Objective Social Isolation Increases Expenditures riders wishing to arrange for travel, and provide a dedicated funding stream for these services. The bill expands the authority of CTSAs to facilitate integrating the needs of seniors and the disabled into public policy and investment processes, including engagement in capital improvement program review, general plan development, transit stop access plans, and more. AB 540 will leverage and improve upon existing mechanisms. In addition to the 1979 SSTIA, the bill uses the federally required, locally developed Coordinated Public Transit Human Services Transportation Plans to ensure that investments are adequate and appropriate for local conditions. For the same reasons, County Boards of Supervisors will play a role in implementation. These local officials have critical knowledge of local needs, familiarity with non-profit and community-based organizations, and significant public health authority and expertise. While providing urgently needed improvements to accessible transportation programs, AB 540 improves cost-effectiveness and reduces greenhouse gasses.7 Funding: An acknowledged shortfall in the original 1979 SSTIA was the need for more funding to support CTSA activities. AB 540 establishes a transportation improvement fee of $10.00 per vehicle, with the revenues being provided to County designated CTSAs. SUPPORT  Choice In Aging (Sponsor) while Loneliness Does Not.” Shaw, Jonathan M.D. et al. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5847278/ 6Since 2003 there have been 6 state efforts which identified accessible transportation problems and provided unfulfilled recommendations. These initiatives took place in 2003, ’04, ’05, 07, ’09, and ‘21 7U.S Dept. of Energy, Avg VMT of Major Vehicle Categories Last Edit: March 10, 2023 Location: Assembly Transportation CONTACT Cameron Gadson Office of Assemblymember Wicks (916) 319-2014 cameron.gadson@asm.ca.gov FOR IMMEDIATE RELEASE Contacts: March 6, 2023 Debbie Toth Choice in Aging (925) 395-7596 Erin Ivie Assemblymember Buffy Wicks (510) 619-8495 Assemblymember Buffy Wicks introduces legislation to provide equitable transportation services for older Californians and people with disabilities SACRAMENTO – Earlier this month, Assemblymember Buffy Wicks introduced AB 540, the Social Service Transportation Improvement Act: Coordinated Transportation Sources Agencies. This bill improves access to transportation for older people and people with disabilities with the addition of a revenue stream, increased service requirements, coordination rather than consolidation of social service transportation services, and a strengthening of county-wide networks of transportation services. “Transportation services for our elders and people with disabilities are substandard,” said Assemblymember Buffy Wicks. “Seniors are the fastest growing population in California, but our methods for services and network of transportation services have remained stagnant, resulting in inequitable access to transportation services.” AB540 applies proven best practices and recommendations of the 2021 California Master Plan for Aging Stakeholder Advisory Committee and the Caltrans Mobility Action Plan so that every Californian, regardless of age or ability, has access to a systematically developed and funded, seamless, person-centered transportation system. Right now, Californians with cognitive or physical characteristics that prevent them from operating a car or using conventional public transportation often rely on ADA paratransit to go to appointments, meet basic needs and see family. ADA Paratransit has significant limitations. Expanded accessible transportation services are needed to fill gaps left by ADA paratransit. AT services will provide riders person-centered assistance, accommodate special medical equipment and mobility devices, drop users off closer to their destination, and generally fill the many gaps left by ADA paratransit, all while increasing cost-effectiveness and reducing greenhouse gasses. Unfortunately, it is not uncommon for a paratransit rider to spend hours in a vehicle for a trip of just a few miles, have to arrange for transfers between two or more paratransit services in the same county, or need to book a trip more than a week in advance. “Elders and riders with disabilities endure increased isolation and loneliness, and associated health problems, as a result of not being able to access mobility when they need it,” said Debbie Toth, CEO of Choice in Aging and a member of the California Master Plan for Aging Stakeholder Advisory Committee. “Access to transportation services is key to allowing seniors and people with disabilities to live independently in their community.” “This issue has been studied for more than twenty years with no notable progress,” said Eric Harris, Public Policy Director of Disability Rights California. “California’s conventional transportation and transit systems have benefitted from increased funding and dedicated funding streams while this underserved population has unequal transportation options. AB540 will remedy this.” AB540 will increase the transportation improvement fee $10 per vehicle and require every county to set up “coordinated transportation service agencies” to improve transportation service to seniors and people with disabilities. “This investment will result in effective, equitable local transportation services,” said Wicks. “I invite all of California’s transit advocates and providers to recognize this important need and support this long overdue fix to our transportation system.” This legislation is supported by numerous non-profit and advocacy organizations throughout the state and region, including Choice in Aging, The Alzheimer ’s Association, Disability Rights California, LeadingAge California, The California Foundation for Independent Living Centers, Justice in Aging, Senior and Disability Action, and others. ### Accessible Transportation Problem/Solution Summary Transportation for Older Californians and Those With Disabilities February 2023 Problem: A significant portion of senior and disabled Californians can't get where they need to go because the State's immense transportation funding and policy apparatus does not address their needs. In stark contrast to the rest of the transportation system, accessible transportation i funding, policies, and programs for this population have remained stagnant for decades despite the demographically driven increase in demand for services and the open acknowledgement by the State that improvements need to be made. • Demographics: The aging of society is a well-documented result of the baby boom. This demographic shift is placing increasing demands on a wide range of policy areas, transportation included. The State’s 2021 Master Plan for Aging describes the situation: “California’s over-6o population is projected to diversify and grow faster than any other age group. Increasing from 16 percent in 2010 to ¼ of the population by 2030, when there will be 10.8 million older adults in California.” • Study and Stagnate: In the past 19 years there have been six State initiatives that have documented this problem and made recommendations. No recommendations have ever been implemented. See “Legacy of Stagnation” below. • Inequities: Every other segment of the transportation system receives increased funding and policy support with consistent implementation. Examples: In 2008 the California Complete Streets Act was passed which bolstered policies and funding to improve facilities for cyclists and pedestrians. In 2017, SB 1 included increased funding for road maintenance, cyclists/pedestrians, conventional transit, boating/park programs, university research, etc., but no dedicated funding for accessible transportation. Further inequities are found in rural areas, especially during disasters, due to limited services and population-based funding formulas resulting in inadequate transportation options which strand and endanger disabled and older Californians. The “largest and most complex transportation system in the nation” is simply not providing equitable benefits to all Californians. Solution • Legislation: After 20+ years of attempts to solve these issues administratively, it falls on the legislature to bring improvements to this service area. The intent is to update the 1979 Social Service Transportation Act to fund and enhance coordination of services. To achieve this, the legislation will leverage two existing programs, the Consolidated Transportation Services Agency (CTSA) mechanism established in California statute and the Coordinated Public Transit – Human Services Transportation Plans established under federal law. In contrast to the current permissive and unfunded approach to this service area, the bill intends to establish a systematic, funded solution. (Subsequent to the development of this white paper Assemblymember Buffy Wicks introduced AB-540 Social Service Transportation Improvement Act: coordinated transportation services agencies. AB540 will implement solutions described in this document.) “Current senior-oriented mobility services do not have the capacity to handle the increase in people over 65 years…the massive growth among the aging …points to a lack of fiscal and organizational readiness…the closure and consolidation of medical facilities while rates of diabetes and obesity are on the rise will place heavy demands on an already deficient system.” Coordinated Public Transit-Human Services Transportation Plan, Metropolitan Transportation Commission Legacy of Stagnation: California has decades of unsuccessful initiatives to address the problem, we are stuck in a “study and stagnate” cycle: • 2003: California Health and Human Services: Strategic Plan for an Aging California: Comprehensive accessible transportation recommendations. No implementation. • 2004: Master Plan on Aging: Transportation recommendations: No implementation. • 2005: CA Commission on Aging Transportation Task Team Report: No implementation. • 2007: CA Commission on Aging Transportation Task Team Report: No implementation. • 2009: Caltrans: Mobility Action Plan-Assessing Human Service Transportation Coordination. Extensive study on accessible transportation with recommendations. No implementation. • 2017: Senate Bill 1 Road Repair and Accountability Act ($5.2B Annual): No dedicated funding for accessible transportation ii • 2021: Master Plan for Aging: The Governor’s Stakeholder Advisory Committee drafted a robust, thoughtful set of recommendations based on widely accepted best practices. This input was not included in the final Master Plan for Aging report while recommendations in all other service areas were accepted. No meaningful transportation recommendations were included. • The last success was the 1979 Social Service Transportation Improvement Act which has proven to be ineffective due to the lack of funding and permissive language which this proposal addresses. Barriers • Transportation issues related to aging and disability are overshadowed by every other segment of the transportation system. There is no seat at the transportation table for accessible transportation needs. • This vulnerable population has a limited capacity for self- advocacy, there is no ability to be the “squeaky wheel”. • Because of this limited ability for self-advocacy, issues around ageism and ableism are often left out of the many long overdue diversity, equity, and inclusion initiatives underway. • Reliance of Caltrans, CalSTA, the CTC and the legislature on the public transit lobby for guidance on accessible transportation. Public transit agencies are the minority provider iii of accessible transportation and are consumed with other priorities including commute, school, low-income, greenhouse gas reduction efforts, and ADA paratransitiv services. See pullout quote to the right. Contact: Debbie Toth dtoth@choiceinaging.org i Accessible transportation is a term being used to refer to a broad range of transportation related services provided to persons with disabilities and elderly individuals. For the purposes of this paper, accessible transportation is defined as a range of transportation/transit and supportive services such as city/community programs, Americans with Disabilities Act (ADA) mandated public paratransit service, accessible wayfinding and public rights of way, transportation provided by private non- profits, mobility management programs, volunteer-based transportation programs, etc. ii SB1 was not an initiative to improve accessible transportation but used to highlight that, in this grand restructuring and increase of gas taxes, virtually every mode of transportation and related issues were funded but no dedicated funding for accessible transportation. iii American Public Transit Association Fact Book iv ADA paratransit only addresses a small fraction of the needs of this population and due to numerous factors, cannot be scaled up to address the needs of older persons and those with disabilities. Political individuals and organizations with vested interests in “the status quo” will often view expanded transportation services as a threat to their own power or influence and may, therefore, take steps to derail both personal and organizational capital invested in the coordinated transportation system. Transportation Research Board, National Academies of Sciences, on coordinating human service transportation and transit. RECOMMENDATION(S): ADOPT a position of "Sponsor" on Assembly Bill 540 (Wicks), which will improve and expand mobility options for older and disabled Californians through strengthened policies and the addition of a revenue stream. FISCAL IMPACT: No fiscal impact from the adoption of a "Sponsor" position on the bill. BACKGROUND: AB 540 (Wicks) "Social Service Transportation Improvement Act: coordinated transportation services agencies" is currently sponsored by the organization "Choice in Aging" and is supported by The Alzheimer's Association, Disability Rights California, LeadingAge California, The California Foundation for Independent Living Centers, Justice in Aging, and Senior and Disability Action. The Contra Costa County Board of Supervisors issued a letter of support for AB 540 on March 8, 2023. (Attached) Improving transportation options for older residents and those with disabilities has been a longstanding priority for the Contra Costa County Board of Supervisors. The County’s APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham, (925) 655-2915 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 46 To:Board of Supervisors From:LEGISLATION COMMITTEE Date:April 4, 2023 Contra Costa County Subject:ADOPT a position of "Sponsor" on AB540 (Wicks): Social Service Transportation Improvement Act: coordinated transportation services agencies BACKGROUND: (CONT'D) 2019 State Legislative Platform included County-Sponsored legislation to that end (language below). During 2021 and 2022, staff and the County's transportation legislative advocate consulted with and updated the Transportation, Water, and Infrastructure Committee (TWIC) on the County's technical and policy support to the State on accessible transportation issues. That support, provided during the 2021 Master Plan for Aging initiative and subsequently at the State’s Disability and Aging Living Advisory Committee, combined with other advocacy resulted in Assemblymember Buffy Wicks introducing the subject bill, AB 540: Social Service Transportation Improvement Act: coordinated transportation services agencies. 2019 County Platform Language Seniors/Persons with Disabilities Transportation Funding Program The “Seniors/Persons with Disabilities (SPD) Transportation Program” creates a mechanism to strategically increase funding for transportation programs serving the senior/disabled population. It is acknowledged at the local, regional, state and federal levels that transportation programs for this population are underfunded and underdeveloped. These deficiencies will increase as demographic and public health shifts amplify these issues. A "sponsor" position would allow the County to have an opportunity to contribute to the amendment process, and improve the County's position when meeting with potential supporters. The bill and the sponsor position was discussed and approved at the March 13, 2023 Legislation Committee. If the recommendation is accepted, the bill would include Choice in Aging and the County as Co-Sponsors. Other • Attached to this report are the AB 540 Fact Sheet, Press Release, and Backgrounder. AB 540 (Wicks) Author: Buffy Wicks (D-014) Title: Social Service Transportation Improvement Act Fiscal Committee: yes Urgency Clause: no Introduced : 02/08/2023 Disposition : Pending LEGISLATIVE COUNSEL'S DIGEST AB 540, as introduced, Wicks. Social Service Transportation Improvement Act: coordinated transportation services agencies. (1) The Social Service Transportation Improvement Act requires transportation planning agencies and county transportation commissions to prepare and adopt plans detailing required steps to consolidate social service transportation services, including the designation of consolidated transportation service agencies. The act requires funding for implementation to be provided from specified local transportation funds. This bill would require the coordination, rather than the consolidation, of social service transportation services under the act and would recharacterize consolidated transportation service agencies in the act as coordinated transportation service agencies. This bill would authorize a coordinated transportation service agency to review and comment on specified plans and projects relevant to its jurisdiction, and would require specified agencies to respond to the comments. By increasing service requirements for counties, this bill would create a state-mandated local program. (2) Existing law annually imposes a transportation improvement fee on each vehicle based on its market value. Existing law requires the deposit of these revenues into specified accounts, one of which is the Public Transportation Account. The California Constitution requires that all of these revenues be used solely for specified transportation purposes. This bill would increase the transportation improvement fee by $10 per vehicle, and would require the revenues generated to be deposited into the Public Transportation Account. The bill would continuously appropriate this fee revenue for allocation, as specified, to counties for accessible transportation services for seniors and disabled persons. (3) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote Required: TWO THIRDS Appropriation: YES Fiscal Committee: YES Local Program: YES Immediate Effect NO Urgency: NO Tax Levy: NO Election: NO Usual Current Expenses: NO Budget Bill: NO Prop 25 Trailer Bill: NO CONSEQUENCE OF NEGATIVE ACTION: If the "Sponsor" position is not adopted, it may compromise the effectiveness of efforts by the County and community based advocates to support the bill. CLERK'S ADDENDUM Speaker: Caller 1. ATTACHMENTS 1: AB 540 Documents: Fact Sheet, Press Release, Backgrounder 2: March 8, 2023 Letter: BOS to AM Wicks: AB540: SUPPORT RECOMMENDATION(S): As recommended by the Legislation Committee (Supervisors Carlson & Burgis), adopt a position of "Support" on: AB 817 (Pacheco): Local Government: Open Meetings, a bill that would allow members of non-decision-making legislative bodies that do not have the ability to take final action to participate in two-way virtual teleconferencing without posting their personal addresses while teleconferencing; and AB 240 (Kalra): Dogs and Cats: California Spay-Neuter Fund, a bill that would establish the California Spay-Neuter Fund to finance low-cost spay-neuter operations throughout the state. AUTHORIZE the Chair of the Board to sign letters supporting these bills. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, (925) 655-2057 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 47 To:Board of Supervisors From:LEGISLATION COMMITTEE Date:April 4, 2023 Contra Costa County Subject:AB 817 (Pacheco) Local Government: Open Meetings; AB 240 (Kalra) California Spay-Neuter Fund--SUPPORT FISCAL IMPACT: There is no fiscal impact from the adoption of an advocacy position although the bills themselves may have fiscal effects. BACKGROUND: At their March 13, 2023 meeting, the Legislation Committee took action to recommend that the Board of Supervisors adopt a position of "Support" on AB 817 and AB 240. AB 817 (Pacheco) Author:Blanca Pacheco (D-064) Coauthor Wilson (D) Title:Open Meetings: Teleconferencing: Subsidiary Body Fiscal Committee:no Urgency Clause:no Introduced:02/13/2023 Last Amend:03/16/2023 Disposition:Pending Location:Assembly Local Government Committee Summary:Relates to the Ralph Brown Act. Authorizes a subsidiary body to use alternative teleconferencing provisions similar to the emergency provisions indefinitely and without regard to a state of emergency. Status:03/16/2023 To ASSEMBLY Committee on LOCAL GOVERNMENT. 03/16/2023 From ASSEMBLY Committee on LOCAL GOVERNMENT with author's amendments. 03/16/2023 In ASSEMBLY. Read second time and amended. Re-referred to Committee on LOCAL GOVERNMENT According to CSAC, who is co-sponsoring the bill along with the California Association of Recreation and Park Districts, League of California Cities, Rural County Representatives of California, and the Urban Counties of California, AB 817 "would increase civic engagement by allowing members of non-decision-making legislative bodies that do not have the ability to take final action to participate in two-way virtual teleconferencing without posting their personal addresses while teleconferencing. Counties and other local governments have faced an ongoing challenge to recruit and retain members of the public on advisory bodies, boards, and commissions. Challenges associated with recruitment have been attributed to participation time commitments, time and location of meetings, physical limitation, conflicts with childcare, and work obligations, to name just a few. The COVID-19 pandemic drove both hyper-awareness and concerns about the spread of infectious diseases, as well as removed barriers to local civic participation by allowing this same remote participation. This enabled individuals who could not otherwise accommodate the time, distance, or mandatory physical participation requirements to engage locally, providing access to leadership opportunities and providing communities with greater diversified input on critical community proposals. The in-person requirement to participate in local governance bodies presents a disproportionate challenge for those with physical or economic limitations, including seniors, persons with disability, single parents and/or caretakers, economically marginalized groups, and those who live in rural areas and face prohibitive driving distances. AB 817 addresses these issues by providing a narrow exemption under the Ralph M. Brown Act for non-decision-making legislative bodies that do not take final action on any legislation, regulations, contracts, licenses, permits, or other entitlements, so that equity in opportunity to serve locally and representative diversity in leadership can be achieved." The bill has been referred to the Assembly Local Government Committee and is awaiting a hearing date. A Fact Sheet for the bill is available here. AB 240 (Kalra) Author:Ash Kalra (D-025) Title:Dogs and Cats: California Spay-Neuter Fund Fiscal Committee:yes Urgency Clause:no Introduced:01/13/2023 Last Amend:02/28/2023 Disposition:Pending Committee:Assembly Agriculture Committee Hearing:03/29/2023 1:30 pm, State Capitol, Room 126 Summary:Requires the Department of Food and Agriculture to collect, on an annual basis, a charge of a specified amount from a manufacturer of dog and cat food for each label submitted by the manufacturer to the State Department of Public Health for dog and cat food. Requires a manufacturer of dog and cat food that has less than a specified amount in verifiable gross annual sales to instead pay only a single annual charge of a specified amount to the Department of Food and Agriculture; appropriates funds. Status:03/15/2023 In ASSEMBLY Committee on AGRICULTURE: Not heard. Full Status 01/13/2023 INTRODUCED. 02/02/2023 To ASSEMBLY Committees on AGRICULTURE and REVENUE AND TAXATION. 02/28/2023 From ASSEMBLY Committee on AGRICULTURE with author's amendments. 02/28/2023 In ASSEMBLY. Read second time and amended. Re-referred to Committee on AGRICULTURE. 03/15/2023 In ASSEMBLY Committee on AGRICULTURE: Not heard. AB 240 would establish the California Spay-Neuter Fund to finance low-cost spay-neuter operations throughout the state of California. The Fund would be financed through a $200 annual charge to pet food manufacturers for each dog and/or cat food label they have on file with the State Department of Public Health. The fund will be managed by the California Department of Food and Agriculture (CDFA), which will distribute the money through competitive grants and/or set allocations. “Eligible partners” will include public animal shelters, private animal shelters with public contracts, and nonprofits for whom spay-neuter is a primary activity. Grant recipients must primarily use any money they receive for spay-neuter services. They will also be required to report annually on how they used the funds and the outcomes that use produced. The Assembly Agriculture Committee analysis for the bill is available here. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not adopt a "Support" position on the bill, there will be no official advocacy position for Contra Costa County. POSITION ADJUSTMENT REQUEST NO. 26130 DATE 3/16/2023 Department No./ Department Health Services Budget Unit No. 0466 Org No. 5938 Agenc y No. A18 Action Requested: Add one (1) Administrative Services Assistant III (APTA) position and cancel one (1) vacant Administrative Services Assistant II-Project (APV2) position #19120 in the Health Services Department. (Represented) Proposed Effective Date: 4/5/2023 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 $22,708.93 Net County Cost $0.00 Total this FY $7,569.64 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% DMC FFP/SGF/LRF Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jenny Nicolas ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Sarah Kennard for 3/14/2023 ___________________________________ ________________ 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 3/30/2023 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recommended by the Department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 26130 to add one (1) Administrative Services Assistant III (APTA) position at salary plan and grade ZB5-1631 ($7,152- $8,694) and cancel one (1) vacant Administrative Services Assistant II-Project (APV2) position #19120 at salary plan and grade Z25-1475 ($6,129-$7,449) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in an annual cost increase of $22,708 with $5,790 in pension cost already included. The cost will be fully funded by Drug Medi-Cal Federal Financial Participation/State General Funds/Local Revenue Funds. BACKGROUND: The Alcohol and Other Drug Services (AODS) in the Health Services Department is requesting to add one (1) Administrative Services Assistant III position. AODS received grant funding from the American Plan Rescue Act (ARPA) to implement the expansion of substance use programs. The federal funding source has mandatory reporting requirements. The Administrative Services Assistant III position will provide proper monitoring of program expenditures and mandatory reporting to the Department of Health Care Services for recovery residences, primary prevention, and other expenditures associated with the ARPA. This position is necessary for providing additional administrative support for the expansion of substance use services. AODS has also determined that the Administrative Services Assistant II-Project position, which has never been filled, no longer meets their operations needs as there is an ongoing need for a permanent position to fulfill the administrative duties. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Alcohol and Other Drugs Services will not have adequate staffing to monitor and report program expenditures, which will hinder the department from meeting the requirements of program funding. AODS may forfeit current funding and negatively impact its ability to receive future grants from any federal or state funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jenny Nicolas, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jenny Nicolas, Jo-Anne Linares, Fatima Mata Sol, Cheri Shipley, Kathi Caudel, Alicia Pormento C. 48 To:Board of Supervisors From:Anna Roth, Health Services Date:April 4, 2023 Contra Costa County Subject:Add one Administrative Services Assistant III position & Cancel one Administrative Services Assistant II-Project position in the Health Services Dept AGENDA ATTACHMENTS P300 No. 26130 HSD MINUTES ATTACHMENTS Signed P300 26130 POSITION ADJUSTMENT REQUEST NO. 26141 DATE 3/29/2023 Department No./ Department County Counsel Budget Unit No. 0030 Org No. 1700 Agency No. 17 Action Requested: Delete one Chief Assistant County Counsel (2ED2) position #14077 and add one Assistant County Counsel - Exempt (2ED1) position Proposed Effective Date: 4/5/2023 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 ($24,328.00) Net County Cost $0.00 Total this FY ($6,082.00) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Salary Savings Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Thomas L. Geiger ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT L.Strobel 3/29/2023 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 3/29/2023 Delete one (1) Chief Assistant County Counsel - Exempt (2ED2) at salary plan and grade B8E 2505 (2ED2) ($18,096.70- $23,096.49) position #14077 and add one (1) Assistant County Counsel - Exempt (2ED1) at salary plan and grade B8E 2385 ($16,069.35- $19,532.39) in the Office of the County Counsel. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Gladys Reid 3/29/2023 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: 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. 26141 to delete one (1) Chief Assistant County Counsel - Exempt (2ED2) at salary plan and grade B8E 2505 (2ED2) ($18,096.70- $23,096.49) position #14077 and add one (1) Assistant County Counsel - Exempt (2ED1) at salary plan and grade B8E 2385 ($16,069.35- $19,532.39) in the Office of the County Counsel. FISCAL IMPACT: No fiscal impact. BACKGROUND: The cancelation of the Chief Assistant County Counsel position is the result of a recent office reorganization. The job responsibilities of the Assistant County Counsel position are in alignment with the duties that will be performed by the appointment and this position adjustment will best serve the needs of the office and County. CONSEQUENCE OF NEGATIVE ACTION: The County Counsel's Office will be unable to assign the classification that is commensurate with the job responsibilities. CHILDREN'S IMPACT STATEMENT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wanda McAdoo, 925 655-2211 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Wanda McAdoo, HRIS C. 49 To:Board of Supervisors From:Thomas L. Geiger, Chief Assistant County Counsel Date:April 4, 2023 Contra Costa County Subject:Delete one Chief Assistant County Counsel - Exempt and add one Assistant County Counsel - Exempt AGENDA ATTACHMENTS AIR 53101 P300 26141 CCC Add and Cancel MINUTES ATTACHMENTS Signed P300 26141 POSITION ADJUSTMENT REQUEST NO. 26136 DATE 3/21/2023 Department No./ Department Health Services Budget Unit No. 0301 Org No. 5701 Agency No. A18 Action Requested: Increase the hours of one (1) Registered Nurse (VWXG) position #18027 from 32/40 to 40/40 in the Health Services Department. (Represented) Proposed Effective Date: 4/16/2023 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 $52,611.00 Net County Cost $52,611.00 Total this FY $13,153.00 N.C.C. this FY $13,153.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% budgeted General Fund allocation within the Department. Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Larita Clow ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Sarah Kennard for 3/27/2023 ___________________________________ ________________ 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 3/28/2023 Approve Recommendation of Director of Human Res ources 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. 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 & 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 cons idered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current 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. 26136 to increase the hours of one (1) Registered Nurse (VWXG) position #18027 from 32/40 to 40/40 at salary plan and grade L32-1880 ($11542 - $14,414) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in an annual increase of approximately $52,611, with $13,416 in pension cost included. This position will be fully funded by current County General Fund allocations already included in the Department's budget. BACKGROUND: The Health Services Department is requesting to increase the position hours from 32/40 to 40/40 as the incumbent has been working 40 hours/week for more than a year as a Registered Nurse in West County Detention. Incumbents in the classification have the ability to request that their position hours be increased or decreased, as outlined in their MOU. This position plays a key role due to increased nursing operational needs to meet the community standard and required services. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Department will not be able to fulfill the request of the incumbent or address the increased nursing staff operational needs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Larita Clow, (925) 957-5244 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Larita Clow, Faye Ny, Kathi Caudel, Monica LaFleur, Jo-Anne Linares, JoungSoon Park C. 50 To:Board of Supervisors From:Anna Roth, Health Services Date:April 4, 2023 Contra Costa County Subject:Increase the hours of one Registered Nurse position in the Health Services Department AGENDA ATTACHMENTS P300 No. 26136 HSD MINUTES ATTACHMENTS Signed P300 26136 POSITION ADJUSTMENT REQUEST NO. 26134 DATE 3/28/2023 Department No./ Department Health Services Budget Unit No. 0860 Org No. 6125 & 6123 Agency No. 18 Action Requested: Add one (1) PFT Administrative Services Assistant II (represented) position in org 6125, add one (1) PFT Health Services Accountant (represented) position in org 6123, add one (1) PFT Supervising Accountant (represented) position in org 6123, and cancel one Health Plan Services Assistant - Exempt (unrepresented) position no. 9534 in the Health Services department. Proposed Effective Date: 4/5/2023 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0 Estimated total cost adjustment (salary / benefits / one time): Total annual cost increase $443,489 Net County Cost $0 Total this FY $110,872 N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 50% HMO Enterprise Fund, 50% Health Plan Premiums 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 3/29/2023 ___________________________________ ________________ 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 3/30/2023 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. 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 & 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. 26134 to add one (1) PFT Administrative Services Assistant II (APVA) position at salary plan and grade ZB5-1475 ($6,129 - $7,450); add one (1) PFT Health Services Accountant (VCTB) position at salary plan and grade ZB5-1804 ($8,489 - $10,319); add one (1) PFT Supervising Accountant (SAHJ) position at salary plan and grade ZA5-1703 ($7,681 - $9,337); and cancel one (1) PFT Health Plan Services Assistant - Exempt (VCS3) position no. 9534 at salary plan and grade B85-1023 ($3,919 - $4,764) in the Health Services Department. (Represented and Unrepresented) FISCAL IMPACT: Upon approval, this action will result in an annual cost increase of approximately $443,489 with $103,968 in pension costs already included. This increase will be 50% funded by HMO Enterprise Funds and 50% funded by Contra Costa Health Plan premiums. BACKGROUND: The goals of the Contra Costa Health Plan (CCHP), a Health Maintenance Organization (HMO), are to be responsive to the health insurance needs of the people of Contra Costa County and to encourage the promotion and awareness of Contra Costa Health Plan (CCHP) to the general public, particularly those most medically vulnerable. In order for Contra Costa Health Plan's (CCHP) Membership Services unit to meet its goals, the unit requests to add one PFT Administrative Services Assistant II position that will assist with tasks that have strict deadlines, assist in the preparation and maintenance of procedures manuals, analyze data and prepare reports on organizational, procedural and technical projects, facilitate and ensure the delivery of messages to the County’s members in a compliant manner, monitor the outcomes of all communication to Health Plan members, and represent the unit on specific administrative matters. The unit must also advocate and deliver messages within a certain time frame to Health Plan members as they promote health campaigns that have a fiscal impact. Also, communication must be provided to members in the County’s threshold languages as well as providing alternative formats such as large print, audio, and braille. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauren Jimenez, 925-957-5262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lauren Jimenez, Kathi Caudel, Paralee Purviance, Viviana Garcia, Pam Gomez, MJ DeJesus, Bud DeCesare C. 51 To:Board of Supervisors From:Anna Roth, Health Services Date:April 4, 2023 Contra Costa County Subject:Add 1 ASA II, 1 Health Services Accountant, & 1 Supervising Accountant; & Cancel 1 Health Plan Services Assistant-Exempt no. 9534 in Health Services BACKGROUND: (CONT'D) In addition, Health Services Finance management identified a need to add additional supervisory positions to the Contra Costa Health Plan (CCHP) finance unit. The present organizational structure is unsustainable as four (4) Accountants, one (1) Accounting Technician, and one (1) Account Clerk report directly to the manager, who also directly performs key reporting duties. On January 1, 2022, the State required Health Plans to submit a new Quarterly Financial Report to the Department of Health Care Services (DHCS) State oversight agency. New State mandates also require Medi-Cal Managed Care Health Plans to report information related to plan members who have Other Health Care Coverage (OHC), and account for refunds due from providers for medical claim overpayments. The unit must also address the additional work created by California Advancing and Innovating Medi-Cal (CalAIM) initiative and the additional work associated with a proposal to convert the Contra Costa Health Plan (CCHP) from a Medi-Cal Two-Plan Model to a Single-Plan County Organized Health System Model. The unit plans to add additional accounting staff to absorb these new mandates and reporting requirements. Management determined the addition of a Health Services Accountant and a Supervising Accountant will provide the appropriate level of management to bring on new staff, provide appropriate training and cross-training to staff, and carve out some of the routine monthly and quarterly work to enable the unit to address the new State reporting requirements in a timely manner, which is critical to the proposal to convert Contra Costa Health Plan (CCHP) to a Single-Plan Model. These additional positions will enable the unit manager to manage the unit and focus on the review of quarterly financial reporting that will become the primary responsibility of other staff. There are also increased State and Federal reporting obligations for the Community Health Plan. This plan includes commercial coverage for County employees and retirees, and the State-sponsored coverage available to in-home supportive service providers in Contra Costa County. Supervisory oversight is needed to manage the process of setting premium rates and monitoring Pharmacy costs. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, members of the Health Plan may continue to be medically vulnerable by not knowing the offered health benefits available to them and the Health Plan will not meet its regulatory requirements. Also, the current organizational structure will continue to be unsustainable which will negatively impact operations. AGENDA ATTACHMENTS P300 No. 26134 HSD MINUTES ATTACHMENTS Signed P300 26134 POSITION ADJUSTMENT REQUEST NO. DATE 4/4/2023 Department No./ Department County Administrators Office Budget Unit No. 0003 Org No. 1220 Agenc y No. 03 Action Requested: Add one (1) full-time Labor Relations Analyst II (ADSJ) (unrepresented) position and cancel one (1) full- time Labor Relations Technician (AD7C) (Unrepresented) position #17598 in the County Administrators Office. Proposed Effective Date: 4/5/2023 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 $57,951.36 Net County Cost 57,951.36 Total this FY $14,487.84 N.C.C. this FY 14,487.84 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. David Sanford, Chief of Labor Relation ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Monica Nino 3/24/2023 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 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 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 26142 to add one (1) full-time Labor Relations Analyst II (ADSJ) (unrepresented) position and cancel one (1) full-time Labor Relations Technician (AD7C) (unrepresented) position #17598 in the County Administrators Office. FISCAL IMPACT: The classification works in the labor relations unit of the County Administrator's Office and is charged out to operating departments through the County Cost Plan. The estimated cost impact for FY 2022-23 is $14,488. BACKGROUND: The Labor Relations Unit of the County Administrator's Office is responsible for County wide labor relations activities, including MOU negotiations, administering provisions of Memoranda of Understanding, assisting in the resolution of grievances and disciplinary matters, and providing assistance and advice in interpretation and application of labor relations policies and procedures to operating department personnel. The Labor Relations Technician position (formerly Labor Relations Assistant) was recently vacated due to a promotion. The unit intends to fill the vacancy created from the promotion and establish the Labor Relations Analyst II in that position. This action would allow this to occur by canceling the Labor Relations Technician position and replacing it with the Labor Relations Analyst II position. The unit is currently in need of having additional Labor Relations Analysts to perform analyst-level work. CONSEQUENCE OF NEGATIVE ACTION: If this position change is not approved, the unit will not have the appropriate staffing levels to meet their business needs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Sanford 925.655.2070 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 52 To:Board of Supervisors From:Monica Nino, County Administrator Date:April 4, 2023 Contra Costa County Subject:Cancel one Labor Relations Technician position and add one Labor Relations Analyst II position in the County Administrator's Office. AGENDA ATTACHMENTS P300 - Labor Relations Analyst MINUTES ATTACHMENTS Signed P300 26142 POSITION ADJUSTMENT REQUEST NO. 26140 DATE 3/28/2023 Department No./ Department Health Services Budget Unit No. 0540 Org No. 6378 & 6308 Agency No. 18 Action Requested: Add two (2) PFT Physical Therapist I (V5VE) positions in org 6378, and add one (1) 24/40 part-time and one (1) full-time Registered Nurse (VWXG) positions in org 6308 in the Health Services Department (Represented) Proposed Effective Date: 4/5/2023 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0 Estimated total cost adjustment (salary / benefits / one time): Total annual cost increase $816,098 Net County Cost $0 Total this FY $204,025 N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% funded by Hospital Enterprise Fund I 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 3/29/2023 ___________________________________ ________________ 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 3/30/2023 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. 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 & 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. 26140 to add two (2) Physical Therapist I (V5VE) positions at salary plan and grade TC5-1651 ($7,296 - $8,868) and add one (1) PPT 24/40 and one (1) PFT Registered Nurse (VWXG) positions both at salary plan and grade L32-1880 ($11,542 - $14,414) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in an annual cost increase of approximately $816,098 with $189,862 in pension costs already included. This increase will be 100% funded by Hospital Enterprise Fund I. (Dept 0540 / Org 6378 & 6308) BACKGROUND: Unfunded and vacant positions within Health Services were eliminated during the initial phase of the Fiscal Year 2023 - 2024 budget development process. Unfortunately, position numbers 17428 and 17429 were unfunded while the Rehabilitation Therapy Services hiring managers were in the process of candidate interviews to fill the positions. The hiring managers therefore request to add two (2) newly funded Physical Therapist I positions so they can proceed with their interview process, make their final selection, and start the onboarding process with the chosen candidates. Historically, it has been beneficial to recruit and retain new graduates in the Physical Therapist I entry-level classification as the hiring managers have a teaching structure where they fully train their employees and help them grow professionally within Health Services so they can have the opportunity to promote into the Physical Therapist II classification. In addition, according to the Memorandum of Understanding (MOU) of the California Nurses Association (CNA), Section 33 specifies Safety which states that the County shall expend every effort to see that the work performed under the terms and conditions of the MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. To further this goal, the Contra Costa Regional Medical Center’s (CCRMC) Intensive Care Unit (ICU) commits to utilizing Registered Nurses assigned to conduct transport duties for patients who are critically ill and transport patients who are on cardiac monitors to and from diagnostic testing APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauren Jimenez, 925-957-5262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lauren Jimenez, Kathi Caudel, Linh Huynh, Ramona Lurvey-Hair, Karen Lloyd, Nancy Hendra C. 53 To:Board of Supervisors From:Anna Roth, Health Services Date:April 4, 2023 Contra Costa County Subject:Add Two (2) Physical Therapist I (V5VE) Positions & Add One (1) PPT and One (1) PFT Registered Nurse (VWXG) Positions in Health Services BACKGROUND: (CONT'D) and other procedures. This added assignment ensures patients' primary nurse remains in the nursing unit to care for their other patients and remain in compliance with the Nurse-to-Patient Ratio California AB394 and Meal & Rest Breaks California SB1334 laws. This service will be provided seven (7) days a week, eight (8) hours a day, and the nurses will communicate to the inpatient unit charge nurses when transporter services are available. The nurses will also assist and manage patients between units and departments, complete assessment and handoff protocol before transport/transfer, and other duties assigned. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, the Rehabilitation Therapy Services unit will continue to have recruitment and retention issues and will not be able to provide adequate and quality rehabilitation services to the public and in the Intensive Care Unit, managers will not uphold Section 33's Safety bargaining agreement stated in the California Nurses Association's (CNA) Memorandum of Understanding (MOU) and the County will be in violation of California AB394 and California SB1334. AGENDA ATTACHMENTS P300 No. 26140 HSD MINUTES ATTACHMENTS Signed P300 26140 POSITION ADJUSTMENT REQUEST NO. 26137 DATE 3/22/2023 Department No./ Department Health Services Budget Unit No. 0301 Org No. 5710 Agency No. A18 Action Requested: Increase the hours of one (1) Substance Abuse Counselor (VHVC) position #18447 from 32/40 to 40/40 in the Health Services Department. (Represented) Proposed Effective Date: 4/16/2023 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 $26,162.00 Net County Cost $0.00 Total this FY $6,541.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% 2011 Realignment, AB109 funding Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Larita Clow ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Sarah Kennard for 3/27/2023 ___________________________________ ________________ 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 3/28/2023 Approve Recommendation of Director of Human Res ources 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. 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 & 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 cons idered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current 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. 26137 to increase the hours of vacant Substance Abuse Counselor (VHVC) position #18447 from 32/40 to 40/40 at salary plan and grade TC5-1436 ($5,897 - $7,168) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in an annual increase cost of approximately $26,162, with $6,671 in pension cost included. The increase will be fully funded by 2011 Realignment AB 109 funding. BACKGROUND: The Health Services Department is requesting to increase the position hours from 32/40 to 40/40. The Detention 2011 Realignment AB 109 program has seen a significant shift in program offerings now focused on the mental health/substance abuse needs of detained patients in their Detention facilities. This increase in services require direct engagement from mental health staff, beginning with the Substance Abuse Counselor. The Substance Abuse Counselor will be responsible for providing individual and group counseling to those individuals experiencing problems related to substance abuse; and developing and implementing intervention and treatment plans related to substance abuse intervention and rehabilitation. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Department will not be able to address its Detention AB109 program's increase in services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Larita Clow, (925) 957-5244 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jo-Anne Linares, Jacqueline Kidd, Faye Ny, Larita Clow, Monica LaFleur, Kathi Caudel C. 54 To:Board of Supervisors From:Anna Roth, Health Services Date:April 4, 2023 Contra Costa County Subject:Increase the hours of one Substance Abuse Counselor position in the Health Services Department AGENDA ATTACHMENTS P300 No. 26137 HSD MINUTES ATTACHMENTS Signed P300 26137 POSITION ADJUSTMENT REQUEST NO. 26138 DATE 3/22/2023 Department No./ Department Health Services Budget Unit No. 0460 Org No. 5890 Agency No. 18 Action Requested: Add one Patient Financial Services Specialist (V9VB) in the Public Health California Children’s Services Unit within the Health Services Department. (Represented) Proposed Effective Date: 4/5/2023 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0 Estimated total cost adjustment (salary / benefits / one time): Total annual cost increase $123,846 Net County Cost $0 Total this FY $30,962 N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 17.5% County allocation and 82.5% State/Federal CCS Funds 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 3/27/2023 ___________________________________ ________________ 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 03/28/2023 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. 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 & 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): RESCIND Board action (Item C.37) taken on February 28, 2023 to reassign one Patient Financial Services Specialist; and ADOPT Position Adjustment Resolution No. 26138 to add one (1) Patient Financial Services Specialist (V9VB) at salary plan and grade 3RX-1176 ($4,547 - $5,806) in Public Health's California Children’s Services Unit within the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in an annual cost increase of approximately $123,846 with $27,020 in pension cost already included. This increase will be funded by 17.5% County General Fund allocation and 82.5% State/Federal CCS Funds. (Dept 0460, Org 5890) BACKGROUND: On February 28, 2023, the Department requested to reassign Patient Financial Services Specialist (V9VB) position #12448 from Hospital Financial Counseling (Dept 0540 / Org 6577) to Public Health's California Children’s Services - Admin unit (Dept 0460 / Org 5890); however, position no. 12448 was eliminated during the finance budget reconciliation which was effective on January 1, 2023. To correct this error, the Health Services Department requests to rescind the Board action (Item C.37) taken on February 28, 2023, and instead requests approval to add one full-time Patient Financial Services Specialist position for the Public Health's California Children’s Services - Admin unit. This position will support the program's needs with administrative tasks in determining financial eligibility for over 4,500 clients within the program. Duties and responsibilities include interviewing patients to identify sources of payment on all inpatient and outpatient accounts including possible eligibility for federal, State and County assistance including Medicare, Medi-Cal, Basic Health Care, Short-Doyle, Health Coverage Initiative and Healthy Families programs; assisting patients in the completion of applications for various health coverage programs; and educating patients regarding available options to reimburse the County for health care services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauren Jimenez, 925-957-5262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lauren Jimenez, Kathi Caudel, Christine Austin, Dora Regalado C. 55 To:Board of Supervisors From:Anna Roth, Health Services Date:April 4, 2023 Contra Costa County Subject:Rescind Board Order No. 52148 & Add One Patient Financial Services Specialist position in Health Services CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, the program activities at California Children's Services in Public Health will be negatively affected. AGENDA ATTACHMENTS P300 No. 26138 HSD MINUTES ATTACHMENTS Signed P300 26138 POSITION ADJUSTMENT REQUEST NO. 26133 DATE 2/23/2023 Department No./ Department Public Defender Budget Unit No. 0243 Org No. 2921 Agenc y No. 43 Action Requested: Add one (1) FT Admin Aide - Prj (AP73) and cancel one (1) ASAII-Prj (APV2) position 19558 and three (3) Legal Assistant-Prj (2Y71) positions 18789, 18790 in the Public Defender's Office. Proposed Effective Date: 3/22/2023 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 $86,287.02 Net County Cost $0.00 Total this FY $28,762.36 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT BSCC Public Defense Pilot Program Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Erica Ellis ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT E.Farrell (for Paul Reyes) 3/23/2023 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 3/23/2023 Add one (1) FT Admin Aide - Prj (AP73) at salary plan and grade C85 0972 ($3,726.20 - $5,780.56), cancel one (1) ASAII-Prj (APV2) position 19558 at salary plan and grade Z25 1475 ($6,129.06-$7,449.91), and cancel three (3) Legal Assistant-Prj (2Y71) positions 18789, 18790 & 18791 at salary plan and grade ZB5 1337 ($5,346.29 -$6,498.45) in the Public Defenders Office. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Carol Berger 3/23/2023 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 3/30/2023 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Paul Reyes 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 Public Defender Date 2/23/2023 No. 1. Project Positions Requested: Administrative Aide-Project 2. Explain Specific Duties of Position(s) The Administrative Aide-Project will act as project coordinator to support the post conviction unit's legal actions.The project coordinator will perform administrative and analytical tasks and create summaries and reports. 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) Name of project: BSCC Public Defence Pilot Program Name of funding source: 100% funded by BSCC Public Defence Pilot Program Purpose of project: To expand access to post-conviction relief services for indigent individuals in Contra Costa County. 4. Duration of the Project: Start Date 3/1/2022 End Date 3/1/2025 Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 3 years. 5. Project Annual Cost a. Salary & Benefits Costs: $1,381,714.50 b. Support Costs: $86,949.32 (services, supplies, equipment, etc.) c. Less revenue or expenditure: $1,468,663.88 d. Net cost to General or other fund: $0.00 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 a) No future costs. b) The department has committed to these positions to BSCC. c) The department will lose significant grant funding. d) None. e) No organizational implications. 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. Weare replacing a vacancy in the project coordinator position that had been served by an Admin Services III-Project. This will a) better suit our project needs and b) be less expensive. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indic ate the date that your cost / benefit analysis will be submitted Updated Cost Benefit on 8/31/2023.. 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. 26133 to add one (1) full-time Administrative Aide - Project (AP73) (represented) position at salary plan and grade C85 0972 ($3,726.20 - $5,780.56), cancel one (1) Administrative Services Assistant II - Project (APV2) (represented) position 19558 at salary plan and grade Z25 1475 ($6,129.06 - $7,449.91), and cancel three (3) Legal Assistant - Project (2Y71) (represented) positions 18789, 18790, and 18791 at salary plan and grade ZB5 1337 ($5,346.29 - $6,498.45) in the Public Defender's Office. FISCAL IMPACT: There is a net reduciton in annual salary and benefit costs of $412,000, with an approximate net cost reduction of $103,000 for FY 22/23. Although there will be a net reduction in salary and benefit cost, these position are fully funded through State grant revenue on a reimbursement basis. Therefore these position changes are cost neutral. BACKGROUND: The BSCC Public Defense Pilot Program has dramatically expanded access to post-conviction relief services for indigent individuals in Contra Costa County. This grant-funded project expands the post-conviction unit at the Public Defender and Alternate Defender Offices and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erica Ellis, (925) 335-8093 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Erica Ellis, HRIS C. 56 To:Board of Supervisors From:Ellen McDonnell, Public Defender Date:April 4, 2023 Contra Costa County Subject:Add one Administrative Aide-Project and cancel one Administrative Services Assistant II-Project and three Legal Assistant-Project positions BACKGROUND: (CONT'D) enables many eligible individuals to receive critical legal relief provided by recently enacted reforms in the areas of immigration vacatur, felony murder resentencing, youthful offender parole, and prosecutor-initiated resentencing. Multi-disciplinary teams including attorneys, a social worker and clerical staff support eligible clients throughout the legal process and will work to rectify inequitable sentences and to promote just outcomes for these individuals. CONSEQUENCE OF NEGATIVE ACTION: The Admin Aide-Project position will serve as the Project Coordinator of the Post-Conviction Unit. Not filling this crucial position will cause the Post-Conviction Unit project to lack a central person to coordinate day-to-day activities, as well as meet its administrative and budgetary needs. AGENDA ATTACHMENTS P300 26133 MINUTES ATTACHMENTS Signed P300 26133 POSITION ADJUSTMENT REQUEST NO. 26135 DATE 3/16/2023 Department No./ Department Health Services Budget Unit No. 0540 Org No. 6516, 6515, 6512,6569 Agency No. 18 Action Requested: Add three (3) Medical Records Technician (VNTB) positions with one position assigned in each of the following orgs: 6516, 6515, 6512; add one (1) PFT Medical Records Coder (VNTA) in org 6569; cancel two (2) PFT Clerk - Experienced Level (JWXB) position numbers 9886 and 13987; and cancel three (3) PFT Clerk - Senior Level (JWXC) position numbers 7180, 8674, and 9586 in the Health Information Management unit with in Health Services. (Represented) Proposed Effective Date: 4/5/2023 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0 Estimated total cost adjustment (salary / benefits / one time): Total annual cost savings ($24,235) Net County Cost $0 Total this FY ($6,059) N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% Cost Savings Hospital Enterprise Fund I 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 3/24/2023 ___________________________________ ________________ 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 3/30/2023 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. 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 & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 26135 to add three (3) PFT Medical Records Technician (VNTB) positions at salary plan and grade 3RX-1119 ($4,297 - $5,488); add one (1) PFT Medical Records Coder (VNTA) position at salary plan and grade 3R5-1288 ($5,093 - $6,191); cancel two (2) PFT Clerk - Experienced Level (JWXB) position numbers 9886 and 13987 at salary plan and grade 3RH-0750 ($3,571 - $4,431); and cancel three (3) PFT Clerk - Senior Level (JWXC) position numbers 7180, 8674, and 9586 at salary plan and grade 3RX-1033 ($3,946 - $5,040) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in an annual cost savings of approximately $24,235 with $6,180 of that amount being pension cost savings. The cost savings will be to the Hospital Enterprise Fund I. BACKGROUND: The Health Information Management (HIM) unit requests to add three (3) PFT Medical Record Technicians (MRTs) to decrease the overtime pay that has been ongoing within the unit due to the increased volume of work the unit has received. To meet the demands, the HIM unit must hire additional MRTs and assign one (1) MRT to the following locations: Martinez Health Center (Org # 6516), West County Health Center (Org # 6515), and Concord Health Center (Org # 6512). MRTs perform and are cross-trained in all aspects of HIM operations where they must maintain compliance with the release of information, conduct patient identity activities, and fulfill legal requirements. According to the website of the Medical Board of California, the Medical Board may take any action against the physician and/or business for failing to provide the records within the legal time limit. In order for the County to not be fined per violation, incumbents are working overtime to process patient requests. Adding the additional positions will provide more structure, save the County money by decreasing overtime pay, and will not risk getting fined by the State. In addition, the Patient Billing unit requests to add one (1) PFT Medical Records Coder (Org # 6569) which will be a part of the California Advancing and Innovating Medi-Cal (CalAIM) initiative as the Department of Health Care Services (DHCS) aims to reform Behavior Health APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lauren Jimenez, 925-957-5262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lauren Jimenez, Kathi Caudel, Linh Huynh, Sihina Tatum, Jr Ang, Michelle Fregoso C. 57 To:Board of Supervisors From:Anna Roth, Health Services Date:April 4, 2023 Contra Costa County Subject:Add 3 PFT Medical Records Technicians; Add 1 PFT Medical Records Coder; & Cancel 5 Clerk Positions in the Health Services Department BACKGROUND: (CONT'D) documentation requirements. To achieve this, DHCS will streamline and standardize clinical documentation requirements across Medi-Cal Specialty Mental Health Services (SMHS), Drug Medi-Cal (DMC), and Drug Medi-Cal Organized Delivery System (DMC-ODS) services. These new requirements will better align with the Centers for Medicare and Medicaid Services’ national coding standards and physical health care documentation practices. Effective July 1, 2023, the chart documentation requirement for SMHS, DMC, and DMC-ODS will be enforced. DHCS will monitor plans and counties for compliance with documentation standards and deviations from the standards will require corrective action plans. To ensure the County follows the state mandate, the Medical Records Coder will review all changes, review all code accounts, and make corrections to ensure the correct Current Procedural Terminology (CPT) code is being applied prior to billing claims being submitted for services provided. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, overtime pay in the Health Information Management (HIM) unit will not be addressed and the County will be fined by the State per violation if the County does not provide information exchange for clinical, legal, financial/billing purposes, and personal needs within the legal time limit. Also, the Patient Billing unit will not have appropriate staff to ensure compliance with mandated documentation requirements leaving the County at risk of audit and/or a corrective action plan from the Department of Health Care Services (DHCS) and reduced revenue for services provided. AGENDA ATTACHMENTS P300 No. 26135 HSD MINUTES ATTACHMENTS Signed P300 26135 1 LEASE CONTRA COSTA COUNTY DISTRICT IV SUPERVISOR 2255 CONTRA COSTA BLVD., SUITE 202 PLEASANT HILL, CA This lease is dated as of April 4, 2023, and is between 2255 CONTRA COSTA BOULEVARD ASSOCIATES, a California limited partnership (“Lessor”) and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the “County”). Recitals A. Lessor is the owner of the building located at 2255 Contra Costa Boulevard, Pleasant Hill, California (the “Building”). B. Lessor desires to lease to the County and the County desires to lease from Lessor that portion of the Building known as Suite 202, which is located on the second floor and consists of approximately 2,678 rentable square feet of floor space (the “Premises”), along with the non-exclusive use of one of the time-restricted parking spaces adjacent to the Building on a non-time-restricted basis. The parties acknowledge that the size of the Premises is an estimate and that, absent manifest error in the calculation of the size of the Premises, the amount of rent payable under this lease is as stated below. The parties therefore agree as follows: Agreement 1. Lease of Premises. In consideration of the rents and subject to the terms of this lease, Lessor hereby leases to the County and the County hereby leases from Lessor, the Premises. 2. Term. The “Term” of this lease is comprised of an Initial Term and, at the County’s election, a Renewal Term, each as defined below. a. Initial Term. The “Initial Term” is approximately 52 months, commencing on the Commencement Date, as defined in Exhibit A to this lease, and ending on August 31, 2027. b. Renewal Terms. The County has one option to renew this lease for a term of 4 years (the “Renewal Term”) upon all the terms and conditions set forth in this lease. i. The County will provide Lessor with written notice of its election to renew the lease at least 60 days prior to the end of the Initial Term. However, if the 2 County fails to provide such notice, its right to renew the lease will not expire until 15 working days after the County’s receipt of Lessor’s written demand that the County exercise or forfeit the option to renew. ii. Upon the commencement of the Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section. 3. Rent. The 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 Term, in the amounts set forth below: a. Initial Term Monthly Rent Commencement Date – August 31, 2024 $7,498.00 September 1, 2024 – August 31, 2025 $7,761.00 September 1, 2025 – August 31, 2026 $8,032.00 September 1, 2026 – August 31, 2027 $8,314.00 b. Renewal Term. Term Monthly Rent September 1, 2027 – August 31, 2028 $8,605.00 September 1, 2028 – August 31, 2029 $8,906.00 September 1, 2029 – August 31, 2030 $9,217.00 September 1, 2030 – August 31, 2031 $9,540.00 Rent for any fractional month will be prorated and computed on a daily basis with each day’s rent equal to one-thirtieth (1/30) of the monthly Rent. 4. Tenant Improvements. Lessor shall cause tenant improvements to the Premises to be completed as described in Exhibit A to this lease. 5. Use. The County may use the Premises for the purpose of conducting various functions of the County and any other purpose permitted by law. 6. Full-Service Lease. Subject to Section 7 – Maintenance and Repairs, this is a full-service lease. Lessor shall pay all the Building’s operating costs, including, but not limited to, all maintenance and repairs, real estate taxes, and building insurance. Lessor shall pay for all utilities, including but not limited to, gas and electricity, water, and sewer. In addition, Lessor shall pay for all pest control and refuse collection services provided to the Building. 3 7. Maintenance and Repairs. a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the Building in good order, condition, and repair, and shall maintain the structural integrity of the Building, including the exterior doors and their fixtures, closers and hinges, exterior windows, and the glass and glazing used in the Premises. b. Interior of Premises. The County shall keep and maintain the interior of the Premises in good order, condition and repair, but Lessor shall repair damage to the interior caused by its failure to maintain the exterior in good repair, including damage to the interior caused by roof leaks and/or interior and exterior wall leaks. The County shall maintain all locks and key systems used in the Premises. The County may install and maintain an alarm system, if deemed necessary by County. c. Utilities. Lessor shall repair and maintain the electrical, lighting, water and plumbing systems in good order, condition and repair. d. HVAC. Lessor shall maintain and repair the heating, ventilating, and air-conditioning (HVAC) systems. Normal HVAC operating hours are Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., excluding major holidays. The County is responsible for maintaining any supplemental cooling system unit it elects to add to the Premises, such as in the server room and shall reimburse Lessor the reasonable utility costs associated with any such system. e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the exterior lighting system, and landscaping in good order, condition and repair. The parties acknowledge that the parking lot is owned and maintained by third parties for the benefit of the Building, as well as other buildings in the shopping center that surrounds the Building. Lessor shall use reasonable efforts to ensure the parking lot is maintained in good order, condition and repair. f. Services by Lessor. If the County determines that the Premises are in need of maintenance, construction, remodeling or similar work that is beyond Lessor’s responsibilities under this lease, at the County’s request, Lessor shall perform the work at County’s expense. In performing the work, Lessor shall consult with the County and use either licensed insured contractors or employees of Lessor. Lessor shall obtain the County’s prior written approval of the scope, terms, and cost of any contracts. The County may, by giving Lessor 30 days prior written notice, change the scope of work, terminate any or all work, or require that work be performed by a different contractor. 8. Quiet Enjoyment. Provided the County complies with the material terms of this lease, Lessor shall warrant and defend the County in the quiet enjoyment and possession of the Premises during the Term. 4 9. Subordination, Non-Disturbance and Attornment. If at any time Lessor has a loan that is secured by a lien of a mortgage or deed of trust encumbering the Building, Lessor shall cause the lender(s) holding the lien to execute and deliver to County a Subordination, Non-Disturbance and Attornment Agreement that is in substantial conformity with Exhibit B. 10. Assignment and Sublease. County has the right to assign this lease or sublease the Premises or any part of the Premises at any time during the Term. Upon the assignment of the lease by County, the County will have no further obligation under the lease. Any proposed assignment of the lease is subject to the reasonable prior written approval of Lessor. 11. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor alterations to the Premises and (ii) attach fixtures (“County Fixtures”) in or upon the Premises. Any County Fixtures will remain the property of County and may be removed from the Premises by County at any time during the Term. The County is responsible for the cost of such minor alterations and County Fixtures. All alterations and County Fixtures are subject to Lessor’s approval and must comply with existing code requirements. 12. Prior Possession. Prior to the Commencement Date, the County has the right to install fixtures, telephones, alarm systems, and other items required to prepare the Premises for the County’s occupancy and to store furniture, supplies and equipment inside the Premises, provided such work and storage and can be effected without unduly interfering with Lessor’s completion of the tenant improvements. 13. Insurance. a. Liability Insurance. Throughout the Term, County shall maintain in full force and effect, at its sole expense, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use. County shall provide Lessor with a letter of self-insurance affirming the existence of the self-insurance program. b. Self-Insurance Exclusion. County’s self-insurance does not provide coverage for (i) areas to be maintained by Lessor under this lease, or (ii) negligence, willful misconduct, or other intentional act, error or omission of Lessor, its officers, agents, or employees. 14. Surrender of Premises. On the last day of the Term, or sooner termination of this lease, the County shall peaceably and quietly leave and surrender to Lessor the Premises, along with appurtenances and fixtures at the Premises (except County Fixtures), all in good condition, ordinary wear and tear, damage by casualty, condemnation, acts of God and Lessor’s failure to make repairs required of Lessor excepted. The County is not responsible for painting or for repairing or replacing any floor coverings in the Premises upon the expiration or earlier termination of this lease. 5 15. Waste, Nuisance. The County may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of any other occupant of the Building. 16. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by prior appointment during normal working hours to determine that (i) the Premises is being reasonably cared for, and (ii) the County is in compliance with the terms and conditions of this lease. 17. Perilous Conditions. If the County’s Director of Public Works becomes aware of a perilous condition on the Premises that, in his or her opinion, substantially and significantly threatens the health and safety of County employees and/or invitees (a “Perilous Condition”), the Director of Public Works, or his or her designee, will immediately notify Lessor of the Perilous Condition and Lessor shall use best efforts to immediately eliminate the Perilous Condition. Lessor shall immediately address any condition reasonably constituting an emergency, whether Lessor learns of the condition through County or otherwise. If Lessor fails to address a Perilous Condition within 24 hours after County’s notice or to immediately address an emergency, County may attempt to resolve the Perilous Condition or emergency. Lessor shall reimburse County for its reasonable costs incurred by County in addressing the Perilous Condition or emergency promptly upon receipt of County’s invoice. 18. Destruction. If damage occurs that causes a partial destruction of the Premises during the Term from any cause and repairs can be made within 60 days from the date of the damage under the applicable laws and regulations of government authorities, Lessor shall repair the damage promptly. Such partial destruction will not void this lease, except that the County will be entitled to a proportionate reduction in Rent while the repairs are being made. The proportionate reduction in Rent will be calculated by multiplying Rent by a fraction, the numerator of which is the number of square feet that are unusable by the County and the denominator of which is the total number of square feet in the Premises. If repairs cannot be made in 60 days, the County will have the option to terminate the lease or request that Lessor make the repairs within a reasonable time, in which case, Lessor will make the repairs and Rent will be proportionately reduced as provided in the previous paragraph. If the repairs cannot be made within 60 days or the cost of completing the repairs exceeds one year of Rent, then, in addition to being entitled to the proportionate reduction in Rent described above, the County may terminate this lease. This lease will terminate in the event of the total destruction of the Premises. 6 19. Hazardous Material. Lessor warrants to the County that Lessor does not have any knowledge of the presence of Hazardous Material (as defined below) or contamination of the Building or Premises in violation of environmental laws. Lessor shall defend, save, protect and hold the County harmless from any loss arising out of the presence of any Hazardous Material on the Premises that was not brought to the Premises by or at the request of the County, its agents, contractors, invitees or employees. Lessor acknowledges and agrees that the County has no obligation to clean up or remediate, or contribute to the cost of clean up or remediation, of any Hazardous Material unless such Hazardous Material is released, discharged or spilled on or about the Premises by the County or any of its agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this lease. “Hazardous Material” means any substance, material or waste, including lead-based paint, asbestos and petroleum (including crude oil or any fraction thereof), that is or becomes designated as a hazardous substance, hazardous waste, hazardous material, toxic substance, or toxic material under any federal, state or local law, regulation, or ordinance. 20. Indemnification. a. County. The County shall defend, indemnify and hold Lessor harmless from the County’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors, or omissions of the County, its officers, agents, employees, or invitees in using the Premises pursuant to this lease, or the County’s performance under this lease, except to the extent caused or contributed to by (i) the structural, mechanical, or other failure of buildings owned or maintained by Lessor, and/or (ii) the negligent acts, errors, or omissions of Lessor, its officers, agents, employees, or invitees. b. Lessor. Lessor shall defend, indemnify and hold the County harmless from Lessor’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors or omissions of Lessor, its officers, agents, employees, or invitees, with respect to the Premises, or Lessor’s performance under this lease, or the Lessor’s performance, delivery or supervision of services at the Premises, or by the structural, mechanical or other failure of buildings owned or maintained by Lessor, except to the extent caused or contributed to by the negligent acts, errors, or omissions of the County, its officers, agents, employees, or invitees. 21. Default. The occurrence of any of the following events is a default under this lease: 7 a. County. i. The County’s failure to pay Rent within ten business days after receipt of a written notice of failure (a “Notice”) from Lessor to County; provided, however, that the County will have additional time if its failure to pay Rent is due to circumstances beyond its reasonable control, including, without limitation, failure of the County’s Board of Supervisors to adopt a budget. In no event may such additional time exceed 75 days from receipt of a Notice. ii. The County’s failure to comply with any other material term or provision of this lease if the failure is not remedied within 30 days after receipt of a Notice from Lessor to the County specifying the nature of the breach in reasonably sufficient detail; provided, however, if the default cannot reasonably be remedied within the 30-day period, then a default will not be deemed to occur until the occurrence of the County’s failure to comply within the period of time that may be reasonably required to remedy the default, up to an aggregate of 90 days, provided the County commences curing the default within 30 days and thereafter diligently proceeds to cure the default. b. Lessor. Lessor’s failure to perform any obligation under this lease if the failure is not remedied within 30 days after receipt of a Notice from the County to Lessor specifying the nature of the breach in reasonably sufficient detail; provided, however, if the breach cannot reasonably be remedied within the 30-day period, then a default will not be deemed to occur until the occurrence of Lessor’s failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of 90 days, provided Lessor commences curing the breach within 30 days and thereafter diligently proceeds to cure the breach. 22. Remedies. a. Lessor. Upon the occurrence of a default by the County, Lessor may, after giving the County written notice of the default, and in accordance with due process of law, reenter and repossess the Premises and remove all persons and property from the Premises. b. County. Upon the occurrence of a default by Lessor, the County may (i) terminate this lease by giving written notice to Lessor and quit the Premises without further cost or obligation to the County, or (ii) subject to the limitations set forth in Section 18 above, proceed to repair or correct the failure and, at the County’s option, either deduct the cost thereof from Rent due to Lessor, or invoice Lessor for the cost of repair, which invoice Lessor shall pay promptly upon receipt. 23. Notices. Any notice required or permitted under this lease must be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows: 8 To Lessor: 2255 Contra Costa Boulevard Associates 2255 Contra Costa Blvd., Suite 305 Pleasant Hill, CA 94523 schaffermanagement@gmail.com To County: Contra Costa County Public Works Department Attn: Principal Real Property Agent 40 Muir Road Martinez, CA 94553 Either party may at any time designate in writing a substitute address for the address set forth above and thereafter notices are to be directed to such substituted address. If sent in accordance with this Section, all notices will be deemed effective (i) the next business day, if sent by overnight courier, or (ii) three days after being deposited in the United States Postal system. 24. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the parties hereto. 25. Holding Over. Any holding over after the Term of this lease is a tenancy from month to month and is subject to the terms of this lease. 26. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the essence. 27. Governing Law. The laws of the State of California govern all matters arising out of this lease. 28. Severability. In the event that any provision of this lease is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this lease will not in any way be affected or impaired. 29. Real Estate Commission. In negotiating this lease, Lessor is represented by Colliers Parrish International, Inc., and the County represents itself. Lessor shall pay a real estate commission to Colliers Parrish International, Inc. pursuant to a separate written agreement. Lessor recognizes and acknowledges that the County is entitled to a real estate commission when it represents itself. The County warrants to Lessor that the County’s contact with Lessor in connection with this lease has been directly with Colliers Parrish International, Inc. Lessor shall pay to the County a real estate commission equal to $12,587.40 as follows: one-half upon the execution of this lease and one-half on the Commencement Date. Lessor warrants that no other broker or finder, other than Colliers Parrish International, Inc. and the County, can properly claim a right to a leasing commission or a finder’s fee 9 based upon contacts with the County with respect to the Building. Lessor and the County shall indemnify, defend, protect, and hold each other harmless from and against any loss, cost, or expense, including, but not limited to, attorneys’ fees and costs, or the payment of a real estate commission to any party, other than Colliers Parrish International, Inc. and the County, resulting from any claim for a fee or commission by any broker or finder, in connection with the Building and this lease. REMAINDER OF THIS PAGE IS BLANK 10 30. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties prepared it. This lease may be modified only by a writing signed by both parties. The parties are executing this lease as of the date set forth in the introductory paragraph. COUNTY OF CONTRA COSTA, a 2255 CONTRA COSTA BOULEVARD political subdivision of the State of ASSOCIATES, a California limited California partnership By: _______________________ By: _______________________ Brian M. Balbas Dave Bowie Director of Public Works Authorized Agent RECOMMENDED FOR APPROVAL: By: _______________________ Jessica L. Dillingham Principal Real Property Agent By: _______________________ Stacey Sinclair Senior Real Property Agent APPROVED AS TO FORM THOMAS L. GEIGER, COUNTY COUNSEL By: _______________________ Kathleen M. Andrus Deputy County Counsel \\PW-DATA\grpdata\realprop\LEASE MANAGEMENT\PLEASANT HILL\2255 CONTRA COSTA BLVD. STE 202 - T00\LEASES\Working File\2255 Contra Costa Blvd_Suite 202_lease FINAL.doc 11 EXHIBIT A TENANT IMPROVEMENTS I. Tenant Improvements. Lessor shall cause the following improvements to be made to the Premises (together, the “Tenant Improvements”): i. Reconfigure the office marked “Office 1” on Exhibit A-1 – Space Plan, (i) to be 10’ x 12’, as shown on the Exhibit A, and (ii) install a door for Office 1 as shown on Exhibit A-1. ii. Construct a coat closet with a door in the space between the kitchen and “Office 1,” as shown on Exhibit A-1. iii. Install a glass “sidelight” adjacent to the doors of the offices marked “Office 1”, “Office 2,” “Office 3,” “Office 4,” and “Office 6,” as shown on Exhibit A- 1. iv. Install a door between the work room and the conference room, as shown on Exhibit A-1. v. Install a glass window between the reception area and the conference room, as shown on Exhibit A-1. vi. Install a new refrigerator, microwave and upper and lower cabinetry in the kitchen using mutually agreed upon brands and finishes. vii. Install Vinyl Composition Tile in the kitchen using a mutually agreed upon color and product. viii. Paint the interior of the Premises in mutually agreed upon colors. ix. Replace carpet using a mutually agreed upon product and color. x. Install two dedicated outlets in the work room where indicated by the outlet symbol. xi. Install one outlet mounted on the floor in the center of the conference room. xii. Replace mini blinds in all “Offices” with roller shades in a mutually agreed upon color. xiii. Once equipment selections have been made by the County for the work room, install power plugs in the work room (1) in the locations specified by the County, and (2) in the size(s) specified by the County. 12 xiv. Install building standard signage, using mutually agreed upon wording to describe the Premises, in the ground floor lobby directory, the directory on the second floor and at the entrance to the Premises. II. Completion Notice; Inspection; Substantial Completion Date. i. When Lessor deems the Tenant Improvements to be Substantially Complete, as defined below, Lessor shall tender delivery to County by delivering a notice to that effect to the County (a “Completion Notice”). For purposes of this lease, “Substantially Complete” means (1) there is no incomplete or defective work that unreasonably interferes with County’s use of the Premises, (2) the scope of work has been properly executed in accordance with the attached space plan, and (3) all utilities are hooked up and available for use by County in the Premises. ii. Upon receipt of the Completion Notice, a representative of the County, and a representative of the County will immediately inspect the Premises for the purpose of establishing that the Tenant Improvements are Substantially Complete. Once the County is satisfied that the Tenant Improvements appear to be Substantially Complete, the County will so indicate by countersigning the Completion Notice. The Premises will be deemed delivered to County on the day that the County countersigns the Completion Notice (the “Commencement Date”). III. Punchlist. The County has 60 days from the Commencement Date to provide Lessor with a written list of any items that are defective or incomplete (a “Punchlist”). The County’s failure to specify a item on the Punchlist, however, does not waive Lessor’s obligation to construct the Tenant Improvements in accordance with this lease. Lessor shall remedy all items on the Punchlist as soon as practicable and in any event within 30 days of Lessor receiving the Punchlist. If Lessor fails to remedy all items on the Punchlist within the 30-day period (exempt as to items, if any, that require more than 30 days to complete), then County may, upon 20 days prior notice to Lessor, complete any Punchlist items and deduct the cost of such work from the Rent next coming due under the lease. 13 EXHIBIT A-1 SPACE PLAN RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with 2255 Contra Costa Boulevard Associates, LP, for approximately 2,678 square feet of office space located at 2255 Contra Costa Boulevard, Suite 202, in Pleasant Hill, for use by the District IV Supervisor, for a term of approximately 52 months, with one option to renew for an additional four years, with annual rent of approximately $89,976.00 for the first year and annual increases thereafter. FISCAL IMPACT: The lease will obligate the County to pay rent of approximately $409,252.00 over the 52-month term of the lease. (Org# 1104 100% General Fund) BACKGROUND: The District IV Supervisor and staff have occupied offices in Concord since 2006. The proposed new office is more centrally located within District IV, with easy access to the freeway and free parking. The new office also provides modern amenities for staff. CONSEQUENCE OF NEGATIVE ACTION: If the lease is not approved, District IV staff will remain in their current location until a different location can be found. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 58 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Lease of Office Space at 2255 Contra Costa Boulevard in Pleasant Hill for the District IV Supervisor. ATTACHMENTS Lease RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract amendment with the California Department of Food and Agriculture to increase the reimbursement limit by $10,867 to a new amount not to exceed $409,171 to control Glassy-winged sharpshooter infestations, with no change to the term. FISCAL IMPACT: This agreement will reimburse the County for all associated costs incurred for the implementation of the Pierce's Disease Control Program, in an amount not to exceed $409,171. This revenue has been anticipated in the FY22/23 budget. (100% State, No County Match) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Matt Slattengren, 925-608-6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 59 To:Board of Supervisors From:Matt Slattengren, Ag Commissioner/Weights & Measures Director Date:April 4, 2023 Contra Costa County Subject:Contract Amendment with California Department of Food and Agriculture for Pierce's Disease Program (GWSS) BACKGROUND: The County's Department of Agriculture deploys traps, inspects incoming nursery shipments, landscaping and host crops county-wide to detect incipient infestations of Glassy-Winged Sharpshooter (GWSS). Any population of GWSS detected is delimited and controlled or eradicated. The California Department of Food and Agriculture reimburses the County for all costs, not to exceed $409,171, for this two-year program. Pierce's Disease and its vectors are a clear and present danger to Contra Costa County's agricultural commodities. The Agricultural Commissioner can abate this nuisance pursuant to Contra Costa County Ordinance Code Section 14-6.406 and Government Code Section 8558. The increase in funds is due to additional work that was required to cover outbreaks at high risk nurseries. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this contract amendment will result in loss of anticipated revenue for the County and a possible threat to local agriculture. RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California Department of Food and Agriculture to receive reimbursement in an amount not to exceed $849,196 for the County to provide pest detection and trapping services for the period July 1, 2022 through June 30, 2023. FISCAL IMPACT: Agreement will reimburse the County for expenses incurred in an amount not to exceed $849,196 during the period July 1, 2022, through June 30, 2023, for pest detection and trapping services performed on behalf of the California Department of Food and Agriculture in Contra Costa County. This revenue has been budgeted in FY 22/23. (100% State, No County Match) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925-608-6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 60 To:Board of Supervisors From:Matt Slattengren, Ag Commissioner/Weights & Measures Director Date:April 4, 2023 Contra Costa County Subject:Pest Detection Trapping Agreement BACKGROUND: The County shall provide for the placement and servicing of traps for the detection of exotic insect pests, which are considered hazardous to agriculture and the economy of California. The insects may include but are not limited to the Mediterranean Fruit Fly, Mexican Fruit Fly, Oriental Fruit Fly, Melon Fly, Gypsy Moth, and Japanese Beetle. This agreement includes delimitation work associated with the detection of one or more life stages of target pests in the County, which involves placement of additional traps around the detected pest(s) to determine the severity of the infestation. The service term is July 1, 2022, through June 30, 2023. This agreement includes an indemnification provision, which obligates the County to indemnify and defend the State for claims or losses arising out of the performance of this agreement. This cont ract is being processed retroactively because the California Department of Food and Agriculture's Pest Detection Unit has been going through an administrative reorganization and is late with all of their state contracts. The Pest Detection Contracts have just went out for all of the counties statewide. The Department has been fulfilling the contract obligations in anticipation of the State contract execution. CONSEQUENCE OF NEGATIVE ACTION: A negative action would result in the loss of revenue to the County and possible threat to the local agriculture and residents of Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the District Attorney, or designee, to apply for and accept the Smart Prosecution – Innovative Prosecution Solutions Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance in an amount not to exceed $385,000 for a Community Violence Response Program for the period October 1, 2023 through September 30, 2025. FISCAL IMPACT: County will receive up to $385,000 over the entire grant period. No match is required. BACKGROUND: The Bureau of Justice Assistance Smart Prosecution – Innovative Prosecution Solutions Grant aims to assist prosecutors in developing innovative and effective strategies to improve public safety. The Contra Costa Office of the District Attorney seeks to implement a Community Violence Response Program (“CVRP”) utilizing funding from the Bureau of Justice Assistance Smart Prosecution – Innovative Prosecution Solutions Grant. The purpose of the CVRP is to reduce gun violence by addressing the community harm caused by non-fatal shootings. Project APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monica Carlisle, 925-957-2234 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 61 To:Board of Supervisors From:Diana Becton, District Attorney Date:April 4, 2023 Contra Costa County Subject:Bureau of Justice Assistance Smart Prosecution – Innovative Prosecution Solutions Grant Application BACKGROUND: (CONT'D) activities include hiring and training victim advocates to use evidence-based and trauma-informed strategies to respond to non-fatal shootings and provide services to victims and witnesses of gun violence at the earliest practical moment after a shooting incident occurs. Expected outcomes include the development of a team of violence response specialists assigned to both Antioch and Richmond; provision of services to underserved communities affected by gun violence; a reduction in gun violence based on access to support and resources; and regular program assessments. Today's action authorizes the District Attorney, or designee, to submit the grant proposal to the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) for consideration. CONSEQUENCE OF NEGATIVE ACTION: The County will be unable to apply for the Bureau of Justice Assistance Smart Prosecution – Innovative Prosecution Solutions Grant to fund a Community Violence Response Program to reduce gun violence by addressing the community harm caused by non-fatal shootings. \\pw-data\grpdata\engsvc\ENVIRO\Real Prop.-Real Estate\License Agreement-11350 Byron Highway (Vornhagen) (WL83PV)\CEQA\NOE\To DCD\CP#22-42 NOE License Agreement-11350 Byron Highway.docx Revised 2018 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 From: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 County Clerk, County of Contra Costa Project Title: License Agreement for 11350 Byron Highway, Project #: WL83PV (FS 210-0215), CP#: 22-42 Project Applicant: Contra Costa County Public Works Dept., 255 Glacier Drive, Martinez CA 94553 Main: (925) 313-2000, Contact: Shravan Sundaram, (925) 313-2366 Project Location: 11350 Byron Highway, Brentwood, CA 94513; APN 011-140-011 Lead Agency: Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553 Main: (925) 655-2705, Contact: Syd Sotoodeh (925) 655-2877 Project Description: The Contra Costa County Public Works Department (County) and Kevin and Deneen Vornhagen (Licensee) will enter into a License Agreement (Agreement) for Licensee to use a portion of approximately 650 square feet of subsurface County right-of-way adjacent to their property for the purpose of operating, maintaining, or replacing if damaged, a 14-inch underground irrigation line. In 2014, the County issued an encroachment permit to a construction contractor for installation of the private 14-inch irrigation line under Byron Highway with bore pits located outside the asphalt concrete pavement. That permit expired under the stipulation that there will need to be an Agreement in place after expiration. This Agreement will be effective for a 10-year term between February 7, 2023, and January 31, 2033, unless otherwise terminated earlier by County or Licensee as per conditions set forth in the Agreement. Additionally, County and Licensee may extend the Agreement for an additional five years. This Notice of Exemption covers the Agreement between the County and Licensee only. The Licensee will be responsible to comply with applicable local, state, or federal regulatory environmental requirements associated with their irrigation operations described above, including any necessary CEQA documentation and applicable regulatory permits. Exempt Status: Ministerial Project (Sec. 21080[b][1]; 15268) Categorical Exemption (Sec. ) Declared Emergency (Sec. 21080[b][3]; 15269[a]) General Rule of Applicability (Sec. 15061[b][3]) Emergency Project (Sec. 21080[b][4]; 15269[b][c]) Other Statutory Exemption (Sec. ) Reasons why project is exempt: The activity is not subject to CEQA as it can be seen with certainty that there is no possibility that the activity in question (issuance of Agreement only) may have a significant effect on the environment, pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines. If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: _____________ Title: Contra Costa County Department of Conservation and Development Signed by Lead Agency Signed by Applicant 01/31/2023 Senior Planner \\pw-data\grpdata\engsvc\ENVIRO\Real Prop.-Real Estate\License Agreement-11350 Byron Highway (Vornhagen) (WL83PV)\CEQA\NOE\To DCD\CP#22-42 NOE License Agreement-11350 Byron Highway.docx Revised 2018 AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant Department of Fish and Wildlife Fees Due Public Works Department De Minimis Finding - $0 255 Glacier Drive County Clerk - $50 Martinez, CA 94553 Conservation and Development - $25 Attn: Shravan Sundaram Environmental Services Division Phone: 313-2366 Total Due: $75 Receipt #: Vicinity Map Contra Costa County -DOIT GIS Legend 1:2,257 Notes0.10.04 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.1 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. APN 011-140-011 Map Board of Supervisors' Districts City Limits Unincorporated Streets Building Footprints Assessment Parcels World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations APN 011-140-011 Proposed License Agreement Area of approximately 680 Square Feet License Agreement Area Map RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with Kevin & Deneen Vornhagen for an initial term commencing April 4, 2023, and ending April 4, 2038, with one possible five-year extension, for payment to the County of $4,650, in connection with a subsurface irrigation line in the County’s Byron Highway right of way adjacent to Assessor’s Parcel No. 011-140-011, pursuant to Government Code section 25526.5 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 Categorical Exemption Article 5, Section 15061 (b)(3) of the CEQA Guidelines. DIRECT the Director of the Department of Conservation and Development (DCD), or designee, to file a Notice of Exemption (NOE) with the County Clerk. AUTHORIZE the Public Works Director, or designee, to arrange for payment of a $25 fee to DCD for processing the NOE, and a $50 fee to the County Clerk for filing the NOE. DIRECT the Real Estate Division to cause said License to be delivered to Licensee for execution. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Brandon Mielke, 925-957-2489 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 62 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:APPROVE a License Agreement with Kevin & Deneen Vornhagen, Brentwood area. FISCAL IMPACT: 100% applicant fees. (FS 2100215) BACKGROUND: Kevin & Deneen Vornhagen do not have sufficient irrigation necessary for water distribution on their property. In 2014, the County issued an Encroachment Permit (Permit) to Sizemore Construction for the purpose of boring and installing a 14-inch irrigation line under Byron Highway of approximately 650 square feet adjacent to Assessor’s Parcel Number: 011-140-011. The Permit required the Licensee to enter into a License Agreement to allow for said use of irrigation line once construction was completed and will not substantially interfere with the use of the roadway. CONSEQUENCE OF NEGATIVE ACTION: If this License is not approved, the Vornhagen’s will not be held liable for any damage that may occur to and/or under Byron Highway from said private irrigation line failure. ATTACHMENTS License Agreement CEQA Notice of Exemption RECOMMENDATION(S): APPROVE and AUTHORIZE the County Librarian, or designee, to accept California State Library grant funding in the amount not to exceed $600,000 to meet the operational and services expenses required by Project Second Chance, the Contra Costa County Library adult literacy program, to provide English as a Second Language (ESL) services for the period July 1, 2023 to June 30, 2026. FISCAL IMPACT: Funds committed to Project Second Chance by the Contra Costa County Library will be matched by the California State Library at a level of 18%. For fiscal year 2023-24, the Library has pledged ESL funds currently budgeted in the amount of $34,488. The County match contribution over the three-year grant period will be approximately $105,000. BACKGROUND: Project Second Chance was founded in 1984 with a grant from the California State Library. In 2003, AB 1266 was passed. Article 4.6, Section 18880-18884 of that bill, established the California Library Literacy and English Acquisition Services Program and the formula that determines how local funds, generated by individual APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Walt Beveridge 925-608-7730 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 63 To:Board of Supervisors From:Alison McKee, County Librarian Date:April 4, 2023 Contra Costa County Subject:Accept Funding from the California State Library for English as a Second Language Services for FYs 2023-2024 through 2025-2026 BACKGROUND: (CONT'D) library jurisdictions, are matched by the California State Library, using funds legislated specifically for this purpose. The 2021-22 California State Budget included $15 million in supplemental funding for ESL services to be awarded by the California State Library through grants to existing California Library Literacy Services programs over a five-year period. CONSEQUENCE OF NEGATIVE ACTION: The Library will not receive California State Library funding for English as a Second Language services, reducing the number of community members who can be served. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to apply for a non-competitive funding allocation from the California Department of State Hospitals (DSH), in an amount not to exceed $8,718,750, to participate in the California Department of State Hospitals Incompetent to Stand Trial Diversion and Community Based Restoration Infrastructure Project and commit to entering into a service contract with DSH, in an amount not to exceed $9,675,000 annually to provide ongoing services to program participants and maintain any capital facilities funded by this allocation. FISCAL IMPACT: Upon final acceptance, the County will receive allocated funds from DSH through their administrator, Advocates for Human Potential, to develop residential treatment and housing facilities. The County will receive an allocation of up to $8,718,750 at a rate of $93,750 per bed annually for up to 93 beds. As part of the terms of this grant, the County will be required to enter into a separate service contract to provide an operating budget for the program which is inclusive of wraparound services for program participants, County overhead, justice partner funding, violence risk assessment support, and court liaisons. Costs in excess of the operating budget would be the responsibility of the County. There is no required County match. BACKGROUND: The State of California has made $468.8 million in one-time funds available to develop residential housing settings to support individuals who are participating in either DSH-funded diversion or community-based restoration (CBR) programs to address a housing capacity deficit of nearly 5,000 beds to service this population statewide. Contra Costa is projected to receive up to $8,718,750 to develop a proposed 93 beds. The proposed funding will provide $93,750 per bed for start-up costs such as down payments, renovation, necessary retrofitting and furnishings for staff and patients. By participating in this funding opportunity the County will agree to a restrictive covenant on property for 20-30 years from the date of the award. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 64 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Apply for Non-Competitive Allocation from the Department of State Hospitals for residential treatment homes and facilities BACKGROUND: (CONT'D) As conditioned by accepting this funding allocation the County will also agree to enter into a separate service contract with DSH to fund the ongoing operation of the developed beds. The County will receive $125,000 per felony IST client treated in either CBR or diversion program. This rate is intended to fund an intensive community treatment model with increased frequency of clinical contacts and access to psychiatry services, as well as all wraparound services and housing costs for an average 18-month length of stay. Contra Costa is allocated up $9,675,000 for annual costs of operating this program including any debt service to the property, future maintenance, County overhead, and court related costs. Applications for this program will be accepted through June 30, 2024 with benchmark periods closing on May 1, 2023, November 1, 2023 and May 1, 2024. Award letters will be issued approximately 30 days following the closing of a benchmark period where a completed application is received. Funds for capital development must be expended by June 30, 2028. If awarded, the Department will return to the Board for approval of final award acceptance and contract approval upon receipt of the of the contract from Advocates for Human Potential. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County would not receive funds for the development of residential treatment options and programing for individuals participating in felony diversion programs leading to backlogs and extended incarceration periods for individuals who may be eligible for the program. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to apply for a non-competitive allocation in an amount not to exceed $20,488,722, made available by the California Department of Health Care Services (DHCS) through its Behavioral Health Bridge Housing Program (BHBH) to fund and operate bridge housing settings to address immediate housing needs for people experiencing homelessness who have serious behavioral health conditions. FISCAL IMPACT: Upon final acceptance the County will receive allocated funds from DHCS through their administrator, Advocates for Human Potential, to develop bridge housing options. Seventy-five percent (75%) of the maximum allocation must be used for operating bridge housing. Twenty-five percent (25%) of the allocation may be used for capital development. There is no County match required, however ongoing facility maintenance, program costs and any debt service would be the County's responsibility. The department will provide any estimates for additional County contribution that may be required upon final award and contract approval. BACKGROUND: The State of California has made $907 million in one-time funds available to develop bridge housing to serve individuals with serious behavioral health conditions, including serious mental illness (SMI) and/or substance use disorders who are experiencing homelessness. Awarded funds may be used to address community needs. Proposed funding uses must include: voluntary supportive services, support or medication assisted treatment and psychotropic medications, prioritize Community Assistance, Recovery & Empowerment Act (CARE) Program participants, provide housing navigation and other supports, enable people to stay in their “home” communities to the extent possible and maximize other available funding sources including Medi-Cal. Counties may use funds for a variety of activities including program implementation, outreach and engagement, bridge housing including shelter/interim housing, rental assistance, funding for assisted living facilities, housing navigation and infrastructure development. Innovative models are encouraged to bring resources that can quickly be converted online within one year of contract execution. Program costs to support capital developments may also be supported from this funding. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 65 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Apply for Non-Competitive Allocation for the Department of Health Care Services Behavioral Health Bridge Housing Program BACKGROUND: (CONT'D) Applications for this funding must demonstrate agreement to meet minimum administrative and reporting requirements. Administrative requirements include: designating a program lead; coordination with local continuum of care; include perspective from individuals with lived experience; submittal of policies and procedures for assistance funds, rental assistance and landlord outreach and mitigation funds as applicable, documentation of applicable infrastructure requirements; and a BHBH Program Plan. Applications for this program will be accepted through April 28, 2023. Awards will be announced on a rolling basis beginning in June 2023. Programs, including capital investments, are expected to be fully operational within one year of contract execution. If awarded, the Department will return to the Board for approval of final award acceptance and contract approval upon receipt of the contract from Advocates for Human Potential. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the County would not receive funds for the development of the Behavioral Health Bridge Housing program to create bridge housing options for individuals experiencing homelessness and living with serious behavioral health conditions. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:3 John Gioia Candace Andersen Diane Burgis NO: ABSENT:2 Ken Carlson Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2023/107 IN THE MATTER OF: Applying for and Accepting the 2023 U.S. Department of Justice, Office of Justice Programs, DNA Program Backlog Reduction Grant. WHEREAS, the County of Contra Costa is seeking funds available through the U.S. Department of Justice; NOW, THEREFORE, IT BE RESOLVED, that the Board of Supervisors authorizes the Sheriff-Coroner, Undersheriff or the Sheriff's Chief of Management Services, to execute for and on behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance including grant modification and extensions provided by the U.S. Department of Justice. Contact: Abigail Balana, 925-655-0008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2023/107 authorizing the Sheriff-Coroner, Undersheriff, or Chief of Management Services, to apply for and accept the U.S. Department of Justice Programs, DNA Program Backlog Reduction Grant in an initial amount of $251,941 to reduce the number of backlogged DNA tests in the Sheriff's Criminalistics Laboratory for the period of October 1, 2023 through the end of the grant period. FISCAL IMPACT: No County costs. Initial revenue: $251,941, 100% Federal revenue, no County match required. BACKGROUND: The Contra Costa County, Office of the Sheriff, Forensic Services Division operates an ANAB Accredited Crime Laboratory to provide County-wide Forensic DNA testing services. The DNA Capacity Enhancement for Backlog Reduction Grant funds are needed to ensure the efficient processing of DNA evidence. Grant funds have been used in the past to purchase scientific equipment allowing for high throughput DNA extraction, quantification and detection. In addition, funding supports DNA analysts who process DNA samples collected at crime scenes to aid in criminal investigations and prosecutions. The 2023 DNA Capacity Enhancement for Backlog Reduction Program Grant will be used to support DNA analysts, acquire advanced technology, consumables and provide state-of the art forensic DNA testing to law enforcement agencies in the Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Abigail Balana, 925-655-0008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 66 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:April 4, 2023 Contra Costa County Subject:2023 DNA Capacity Enhancement for Backlog Reduction Program CONSEQUENCE OF NEGATIVE ACTION: A decision not to pursue grant funding will increase the DNA case backlog, increase the turnaround time for DNA sample processing, and contribute to delays in criminal prosecutions. AGENDA ATTACHMENTS Resolution 2023/107 MINUTES ATTACHMENTS Signed Resolution No. 2023/107 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Sheriff's Deputy Emily Neabeack to pay the County $1.00 for retired Sheriff’s Service Dog "Loizo" on April 5, 2023. FISCAL IMPACT: None BACKGROUND: On December 18, 2007, the Board of Supervisors approved Board Resolution No. 2007/172, which authorized the transfer of ownership of retired police canine (K-9) service dogs to their respective handlers for minimal ($1.00) consideration. Police dogs typically reach the end of their useful service lives around the age of 8 years. Although the approximate costs of purchasing a police dog ($11,000) and training it ($8,000) are substantial, the service received from these dogs is well worth the expenditure. However, upon their retirement from service, the dogs cease being a financial “asset” and instead become a continuous expense. By transferring ownership of the dog to its handler, all ongoing expenses are absorbed by the handler in exchange for his/her dog’s companionship in the sunset years of the dog’s life. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Abigail, Balana 925-655-0008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 67 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:April 4, 2023 Contra Costa County Subject:Transfer of K-9 Service Dog Loizo BACKGROUND: (CONT'D) On rare occasions, the K-9 handler is unable to accept ownership of his/her retired service dog. In these situations the Sheriff’s Office seeks authorization to transfer ownership of retired K-9s to private citizens whom the Office of the Sheriff has determined to be suitable to accept the dog. In exchange for a minimal ($1.00) consideration for the transfer of ownership, the new owner will assume all costs – food, shelter, veterinary, licensing, and liability – for the dog. RECOMMENDATION(S): APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute contract cancelations for prior overlapping agreements and execute a new contract including modified indemnification with Pacific Storage Company in an amount not to exceed $90,000 to provide climate-controlled storage of microfilm records for the period June 4, 2022 through June 4, 2024. FISCAL IMPACT: The total cost will not exceed $90,000, and is associated with the Clerk-Recorder's dedicated micrographics and modernization fund. The agreement would have no impact to general fund monies. BACKGROUND: The Clerk-Recorder contracts with Pacific Storage Company to provide secure climate-controlled facilities to accommodate the department's thirteen 2500 lbs. fireproof safes containing microfilm records. Pacific Storage Company stores department records in state of the art facilities, utilizes online inventory systems, and provides responsive customer service. The department selected Pacific Records Storage as the best available option for these services through its established track record. The pricing schedule remains unchanged since the original 2018 agreement. The original 2018 agreement (contract #48008) with Pacific Storage Company was extended to terminate on June 4, 2024, however that agreement eventually reached its payment limit and could not be amended further due to a clerical error with the contractor's identifying details. Another agreement was executed effective October 1, 2022 (contract #4973000), however this agreement created a lapse in contractual protections for the County from June 4 through September 30, 2022 pending the prior agreement's cancelation. This prompted the proposed new agreement, backdated to June 4, 2022, to correct the previous oversight and maintain continual contractual protections for the County's stored records. The contract has been approved as to legal form. It differs from the County's standard form in that it limits the contractor's liability to capped rates for losses that result from contractor's negligence and does not require the contractor to provide legal defense for the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925.335.7997 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 68 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Date:April 4, 2023 Contra Costa County Subject:Cancellations and New Contract for Microfilm Storage CONSEQUENCE OF NEGATIVE ACTION: Should the Board not authorize the recommended action, the Department would need to attempt to identify another local and trustworthy provider for climate controlled storage. Costs and liability associated with relocating stored microfilm to a new vendor could be substantial. There would also be the potential for higher rates charged for services, and/or lower quality of services rendered. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement (contract) with Robinson Mills + Williams in an amount not to exceed $750,000, to provide on-call architectural services for various County facilities projects, Countywide, for the period April 4, 2023 through April 3, 2026 with a one-year extension option to April 3, 2027, if elected by the Public Works Director. FISCAL IMPACT: 100% Various Funds. Projects will be assigned to the on-call architect when there is an approved project and funding. BACKGROUND: The purpose of the on-call contract is to provide architectural services for various County facilities projects as they occur during the agreement period. When the Public Works Department receives a project request, it will be determined at the time whether or not it would be prudent to utilize this on-call architect. The on-call architect will provide typical architectural services, such as programming, design and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Jeffrey K. Acuff 925-9570-2487 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 69 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Consulting Services Agreement for On-Call Architectural Services with Robinson Mills + Williams, Countywide. BACKGROUND: (CONT'D) construction administration. The type, size and location of projects will vary. Typical projects may include new construction, building renovations/modernizations, remodeling of the entirety or parts of a building, tenant improvements, exterior restorations, mechanical/electrical/plumbing upgrades, structural improvements, code-related improvements, and deferred maintenance. Having this on-call agreement in place will save the County time and money when compared to the time and expense in conducting a consultant selection process on a project-by-project basis and allow the design phase to commence sooner and provide for a shorter project completion schedule. Robinson Mills + Williams was selected through a competitive qualifications-based selection process. The Public Works Department solicited Statements of Qualifications (SOQs) and received twenty. Twelve firms were shortlisted. A selection committee comprised of County staff conducted interviews and ranked the shortlisted firms. Public Works recommends that the above firm, which is one of the six highest ranked firms, be awarded the on-call agreement at this time. The agreement includes a single one-year extension option that can be exercised by the Public Works director, if he chooses. Government Code Section 31000 authorizes the County to contract for services including the type of architectural services that Robinson Mills + Williams provides. CONSEQUENCE OF NEGATIVE ACTION: If the agreement is not approved, the County will not be able to take advantage of the time and cost savings possible through utilization of this on-call architectural services agreement. CLERK'S ADDENDUM RELISTED to a future date uncertain. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller to issue payment on behalf of Employment and Human Services Department to BIT California, LLC d.b.a Document Fulfillment Services pursuant Exhibit A Scope of Work Section 1.2.2.2 of Subcontract Agreement between Gainwell and BIT California in an amount not to exceed $2,487,749 to replenish monthly the CalSAWs Central Print Contra Costa County postage account for the period April 5, 2023 through March 31, 2026. FISCAL IMPACT: Estimated cost for the period April 4, 2023 through March 31, 2026 is $2,487,749, of which approximately $232,966 is included in FY 22-23 Adopted Budget. The remaining balance will be budgeted in future fiscal years through March 2026. Funding ratios are federal 59%, state 35% and county 6%. BACKGROUND: This board order is to authorize monthly payment to BIT California for the replenishment of the postage account. On March 19, 2019, (D.3) your Board approved and authorized the Board of Supervisor Chair to execute the CalSAWS Consortium Second Amended and Restated Joint Exercise of Powers Agreement for establishing a single statewide case automated welfare system (SAWS) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: N. Hager (925) 608-4966 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 70 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:CalSAWS Postage Cost BACKGROUND: (CONT'D) management system for the administration of California’s public assistance programs and the Employment and Human Services Director or designee to execute a Memorandum of Understanding (MOU) with the CalSAWs consortium for the administration and implementation of SAWS. The Employment and Human Services Department rolled out CalSAWS on February 27, 2023. Under the previous CalWIN automated welfare system, EHSD procured the print mail service from Public Works. All 58 Counties in California will be using CalSAWS, including Central Print and Mail. On July 8, 2020, the CalSAWS Consortium released a Request for Proposal (RFP) to solicit proposals from qualified vendors to design, develop, and implement central print and mailing services (“Central Mail Services”) for the CalSAWS environment, and selected prime contractor Gainwell Technologies LLC (“Gainwell”) to provide Central Mail Services. The agreement was executed in April 2021 and its duration is for five years and may be extended for up to five one-year terms at the discretion of the CalSAWS Consortium. Central Mail Services include printing, sorting, and mailing all client correspondence generated by CalSAWS including, but not limited to Notice of Action, forms, letters, stuffers, and flyers, and storage of materials. Gainwell entered into a Subcontract Agreement with BIT California, LLC d.b.a. Document Fulfillment Services (DFS) (Subcontractor) to provide certain central print and mailing services, including but not limited to preprocessing, presort and postage. The Subagreement states that Gainwell will coordinate with each of the CalSAWS Counties to inform them when postage replenishment to Subcontractor is required. Counties are to provide postage funds directly to Subcontractor BIT California. The Contra Costa County Purchasing Agent issued for EHSD purchase order #027191 on February 16, 2023, for $174,725 to meet the three-month prefunding requirement announced in CalSAWS Information Transmittal (CIT) 0170-22. This board order is to approve and authorize the Auditor-Controller to issue a total amount not-to-exceed $2,487,749 over the term April 5, 2023 through March 31, 2026, to replenish monthly the CalSAWs Central Print Contra Costa County postage account in an amount not less than the actual postage used in the prior month. The not-to-exceed amount of $2,487,749 was estimated based on current monthly average mailing and projected postage rates during the term April 5, 2023 through March 31, 2026. CONSEQUENCE OF NEGATIVE ACTION: Not replenishing the CalSAWs Central Print Contra Costa County postage account will result in disruption to CalSAWS operations and in EHSD clients not receiving timely or failing to receive their Notice of Action, forms, letters, stuffers, and flyers. RECOMMENDATION(S): APPROVE clarification of Board action of May 3, 2022 (C.21) for a contract amendment with Planet Technologies, Inc., a corporation, to reflect the intent of the parties to change the payment limit from $314,000 to $328,000 with no change to terms and conditions. FISCAL IMPACT: $328,000 funded by 6% County, 59% Federal, 35% State revenues as administrative overhead expense, all of which is already budgeted in FY 2021-2022 and FY 2022-2023. BACKGROUND: The Employment and Human Services Department (EHSD) executed a contract with Planet Technologies on August 1, 2021, in the amount of $99,000, to upgrade its department-wide communications system STARS (Shared Text Automated Retrieval System). On May 3, 2022 (C.21), the Board of Supervisors (BOS) approved a contract amendment and extension, to add to the scope of work, and to increase the payment limit by $215,000 to a new total $314,000. The increase in payment limit should have been in the amount of $229,000. The new payment limit of the contract amendment/extension thus should be $328,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 71 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:Approve Clarification of Item #C.21 with Planet Technologies, Inc. BACKGROUND: (CONT'D) The performance requirements described in the original contract amendment remain the same. This board order is to clarify the payment limit and payment provisions of the amendment. CONSEQUENCE OF NEGATIVE ACTION: The department will be unable to go forward with the communication system upgrade which will have a negative impact to serving our clients. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with Contra Costa County Office of Education in an amount not to exceed $324,135 ($108,045 annually for three years) to provide educational liaison services for children and youth in foster care for the period July 1, 2023 through June 30, 2026. FISCAL IMPACT: This agreement will increase department expenditures by $324,135, ($108,045 annually for three years) and will be funded 70% by 2011 Realignment and 30% by County General Fund. $108,045 is already budgeted in FY 2023-2024 and the remaining $216,090 will be budgeted as part of the FY 2024-2025 and 2025-2026 Recommended Budgets. BACKGROUND: The Contra Costa County Office of Education is designated by the California Department of Education as the Foster Youth Services Coordinating Program (FYSCP) in Contra Costa County. Contra Costa County Office of Education provides Educational Liaisons that work collaboratively with local school districts, child welfare agencies, foster care agencies, probation, post-secondary institutions, caregivers, and community organizations with the goal of improving the educational performance and personal achievement for foster children and youth while also decreasing the educational gap. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 72 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:Agreement with Contra Costa County Office of Education for Educational Liaison Services for Foster Youth BACKGROUND: (CONT'D) Using a unique partnership, Education Liaisons work closely with Children and Family Services (CFS) Social Workers to help support the educational needs of foster children and youth by ensuring proper educational placement, school enrollment, and checkout from school, as well as assisting with the transfer of grades, credits, and records when there is a school change as mandated by California Education Code § 48853.5(b)-(d), (e)(8)(C). Previous agreements for these services with the Agency were authorized by the Board of Supervisors on April 27, 2021 (C.46) for FY21/23 and on March 31, 2020 (C.65) for FY 20/21. CONSEQUENCE OF NEGATIVE ACTION: Without educational liaisons, foster children and youth will experience increased barriers in accessing the same academic resources, services, and extracurricular and enrichment activities that are available to all students. CHILDREN'S IMPACT STATEMENT: This agreement supports four of the five community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Safe, Stable and Nurturing"; and 4) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by supporting the educational rights of children and youth in foster care. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Social Service Staffing & Recruiting, Inc., in an amount not to exceed $725,000 to provide qualified temporary social workers for clients of the Children and Family Services Bureau, for the period July 1, 2023 through June 30, 2024. FISCAL IMPACT: This contract will increase expenditures by $725,000 funded as Administrative Overhead with 6% County revenue, 35% State revenue and 59% Federal revenue. BACKGROUND: Children and Family Services (CFS) has experienced difficulties in recruiting and retaining qualified social workers. Currently, there are approximately thirty (30) vacancies in addition to staff on LOA, FMLA and COVID related absences, resulting in a higher than optimal caseload. Recruitment efforts through Human Resources have produced candidates but not adequate numbers to fill all vacancies. Even when new Social Workers are recruited, they require extensive training to be ready to assume a caseload. Social Service Staffing & Recruiting, Inc. ensures a ready source of temporary, fully qualified social workers to immediately address this situation and ensure child safety. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 73 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:Contract with Social Service Staffing & Recruiting, Inc. for Temporary Social Workers BACKGROUND: (CONT'D) Additionally, social workers obtained through this contractor may become interested in permanent County positions and apply for current vacancies, which would support the Department’s efforts to fill permanent positions with qualified and well-trained applicants familiar with CFS programs, clients and procedures. Previous contracts and amendments for these services with the contractor have been authorized by the Board of Supervisors on May 24, 2022 (C.48) for FY22/23 (amendment), January 18, 2022 (C.56) for FY22/23 (amendment), and on June 8, 2021 (C.79) for FY21/22. CONSEQUENCE OF NEGATIVE ACTION: Qualified social workers will not serve clients in CFS programs efficiently due to the higher than optimal caseload. CHILDREN'S IMPACT STATEMENT: The services provided under this contract support all five of Contra Costa County’s community outcomes: (1) “Children Ready for and Succeeding in School”; (2) “Children and Youth Healthy and Preparing for Productive Adulthood”; (3) “Families that are Economically Self-Sufficient”; (4) "Families that are Safe, Stable and Nurturing"; and (5)"Communities that are Safe and Provide a High Quality of Life for Children and Families" by ensuring children and families in CFS programs are working with qualified staff on a consistent basis. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Karpel Computer Systems, Inc., to extend the term by five years through June 30, 2028 and increase the payment limit by $851,250 to a new payment limit of $3,198,372 to provide an additional five years of hosting, maintenance, and support of the case management system for District Attorney prosecution services. FISCAL IMPACT: The additional contract cost will be funded through appropriations from the District Attorney operating budget. The total contract cost comprises software licensing and configuration and 13 years of vendor-supplied hosting, maintenance, and subscription to electronic discovery. The increase in payment limit will provide for 5 of the 13 years of system maintenance and support, and is offered to the County at the current annual rate. In addition to the contract cost, the project also incurs internal County costs for wide area network services provided by the Department of Information Technology, which are charged annually to the District Attorney operating budget. BACKGROUND: In September 2014, the Board of Supervisors authorized a contract with Karpel Computer Systems, Inc., in the amount of $1,223,205 to provide a modern, web-based case management system for the District Attorney's Office plus four years of system maintenance and support. The first phase of this system, the adult module, was rolled out in late 2015. In 2018, the contract was amended to provide additional user licenses, increase the payment limit to $2,142,122, and extend system maintenance through June 2023. A second amendment in 2020 increased the payment limit to $2,332,122 with no change to the contract term to provide for the development of up to ten interfaces for local law enforcement agencies to electronically file their criminal complaints with the District Attorney's Office instead of transmission by facsimile. A third amendment in February 2023 increased the payment limit to $2,347,122 for additional services to complete the conversion of legacy system juvenile data, which will be used in both the Probation and District Attorney case management systems. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie DiMaggio Enea 925.655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 74 To:Board of Supervisors From:Monica Nino, County Administrator Date:April 4, 2023 Contra Costa County Subject:CONTRACT AMENDMENT WITH KARPEL COMPUTER SYSTEMS, INC., FOR DISTRICT ATTORNEY CASE MANAGEMENT SYSTEM BACKGROUND: (CONT'D) This fourth contract amendment will extend the term by five years through June 30, 2028 and increase the payment limit by $851,250 ($170,250 per year) to a new payment limit of $3,198,372 to provide an additional five years of hosting, maintenance, and support of the case management system to ensure that the system remains available without interruption. CONSEQUENCE OF NEGATIVE ACTION: Disapproval of the recommendation will place the District Attorney's Office and other justice partners in the predicament of having no system support services in the event of a malfunction. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Summit Building Services, Inc., effective April 4, 2023, to increase the payment limit by $1,300,000 to a new payment limit of $11,200,000 to provide scheduled and on-call custodial services, with no change to the term, Countywide. FISCAL IMPACT: Custodial Services Budget. (100% General Fund) BACKGROUND: The Public Works Custodial Services Division (PWD) is responsible for the custodial needs of all County buildings. This includes the use of sublet custodial services to several leased and County-owned sites. These locations are remote sites either outside of the normal routes used by County custodial staff, or sites requiring night work. Custodial Services does not have the ability to manage or oversee employees under these parameters. The locations where the contractor performs the services and the monthly costs are listed in the attached "Rate and Frequency Schedule." This is a continuation of the existing policy and has no negative impact on the current custodial staff. Government Code Section 25358 authorizes the County to contract for the maintenance and upkeep of County buildings. Through the first year of this contract, at the request of the County, Summit has provided additional deep cleaning and disinfectant services for Contra Costa County COVID-19 safety efforts. As a result, these services have exhausted a large portion of the balance originally budgeted for scheduled and as-needed custodial services. PWD has ceased using this contract with Summit Building Services for COVID-19 disinfecting services and continues to only use it for scheduled and unscheduled custodial APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Derrick West, (925) 646-2506 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 75 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:APPROVE and AUTHORIZE Amendment No. 2 to the Contract with Summit Building Services, Inc., a California Corporation, Countywide. BACKGROUND: (CONT'D) work. This amendment will be adding $1,300,000 to the current contract limit of $9,900,000. This is needed to ensure the County has access to the contractor's custodial services through the term of the contract which is set to expire on April 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the County will not be able to provide payment for outstanding invoices, and scheduled custodial services will be discontinued. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works director, or designee, to execute a Consulting Services Agreement (contract) with COAR Design Group, in an amount not to exceed $750,000 to provide on-call architectural services for various County facilities projects, Countywide, for the period April 4, 2023 through April 3, 2026 with a one-year extension option to April 3, 2027, if elected by the Public Works director. FISCAL IMPACT: 100% Various Funds. Projects will be assigned to the on-call architect when there is an approved project and funding. BACKGROUND: The purpose of the on-call contract is to provide architectural services for various County facilities projects as they occur during the contract term. When the Public Works Department receives a project request, it will be determined at the time whether or not it would be prudent to utilize this on-call architect. The on-call architect will provide typical architectural services, such as programming, design and construction administration. The type, size and location of projects will vary. Typical projects may include new construction, building renovations/ modernizations, remodeling of the entirety or parts of a building, tenant improvements, exterior restorations, mechanical/electrical/plumbing upgrades, structural improvements, code-related improvements, and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jeffrey K Acuff 925-957-2487 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 76 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Consulting Services Agreement for On-Call Architectural Services with COAR Design Group, Countywide. BACKGROUND: (CONT'D) deferred maintenance. Having this on-call contract in place will save the County time and money when compared to the time and expense in conducting a consultant selection process on a project-by-project basis and allow the design phase to commence sooner and provide for a shorter project completion schedule. COAR Design Group was selected through a competitive qualifications-based selection process. The Public Works Department solicited Statements of Qualifications (SOQs) and received twenty. Twelve firms were shortlisted. A selection committee comprised of County staff conducted interviews and ranked the shortlisted firms. Public Works recommends that the above firm, which is one of the six highest ranked firms, be awarded the on-call contract at this time. The contract includes a single one-year extension option that can be exercised by the Public Works director, if he chooses. Government Code Section 31000 authorizes the County to contract for services including the type of architectural services that COAR Design Group provides. CONSEQUENCE OF NEGATIVE ACTION: If the agreement is not approved, the County will not be able to take advantage of the time and cost savings possible through utilization of this on-call architectural services agreement. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with Chabot-Las Positas Community College District, in an amount not to exceed $750,000 to deliver education and training services to foster care providers, community partners and Children and Family Services staff for the period July 1, 2023 through June 30, 2025. FISCAL IMPACT: This agreement will increase department expenditures by $750,000, ($375,000 annually for two years) and will be funded 100% by 2011 Realignment. $375,000 is already budgeted in FY 2023-2024 and the remaining $375,000 will be budgeted as part of the FY 2024-2025 Recommended Budget. BACKGROUND: Chabot-Las Positas Community College District (CLPCCD) has a successful history in providing an array of training and technical assistance to child welfare agencies and community partners as evidenced by partnerships with Alameda, Mendocino and Solano Counties. CLPCCD provides training to increase the skills and capacity of those who work directly with foster and adoptive children. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: O. Thammasen (925) 494-5256 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 77 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:Agreement with Chabot-Las Positas Community College District for Training Services to CFS Staff, Community Partners and Foster Care Providers BACKGROUND: (CONT'D) Courses range from topics such as trauma informed care, Resource Family Pre-Approval training, Safety Organized Practice, professional development and new laws and initiatives impacting child welfare. This agreement will result in training deliverables that are intended to expand the expertise and knowledge of those individuals providing care and services to Contra Costa County children and youth placed in foster care. This contract contains mutual indemnification language approved by County Counsel. Previous agreement for these services with CLPCCD was authorized by the Board of Supervisors on April 27, 2021 (C.66) for Fiscal Years 2021-2023. CONSEQUENCE OF NEGATIVE ACTION: Valuable education and training services will not be provided to those who work directly with foster and adoptive children. CHILDREN'S IMPACT STATEMENT: This interagency agreement supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing training to foster care providers. RECOMMENDATION(S): (1) APPROVE contract General Conditions, Technical Specifications, and Construction Task Catalog for Job Order Contracts 022. (2) DETERMINE that MVP Construction, LLC., submitted the lowest responsive and responsible bids for the award of the job order contract. (3) AWARD a job order construction contract for repair, remodeling, and other repetitive work to be performed pursuant to the Construction Task Catalog to MVP Construction, LLC., in the amount of $2,500,000, for a term of one year each (commences ninety (90) days after contract execution or upon the first Notice to Proceed whichever comes first for each contract), and DIRECT that the Public Works Director, or designee, prepare the contracts. (4) DIRECT that MVP Construction, LLC., shall submit two good and sufficient security bonds (performance and payment bonds) in the amount of $2,500,000 each. (5) ORDER that, after MVP Contruction, LLC., has signed the job order contract and returned it, together with the bonds, evidence of insurance, and other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contract for the Board. (6) ORDER that, upon signature of the job order contract by the Public Works Director, or designee, any bid bonds posted by such bidder are to be exonerated and any checks or cash submitted for security shall be returned. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jeffrey K. Acuff, 925-957-2487 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 78 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:AWARD and AUTHORIZE Job Order Contract to MVP Construction, LLC., for Repair, Remodeling, and other Repetitive Work (W4011C) RECOMMENDATION(S): (CONT'D) (7) AUTHORIZE the Public Works Director, or designee, to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for monies withheld by the County to ensure performance under the contracts, pursuant to Public Contract Code Section 22300. (8) AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to Public Contract Code Section 20142. (9) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board’s functions under Public Contract Code Section 4107 and 4110. (10) DECLARE that, should the award of the contract to MVP Construction, LLC., be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject the bids received. FISCAL IMPACT: Job orders under the job order contracts will only be issued when there is an approved project and funding. The contract value can range from a minimum of $25,000 to a maximum of $2,500,000. BACKGROUND: In order to be efficient in delivering projects, the County needs to employ a variety of project delivery methods. One such method is Public Contract Code Section 20128.5, which authorizes counties to award one or more individual annual contracts for repair, remodeling, or repetitive work to be done according to unit prices. Once an annual contract is awarded, individual projects are then done through written job orders performed by the job order contractor at the unit prices bid for the annual contract. Such job order contracting (JOC) is a project delivery tool that has been proven to reduce costs, save time, and increase productivity. The JOC Program has been a valuable construction project delivery tool for the term of the JOC contracts. As the expiration dates and maximum contract amounts are reached for existing job order contracts, other projects are otherwise eligible to be accomplished under the JOC program. On November 29, 2022, the Board of Supervisors authorized the Public Works Director, or designee, to solicit for job order contracts for repair, remodeling, and other repetitive work, and bring to the Board recommendations to award four contracts. Bids were invited by the Public Works Director and on January 4, 2023, the Public Works Director received 8 bids for the job order contracts. The scope of work performed under the job order contracts will be determined by individual job orders using the Construction Task Catalog. Three of the four lowest responsive bidders are being recommended for contract award and Public Works hopes to do the same with the other one as soon as labor issues are resolved. The contracts are being awarded based on the lowest Award Criteria Figure (ACF) that is calculated by each bidder using the award criteria figure formula percentages required by each job order using adjustment factors called out in the bidding documents. Bid documents for Job Order Contracts 021, 022, 023 & 024, including construction task catalog and construction specifications for typical work, were prepared for the Public Works Department by the County’s job order contracting consultant, The Gordian Group, Inc. The general prevailing wage rates are on file with the Clerk of the Board of Supervisors and will be the minimum rates paid on the projects covered by the annual Job Order Contracts. Bids for Job Order Contracts 021, 022, 023 & 024 were received and opened by the Public Works Department on January 4, 2023 and the bid results are as follows: BIDDER AWARD CRITERIA Aztec Consultants, Inc.1.1360 MVP Construction, LLC.1.1400 A CST Group Inc., d/b/a Dynasel USA 1.1440 Mark Scott Construction, Inc.1.1510 Stratus Construction Co.1.2280 MIK Construction, Inc.1.2500 C & C Contracting, Inc.1.2900 Staples Construction Company, Inc.1.3995 Staff has determined that the four lowest bids received from Aztec Consultants, Inc.; MVP Construction, LLC.; A CST Group Inc. (dba Dynasel); and Mark Scott Construction, Inc. are responsive. The Public Works Director recommends the Board award the job order contract for this project to MVP Construction, LLC. (JOC 022) for job order contracts in amounts not less than $25,000 nor more than $2,500,000 each. California Environmental Quality Act (CEQA) requirements will be determined and addressed on a project-by-project basis as projects occur. Each of the job order contractors will perform outreach required under the County’s Outreach Program for the work to be performed under each job order in excess of $175,000. CONSEQUENCE OF NEGATIVE ACTION: If these JOC bid solicitations are not approved and authorized, the County will not have the resources to complete deferred maintenance projects If these JOC bid solicitations are not approved and authorized, the County will not have the resources to complete deferred maintenance projects as described in the FLIP report and other County construction projects involving repair, remodeling, and other repetitive work. RECOMMENDATION(S): APPROVE the termination, by the County Administrator, of the Consulting Services Agreement (contract) dated August 9, 2022 with Skanska USA Building Inc. (Skanska) to provide master planning and construction management services for various Measure X funded healthcare projects at the Contra Costa Regional Medical Center (CCRMC), in an amount not to exceed $3,000,000. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Vanir Construction Management, Inc. (Vanir), in an amount not to exceed $6,093,348, to provide master planning, construction management, and architectural services for various Measure X funded healthcare projects at the Contra Costa Regional Medical Center (CCRMC) located at 2500 Alhambra Avenue and 20 Allen Street in Martinez, CA for the period April 4, 2023 to April 3, 2028. FISCAL IMPACT: The fee earned by Skanska for services already performed is not yet known, but will be less than $220,000, which is the full amount which has been authorized. Ultimately, the fiscal impact is estimated to be a loss of between $100,000 and $200,000. 100% Measure X funding budgeted in Hospital Enterprise Fund. BACKGROUND: On December 14, 2021, the Board approved Measure X funding to update the CCRMC master plan and complete five improvement projects at the CCRMC campus: a Public Health Laboratory, a Parking Structure, a Medical Office Building, an Interventional Radiology Suite and a Psychiatric Emergency Services addition and remodel. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jeffrey K Acuff 925-957-2487 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 79 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Terminate contract with Skanska USA Building Inc., and approve a contract with Vanir Construction Management, Inc. BACKGROUND: (CONT'D) Public Works subsequently issued a Request for Qualifications (RFQ), soliciting Statements of Qualification (SOQs) from consulting firms to provide master planning and construction management services. Public Works received six SOQs from interested firms and short-listed three. A selection committee comprised of County staff conducted interviews and ranked Skanska as the top-ranking firm followed by Vanir. On August 9, 2022, the Board approved a Consulting Services Agreement with Skanska in an amount not to exceed $3,000,000 to provide master planning services and construction management services for the five noted improvement projects. On September 20, 2022, Public Works approved Task Order Number 01 with Skanska, in an amount not to exceed $220,000, authorizing Skanska to proceed with pre-master planning services. Since that time, County staff at Health Services, Public Works and the County Administrator’s Office have become dissatisfied with the content and pace of work produced by Skanska, have lost confidence in Skanska’s ability to perform up to the standards needed for a successful outcome, and have come to a consensus that the best course of action for the benefit of the upcoming CCRMC development is to terminate the Skanska contract and pursue other options. The Consulting Services Agreement with Skanska allows for the County to terminate the contract at its option whether or not the Consultant is then in default. Public Works therefore recommends that the contract be terminated. Public Works further recommends, then, that Vanir, the next highest graded RFQ qualifier, be hired. The contract with Vanir includes additional scope to provide design services for the two Measure X projects that are not dependent on master planning: the expansion and remodel of the interventional radiology suite and of the psychiatric emergency services area. That added scope represents $1,402,500 of the fee increase. AMENDMENT TO THE PRIVACY AND SECURITY AGREEMENT (Agreement) BETWEEN the California Department of Social Services (CDSS) and the County of _____________________________________________________________, Department/Agency of ___________________________________________________; parties to the Agreement #19-____, effective on September 1, 2019. This Amendment entered into by between the County of _____________________________________________________________, Department/Agency of ___________________________________________________, (County Department) and CDSS, extends the termination date of the Agreement to allow ongoing transmissions of PII while the renewal of the Agreement is negotiated and finalized between CDSS and the County Departments/Agencies. AGREEMENTS CDSS and County Department/Agency mutually agree to modify the following parts of the Agreement as set forth below: XVIII.TERMINATION A.This Agreement shall terminate on either March 1, 2024 or upon execution of a successor Agreement, whichever occurs sooner. The parties can agree in writing to extend the term of the Agreement. County Department/Agency requests for an extension shall be approved by CDSS and limited to no more than a six (6) month extension. B.Survival: All provisions of this Agreement that provide restrictions on disclosures of PII and that provide administrative, technical, and physical safeguards for the PII in the County Department/Agency’s possession shall continue in effect beyond the termination or expiration of this Agreement, and shall continue until the PII is destroyed or returned to CDSS. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement, the terms of this amendment will prevail. Contra Costa Employment and Human Services 07 Contra Costa Employment and Human Services AMENDMENT TO MEDI-CAL PRIVACY & SECURITY AGREEMENT NO.: 19 - ______ 2 SIGNATORIES The signatories below warrant and represent that they have the competent authority on behalf of their respective agencies to enter into the obligations set forth in this Agreement. The authorized officials whose signature appears below have committed their respective agencies to the terms of the Agreement. For the County of _______________________________________________________, Department/Agency of ___________________________________________________, ___________________________________ ____________________________ (Signature) (Date) ___________________________________ ____________________________ (Name) (Title) For the California Department of Social Services, ___________________________________ ____________________________ (Signature) (Date) Sharon Hoshiyama Chief, Contracts Bureau __________________________________ ____________________________ (Name) (Title) Contra Costa Employment and Human Services 07 January 19, 2023 CALIFORNIA DEPARTMENT OF SOCIAL SERVICES EXECUTIVE SUMMARY ALL COUNTY LETTER NO. 23-14 The purpose of this All County Letter is to notify counties of an Amendment to the 2019 California Department of Social Services (CDSS) Privacy and Security Agreement and to provide counties with instructions for returning signed Amendments to the CDSS. This letter supersedes All County Letter No. 19-56. The current Agreements will expire March 1, 2023. The purpose of the Amendment between CDSS and each County Welfare Department (CWD)/Agency is to extend the termination date of the 2019 Agreement by a year to allow ongoing transmissions of Personally Identifiable Information (PII) while the 2022 renewal of the Agreement is negotiated and finalized between CDSS and the County Departments/Agencies. The Amendment will remain in effect until March 1, 2024 or upon execution of a successor Agreement, whichever occurs sooner. All fifty-eight (58) CWDs are required to sign the 2019 Agreement Amendment to prevent disruptions to the transmission of PII between the counties and CDSS. January 19, 2023 ALL COUNTY LETTER NO. 23-14 TO: ALL COUNTY WELFARE DIRECTORS ALL COUNTY ADMINISTRATION OFFICERS ALL COUNTY PRIVACY AND SECURITY OFFICERS SUBJECT: AMENDMENT REQUIRED FOR 2019 PRIVACY AND SECURITY AGREEMENT (PSA) REFERENCE: 2019 PSA ALL COUNTY LETTER (ACL) 19-56E, STATE ADMINISTRATIVE MANUAL (SAM) SECTION 1240 AND SAM SECTION 1734 The purpose of this ACL is to notify counties of an Amendment to the 2019 California Department of Social Services (CDSS) PSA and to provide counties with instructions for returning signed Amendments to the CDSS. This letter supersedes All County Letter No. 19-56. The current Agreements will expire March 1, 2023. The purpose of the Amendment between CDSS and each County Department/Agency is to extend the termination date of the 2019 Agreement by a year to allow ongoing transmissions of Personally Identifiable Information (PII) while the 2022 renewal of the Agreement is negotiated and finalized between CDSS and the County Welfare Departments (CWD)/Agencies. The Amendment will remain in effect until March 1, 2024 or upon execution of a successor Agreement, whichever occurs sooner. All fifty-eight (58) CWDs are required to sign the 2019 Agreement Amendment to prevent disruptions to the transmission of PII between the counties and CDSS. BACKGROUND The purpose of the Agreement is to ensure the security and privacy of PII contained in the Medi-Cal Eligibility Data System, the Applicant Income and Eligibility Verification System, and in data received from the Social Security Administration (SSA) and other sources. Because counties have access to SSA-provided information, SSA requires that CDSS enter into individual agreements with the counties to safeguard this information. All County Letter No. 23-14 Page Two SUBMISSION GUIDELINES The Agreement Amendment template is enclosed in this letter. CWDs/Agencies should follow the instructions below when returning signed Amendments to CDSS. The CWD/ Agency should not modify any of the Amendment language, except as instructed below. •The CWD/Agency shall complete the Preamble of the Agreement by entering the name of the County and the CWD/Agency. •The CWD/Agency shall enter signatory information. The name and title of the signatory must be printed or typed. •The CWD/Agency shall modify the Header of the Agreement in order to enter the appropriate Agreement Number. The enclosed Agreement displays a sample Agreement Number of “19-XX.” CWDs should replace the “XX” with the appropriate two-digit county code. Authorized CWD/Agency officials may sign the Amendment electronically or with wet signature. CDSS will accept electronic signatures according to CDSS-approved methods as dictated by the State Administrative Manual Sections 1240 and 1734. If choosing to sign electronically, the CWD/Agency shall submit one signed Amendment to CDSS at the email address below. If choosing to sign with a wet signature, the CWD/Agency shall submit at least two signed copies of the Amendment, both of which are to contain the original wet signature to CDSS at the physical address below. If the CWD/Agency would like to have an additional Amendment in wet signature, additional signed copies can be submitted with a written request that CDSS return multiple copies to the CWD/Agency. The CWD/Agency should ensure that CDSS receives the signed Amendment by March 1, 2023. The CWD/Agency should contact CDSS as soon as possible if unable to submit the signed Amendments by the due date. Physical address for submission of Amendment with wet signature: Department of Social Services Information Security & Privacy Office - PSA 744 P Street, MS 9-10-59 Sacramento, CA 95814 Email address for submission of Amendment with electronic signature: cdsspsa@dss.ca.gov At the time of the Amendment submission, electronic or hard copy, CWD/Agency shall include a contact name, physical mailing address or email address, and contact phone number, which will be used when CDSS returns the signed Agreement(s) to the County Department/Agency. All County Letter No. 23-14 Page Three Once CDSS receives the signed Amendments, they will be signed by CDSS and executed copies of the Amendments will be returned to the CWD/Agency via either email or overnight delivery. In the event that you need to contact CDSS regarding any of the information in this letter or additional privacy and information security concerns, please submit inquiries via email to the PSA inbox at cdsspsa@dss.ca.gov. Sincerely, Original Document Signed By CHAD CROWE, Deputy Director, Chief Information Officer Information Security and Privacy Office Information Systems Division MOU-19-6074 , COSS/Contra Costa County Department of Employment & Human Services 2019 PRIVACY AND SECURITY AGREEMENT BETWEEN the California Department of Social Services and the County of Co ntra Costa Department/Agency of Employment and Human Services PREAMBLE The California Department of Social Services (COSS) and the county of Contra Costa Department/Agency of Employment and Human Services enter into this Data Privacy and Security Agreement (Agreement) in order to ensure the privacy and security of Social Security Administration (SSA), Medi-Cal Eligibility Data System (MEDS) and Applicant Income and Eligibility Verification System (IEVS) Personally Identifiable Information (PII), covered by this Agreement and referred to hereinafter as PII, that the counties access through COSS and the Department of Health Care Services (DHCS). This Agreement covers the following programs: •CalFresh; •California Food Assistance Program (CFAP); •California Work Opportunity and Responsibility to Kids Program (CalWORKs); •Cash Assistance Program for Immigrants (CAPI); •Entrant Cash Assistance (E CA)/Refugee Cash Assistance (RCA); •Foster Care (FC) (eligibility); •Kinship Guardianship Assistance Program (Kin-GAP) (eligibility); •Federal Guardianship Assistance Program (Fed-GAP) (eligibility); •General Assistance/General Relief (GA/GR); and •Trafficking and Crime Victims Assistance Program (TCVAP). The COSS has an Inter-Agency Agreement (IAA) with OHCS that allows COSS and local county agencies to access SSA and MEDS data in order to Assist in the Administration of the Program for the programs listed above. The IAA requires that COSS may only share SSA and MEDS data if its contract with the entity with whom it intends to share the data reflects the entity's obligations under the IAA. v2019 06 24 Page 1 of 24 MOU-19-6074 •COSS/Contra Costa County Department of Employment & Human Services AGREEMENTS CDSS and County Department/Agency mutually agree as follows: I.PRIVACY AND CONFIDENTIALITY A.County Workers may use or disclose PII only as permitted in this Agreement and only to assist in the administration of programs in accordance with 45 CFR § 205.50 et seq. and Welfare and Institutions Code section 10850 or as authorized or required by law. Disclosures required by law or that are made with the explicit written authorization of the client are allowable. Any other use or disclosure of PII requires the express approval in writing of COSS. No County Worker shall duplicate, disseminate or disclose PII except as allowed in this Agreement.· B.Pursuant to this Agreement, County Workers may only use PI I to assist in administering their respective programs. C.Access to PII shall be restricted to County Workers who need to perform their official duties to assist in the administration of their respective programs. D.County Workers who access, disclose or use PII in a manner or for a purpose not authorized by this Agreement may be subject to civil and criminal sanctions contained in applicable federal and state statutes. 11.PERSONNEL CONtROLS The ·County Department/Agency agrees to advise County Workers who have access to PII, of the confidentiality of the information, the safeguards required to protect the information, and the civil and criminal sanctions for non­ compliance contained in applicable federal and state laws. For that purpose, the County De partment/Agency shall implement .the following personnel controls: A.Employee Training. Train and use reasonable measures to ensure compliance with the requirements of this Agreement by County Workers, including, but not limited to: 1.Provide initial privacy and security awareness training to each new County Worker within thirty (30) days of employment; 2.Thereafter, provide annual refresher training or reminders of the privacy and security safeguards in this Agreement to all County Workers. Three (3) or more security reminders per year are recommended; v2019 06 24 Page 4 of 24 RECOMMENDATION(S): RATIFY the execution of 2019 California Department of Social Services Privacy and Security Agreement No. 19-07 by the Employment and Human Services Director signed on October 21, 2019, and APPROVE and AUTHORIZE the Employment and Human Services Director or designee to execute an amendment to the 2019 Privacy and Security Agreement 19-07 with the California Department of Social Services to extend the termination date to March 1, 2024, or until a successor Agreement is executed, whichever occurs first. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The California Department of Social Services (CDSS) notified counties of the Data Privacy and Security Agreement (Agreement) on June 25, 2019, with instructions for returning the signed Agreement to CDSS. The purpose of the Agreement is to ensure the security and privacy of Medi-Cal Personally Identifiable Information (PII) contained in the Medi-Cal Eligibility Data System (MEDS), the Applicant Income and Eligibility Verification System (IEVS), and in data received from the Social Security Administration (SSA) and other sources. Because counties have access to SSA-provided information, SSA requires that CDSS enter into individual agreements with the counties to safeguard this information. The current Agreement expired March 1, 2023. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L.Pacheco 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 80 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:2019 California Department of Social Services Privacy and Security Agreement Amendment BACKGROUND: (CONT'D) CDSS notified counties of an Amendment to the Agreement on January 19, 2023. The purpose of the Amendment is to extend the termination date of the 2019 Agreement by one (1) year to allow ongoing transmissions of Personally Identifiable Information (PII) while the 2022 renewal of the Agreement is negotiated and finalized between CDSS and the County Departments/Agencies. The Agreement, as modified by the enclosed Amendment, will remain in effect until March 1, 2024 or until a successor Agreement is executed, whichever occurs first. All fifty-eight (58) CWDs are required to sign the 2019 Agreement Amendment to prevent disruptions to the transmission of PII between the counties and CDSS. This Board Order is to ratify the execution of the Agreement by the Employment and Human Services Department (EHSD) Director and to approve and authorize the EHSD Director or designee to execute an Amendment to the Agreement to extend the termination date to March 1, 2024, or until a successor Agreement is executed, which ever occur first. CONSEQUENCE OF NEGATIVE ACTION: If the 2019 Amendment Agreement is not approved, this will cause disruptions to the transmission of PII between the County and Department of Healthcare Services and CDSS. ATTACHMENTS 2019 CDSS PSA CDSS All County Letter CDSS PSA Amendment RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-394-17 with Ronald L. Leon, MD, Inc., a professional corporation, in an amount not to exceed $244,359, to provide psychiatric services for mentally ill adults in East County, clients in the Juvenile Detention Facility, and Spanish speaking mental health recipients, for the period April 1, 2023 through March 31, 2024. FISCAL IMPACT: Approval of this contract will result in annual expenditures of up to $244,359 and will be funded by 100% Mental Health Realignment revenues. (No rate increase) BACKGROUND: This contract meets the social needs of the County’s population by providing psychiatric services, including diagnosing, counseling, evaluating, and providing medical and therapeutic treatment for mentally ill patients in East County. This contractor has been providing these services to the County since April 1, 2010. On February 22, 2022, the Board of Supervisors approved Contract #74-394-15 with Ronald L. Leon, MD, Inc., in an amount of $222,144, for the provision of outpatient psychiatric services for mentally ill adults in East County, clients currently in the Juvenile Detention facility, and for Spanish speaking mental health service recipients, for the period April 1, 2022 through March 31, 2023. On June 21, 2022, the Board of Supervisors approved Contract Amendment Contract #74-394-16 with Ronald L. Leon, MD, effective June 1, 2022, to increase the hourly rates and payment limit by $22,215, from $222,144 to a new payment limit of $244,359 to provide additional outpatient psychiatric services with no change in the contract term of April 1, 2022 through March 31, 2023. Approval of Contract #74-394-17 will allow this contractor to continue providing psychiatric services through March 31, 2024. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Noel Garcia, Marcy Wilhelm C. 81 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Contract #74-394-17 with Ronald L. Leon, MD, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, mentally ill patients in East County and the Juvenile Detention Facility requiring outpatient psychiatric services will not have access to this contractor’s services, which may result in a reduction in levels of service to the community. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-322-1 with Allergy & Asthma Medical Group of the Bay Area, Inc., a corporation, in an amount not to exceed $4,000,000, to provide allergy and asthma medical services for Contra Costa Health Plan (CCHP) members and County recipients, for the period May 1, 2023 through April 30, 2025. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $4,000,000 over a 2-year period and will be funded 100% by CCHP Enterprise Fund II revenues. (No rate increase) BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor provides allergy and asthma medical services and was formerly under a memorandum of understanding (MOU) with CCHP for several years, and has been a part of the CCHP Provider Network since May 2021. On March 30, 2021, the Board of Supervisors approved Contract #77-322 with Allergy and Asthma Medical Group of the Bay Area, Inc., in an amount not to exceed $1,550,000, for the provision of allergy and asthma medical services for CCHP members and County recipients for the period May 1, 2021 through April 30, 2023. Approval of Contract #77-322-1, will allow the contractor to continue providing allergy and asthma services to CCHP members and County recipients through April 30, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain medical specialty allergy and asthma health care services for CCHP members under the terms of their Individual and Group Health Plan membership contract with the County will not be provided timely due to the limited number of specialty providers in the area. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Noel Garcia, Marcy Wilhelm C. 82 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Contract #77-322-1 with Allergy & Asthma Medical Group of the Bay Area, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-195-6 with Q Metrics, Inc., a corporation, in an amount not to exceed $85,000 to provide administration of the Timely Access Provider Appointment Availability Survey (PAAS) and post validation services for Contra Costa Health Plan (CCHP), for the period from May 1, 2023 through April 30, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $85,000 and will be funded 100% by CCHP Enterprise Fund II. (Rate increase) BACKGROUND: CCHP has an obligation to provide certain CCHP member services including surveys of CCHP members to facilitate the best practices in providing member services. This contractor was chosen by the Department of Managed Health Care (DMHC) for Health Plans to conduct these surveys if the health plan isn’t performing surveys themselves. This contractor provides annual PAAS survey and post validation services for CCHP and has been providing member survey services since June 1, 2018. On May 24, 2022, the Board of Supervisors approved Contract #77-195-4 with Q Metrics, Inc., in an amount not to exceed $70,103, for the provision of Timely Access PAAS services for CCHP for the period from May 1, 2022 through April 30, 2023. On February 28, 2023, the Board of Supervisors approved Contract Amendment #77-195-5 with Q Metrics, Inc., effective February 1, 2023, to increase the payment limit by $13,000 to a new payment limit of $83,103 with no change in the term, to provide additional post validation services as required by the California Department of Managed Health Care (DMHC). Approval of Contract #77-195-6 will allow the contractor to continue providing PAAS administration services and post validation services as required by the DMHC through April 30, 2024. The requested contract includes language where the County agrees to hold the contractor harmless for claims of loss and penalties imposed by the DMHC for not meeting DMHC wave methodology. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 83 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Contract #77-195-6 with Q Metrics, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the contractor will not be able to provide administration of the Timely Access Provider Appointment Availability Survey for CCHP, which may result in CCHP being out of compliance with the DMHC. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Smith & Nephew, Inc., in an amount not to exceed $300,000 to purchase surgical supplies, implants, instruments, and other accessories for surgeries provided by orthopedics, sports medicine, and ENT service lines as needed for the Contra Costa Regional Medical Center (CCRMC) for the period from April 1, 2023 through March 31, 2026. FISCAL IMPACT: Approval of this action will result in expenditures of up to $300,000 over a three-year period and will be fully funded by Hospital Enterprise Fund I revenues. BACKGROUND: Executing a purchase order with Smith & Nephew, Inc. will allow the Department to procure various surgical supplies, implants, instruments, and other accessories needed for surgeries at CCRMC. This vendor is a sole source provider of the "Fast-Fix Flex" system that enables all-zone meniscal repairs to treat tears previously not repairable, and also provides Spider Limb positioners that allow proper patient positioning for shoulder, knee, and small joint arthroscopy. This vendor's product line also includes tonsil and adenoid wands used in ENT with oblation technology to remove targeted tissue gently and precisely versus cauterization. On October 16, 2018, the Board of Supervisors approved agenda item C.39 to execute a purchase order with Smith & Nephew, Inc. in an amount of $600,000 for the purchase of medical supplies for the Operating Room at CCRMC for the period from January 1, 2019 through December 31, 2020. Approval of this request will allow CCRMC to continue procuring surgical supplies, implants, instruments, and other accessories needed for surgeries from this vendor through March 31, 2026. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Karin Stryker, (925) 370-5141 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 84 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Purchase Order with Smith & Nephew, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, CCRMC will not have access to this vendor's specialized surgical supplies, implants, instruments, and other accessories needed to provide surgery and care for the general population of Contra Costa County in the areas of sport medicine, orthopedics, and ENT. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, as follows: (1) Cancelation Agreement #76-546-4 with Nicole C. Hickey, M.D., an individual, effective at the end of business on April 4, 2023; and (2) Contract #76-546-5 with Nicole C. Hickey, M.D., an individual, in an amount not to exceed $1,620,000, to provide pulmonary services at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period April 5, 2023 through March 31, 2026. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $1,620,000 over a three-year period and will be funded 100% by Hospital Enterprise Fund I revenues. (Rate increase) BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Health Centers rely on contractors to provide necessary specialty health services to their patients. This contractor has been providing pulmonary services, including but not limited to: on-call and clinic coverage, consultation, critical care, bronchoscopies procedures, and staffing services in the Critical Care Unit since May 15, 2016. On March 31, 2020, the Board of Supervisors approved Contract #76-546-3 with Nicole C. Hickey, M.D., in an amount not to exceed $1,263,000 for the provision of pulmonology services at CCRMC and Health Centers, for the period May 15, 2020 through May 14, 2023. In consideration of the expected utilization of this contractor’s services, the recent increase in clinic rates, and the agreement to continue providing such services, the Department and contractor have agreed to (1) mutual cancelation of the current contract in accordance with the General Conditions Paragraph 5 (Termination), of the contract (Cancelation Agreement #76-546-4), and (2) establish a new contract with the correct terms and conditions for the next three years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, MD, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Noel Garcia, Marcy Wilhelm C. 85 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Cancelation Agreement #76-546-4 and Contract #76-546-5 with Nicole C. Hickey, M.D. BACKGROUND: (CONT'D) Under Contract #76-546-5, this contractor will continue to provide pulmonary services with a new contract term of April 5, 2023 through March 31, 2026. CONSEQUENCE OF NEGATIVE ACTION: If the cancelation agreement is not approved, this contractor will not be compensated accurately for the services being provided. If the new contract is not approved, certain specialized pulmonary services for CCRMC patients will not be available through this contractor and may result in longer waiting periods for patients to receive these specialized services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, as follows: (1) Cancelation Agreement #76-555-6 with Initha R. Elangovan, M.D., an individual, effective at the end of business on April 4, 2023; and (2) Contract #76-555-7 with Initha R. Elangovan, M.D., an individual, in an amount not to exceed $1,750,000, to provide pulmonary services at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period April 5, 2023 through March 31, 2026. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $1,750,000 over a three-year period and will be funded 100% by Hospital Enterprise Fund I revenues. (Rate increase) BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Health Centers rely on contractors to provide necessary specialty health services to their patients. This contractor has been providing pulmonary services, including but not limited to: on-call and clinic coverage, consultation, critical care, bronchoscopies procedures, and staffing services in the Critical Care Unit since September 1, 2016. On September 7, 2021, the Board of Supervisors approved Contract #76-555-5 with Initha R. Elangovan, M.D., in an amount not to exceed $1,400,000 for the provision of pulmonology services at CCRMC and Health Centers, for the period September 1, 2021 through August 31, 2024. In consideration of the expected utilization of this contractor’s services, the recent increase in clinic rates, and the agreement to continue providing such services, the Department and the contractor have agreed to (1) mutual cancelation of the current contract in accordance with the General Conditions Paragraph 5 (Termination), of the contract (Cancelation Agreement #76-555-6), and (2) establish a new contract with the correct terms and conditions for the next three years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, MD, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Noel Garcia, Marcy Wilhelm C. 86 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Cancellation Agreement #76-555-6 and Contract #76-555-7 with Initha R. Elangovan, M.D. BACKGROUND: (CONT'D) Under Contract #76-555-7, this contractor will continue to provide pulmonary services with a new contract term of April 5, 2023 through March 31, 2026. CONSEQUENCE OF NEGATIVE ACTION: If the cancelation agreement is not approved, this contractor will not be compensated accurately for the services being provided. If the new contract is not approved, certain specialized pulmonary services for CCRMC patients will not be provided by this contractor and may result in longer waiting periods for client scheduling these specialized services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #77-477-1 with EZ Ride LLC, a limited liability company, effective April 1, 2023, to amend Contract #77-477, to include the provision of non-medical transportation services for Contra Costa Health Plan (CCHP) members, with no change in the payment limit of $300,000, and no change in the original term of July 1, 2022 through June 30, 2024. FISCAL IMPACT: Approval of this amendment will result in no additional expenditures and will be funded as budgeted by the Department with 100% CCHP Enterprise Fund II revenues. This contract amendment includes additional rates. BACKGROUND: CCHP has an obligation to provide certain specialized non-emergency medical health care transportation services, for its Medi-Cal members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been a part of the CCHP Provider Network since July 1, 2022. On June 21, 2022 the Board of Supervisors approved Contract #77-477 with EZ Ride LLC, in an amount not to exceed $300,000 for the provision of non-emergency medical transportation services for CCHP members, for the period from July 1, 2022 through June 30, 2024. Approval of Contract Amendment Agreement #77-477-1 will allow the contractor to provide non-medical transportation services, in addition to non-emergency medical transportation services for CCHP members through June 30, 2024. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 87 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Amendment #77-477-1 with EZ Ride LLC BACKGROUND: (CONT'D) CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, this contractor will not continue providing non-medical transportation services to CCHP members with physical or mental impairments and who are not able to use public transportation or arrange independent transportation. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #77-240-3 with Norcal Imaging, a general partnership, effective April 1, 2023, to amend Contract Agreement #77-240-2, to modify Nuclear Medicine and positron emission tomography - computed tomography (PET/CT) expensive isotopes rates to continue to provide outpatient radiology services for CCHP members and County recipients, with no change in the original payment limit of $6,000,000, and no change in the original term of August 1, 2021 through July 31, 2024. FISCAL IMPACT: Approval of this amendment will not impact the payment limit of the contract; however, the compensation page will be modified to include revised rates for nuclear medicine and PET/CT services due to increased needs for individuals being served. BACKGROUND: CCHP has an obligation to provide certain specialized outpatient radiology services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been in the CCHP Provider Network providing these services since August 1, 2019. On June 22, 2021, the Board of Supervisors approved Contract #77-240-2 with Norcal Imaging, in an amount not to exceed $6,000,000 for the provision of outpatient radiology services for CCHP members and County recipients for the period August 1, 2021 through July 31, 2024. Due to Nuclear Medicine and PET/CT Expensive Isotopes rates not being listed on the Medi-Cal or Medicare Fee Schedule, the Department is requesting the contract compensation page be modified to ensure proper monthly provider compensation for utilization and the inclusion of services for CCHP members and County recipients. Approval of Contract Amendment Agreement #77-240-3 will revise the Nuclear Medicine and PET/CT Expensive Isotopes rates and allow the contractor to continue to provide outpatient radiology services through July 31, 2024. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Noel Garcia, Marcy Wilhelm C. 88 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Amendment Agreement #77-240-3 with Norcal Imaging BACKGROUND: (CONT'D) CONSEQUENCE OF NEGATIVE ACTION: If this contract amendment is not approved, CCHP members would not have access to additional outpatient radiology services from this contractor. RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the United States Department of Agriculture in an amount not to exceed $52,782 for wildlife damage management services for the period July 1, 2023 through June 30, 2024. FISCAL IMPACT: This agreement is funded with State Unclaimed Gas Tax revenue (60%) and County General Fund (40%). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Matt Slattengren, 925-608-6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 89 To:Board of Supervisors From:Matt Slattengren, Ag Commissioner/Weights & Measures Director Date:April 4, 2023 Contra Costa County Subject:USDA/APHIS Wildlife Services contract BACKGROUND: The United States Department of Agriculture (USDA) and Animal and Plant Health Inspection Services (APHIS) is a federal agency with a broad mission, which includes carrying out wildlife damage management activities. The USDA - APHIS Wildlife Services maintains an effective Integrated Wildlife Damage Management (IWDM) program to resolve conflicts with wildlife throughout the County. APHIS-Wildlife Services' overall goal is to maintain a biologically sound IWDM program to assist property owners, businesses, private citizens, and governmental agencies in resolving wildlife damage problems and conduct control activities in accordance with applicable local laws and regulations. Under this agreement, USDA assistance to the County may include (1) technical assistance through demonstration and instruction of wildlife damage prevention and/or control techniques, (2) predator identification and removal when livestock, crop, or natural resource damage is verified, (3) nuisance wildlife technical assistance including removal, if necessary, when property damage is identified, and (4) removal of wildlife displaying aggressive behavior or causing actual injury to County residents. CONSEQUENCE OF NEGATIVE ACTION: A negative action will restrict the Department in providing wildlife damage management services and taking corrective actions on existing wildlife damage problems for the residents of the County. RECOMMENDATION(S): (1) APPROVE contract General Conditions, Technical Specifications, and Construction Task Catalog for Job Order Contracts 023. (2) DETERMINE that A CST Group Inc. d/b/a Dynasel USA submitted the lowest responsive and responsible bids for the award of the job order contract. (3) AWARD a job order construction contract for repair, remodeling, and other repetitive work to be performed pursuant to the Construction Task Catalog to A CST Group Inc. d/b/a Dynasel USA in the amount of $2,500,000, for a term of one year each (commences ninety (90) days after contract execution or upon the first Notice to Proceed whichever comes first for each contract), and DIRECT that the Public Works Director, or designee, prepare the contracts. (4) DIRECT that A CST Group Inc. d/b/a Dynasel USA shall submit two good and sufficient security bonds (performance and payment bonds) in the amount of $2,500,000 each. (5) ORDER that, after A CST Group Inc. d/b/a Dynasel USA has signed the job order contract and returned it, together with the bonds, evidence of insurance, and other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contract for the Board. (6) ORDER that, upon signature of the job order contract by the Public Works Director, or designee, any bid bonds posted by such bidder are to be exonerated and any checks or cash submitted for security shall be returned. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jeffrey K. Acuff 925-9570-2487 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 90 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:AWARD and AUTHORIZE Job Order Contract to A CST Group Inc. d/b/a Dynasel USA for Repair, Remodeling, and other Repetitive Work (W4011C) RECOMMENDATION(S): (CONT'D) (7) AUTHORIZE the Public Works Director, or designee, to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for monies withheld by the County to ensure performance under the contracts, pursuant to Public Contract Code Section 22300. (8) AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to Public Contract Code Section 20142. (9) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board’s functions under Public Contract Code Section 4107 and 4110. (10) DECLARE that, should the award of the contract to A CST Group Inc. d/b/a Dynasel USA be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject the bids received. FISCAL IMPACT: Job orders under the job order contracts will only be issued when there is an approved project and funding. The contract value can range from a minimum of $25,000 to a maximum of $2,500,000. BACKGROUND: In order to be efficient in delivering projects, the County needs to employ a variety of project delivery methods. One such method is Public Contract Code Section 20128.5, which authorizes counties to award one or more individual annual contracts for repair, remodeling, or repetitive work to be done according to unit prices. Once an annual contract is awarded, individual projects are then done through written job orders performed by the job order contractor at the unit prices bid for the annual contract. Such job order contracting (JOC) is a project delivery tool that has been proven to reduce costs, save time, and increase productivity. The JOC Program has been a valuable construction project delivery tool for the term of the JOC contracts. As the expiration dates and maximum contract amounts are reached for existing job order contracts, other projects are otherwise eligible to be accomplished under the JOC program. On November 29, 2022, the Board of Supervisors authorized the Public Works Director, or designee, to solicit for job order contracts for repair, remodeling, and other repetitive work, and bring to the Board recommendations to award four contracts. Bids were invited by the Public Works Director and on January 4, 2023, the Public Works Director received 8 bids for the job order contracts. The scope of work performed under the job order contracts will be determined by individual job orders using the Construction Task Catalog. Three of the four lowest responsive bidders are being recommended for contract award and Public Works hopes to do the same with the other one as soon as labor issues are resolved. The contracts are being awarded based on the lowest Award Criteria Figure (ACF) that is calculated by each bidder using the award criteria figure formula percentages required by each job order using adjustment factors called out in the bidding documents. Bid documents for Job Order Contracts 021, 022, 023 & 024, including construction task catalog and construction specifications for typical work, were prepared for the Public Works Department by the County’s job order contracting consultant, The Gordian Group, Inc. The general prevailing wage rates are on file with the Clerk of the Board of Supervisors and will be the minimum rates paid on the projects covered by the annual Job Order Contracts. Bids for Job Order Contracts 021, 022, 023 & 024 were received and opened by the Public Works Department on January 4, 2023 and the bid results are as follows: BIDDER AWARD CRITERIA Aztec Consultants, Inc.1.1360 MVP Construction, LLC 1.1400 A CST Group Inc., d/b/a Dynasel USA 1.1440 Mark Scott Construction, Inc.1.1510 Stratus Construction Co.1.2280 MIK Construction, Inc.1.2500 C & C Contracting, Inc.1.2900 Staples Construction Company, Inc.1.3995 Staff has determined that the four lowest bids received from Aztec Consultants, Inc.; MVP Construction, LLC; A CST Group Inc. d/b/a Dynasel USA; and Mark Scott Construction, Inc. are responsive. The Public Works Director recommends the Board award the job order contract for this project to A CST Group Inc. d/b/a Dynasel USA (JOC 023) for job order contracts in amounts not less than $25,000 nor more than $2,500,000 each. California Environmental Quality Act (CEQA) requirements will be determined and addressed on a project-by-project basis as projects occur. Each of the job order contractors will perform outreach required under the County’s Outreach Program for the work to be performed under each job order in excess of $175,000. CONSEQUENCE OF NEGATIVE ACTION: If these JOC bid solicitations are not approved and authorized, the County will not have the resources to complete deferred maintenance projects as described in the Facilities Lifecycle Improvement Program report and other County construction projects involving repair, remodeling, and other repetitive work. RECOMMENDATION(S): (1) APPROVE contract General Conditions, Technical Specifications, and Construction Task Catalog for Job Order Contracts 024. (2) DETERMINE that Mark Scott Construction, Inc., submitted the lowest responsive and responsible bids for the award of the job order contract. (3) AWARD a job order construction contract for repair, remodeling, and other repetitive work to be performed pursuant to the Construction Task Catalog to Mark Scott Construction, Inc., in the amount of $2,500,000, for a term of one year each (commences ninety (90) days after contract execution or upon the first Notice to Proceed whichever comes first for each contract), and DIRECT that the Public Works Director, or designee, prepare the contracts. (4) DIRECT that Mark Scott Construction, Inc., shall submit two good and sufficient security bonds (performance and payment bonds) in the amount of $2,500,000 each. (5) ORDER that, after Mark Scott Construction, Inc., has signed the job order contract and returned it, together with the bonds, evidence of insurance, and other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contract for the Board. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jeffrey K. Acuff, 925-9570-2487 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 91 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:AWARD and AUTHORIZE Job Order Contract to Mark Scott Construction, Inc., for Repair, Remodeling, and other Repetitive Work (W4011C) RECOMMENDATION(S): (CONT'D) (6) ORDER that, upon signature of the job order contract by the Public Works Director, or designee, any bid bonds posted by such bidder are to be exonerated and any checks or cash submitted for security shall be returned. (7) AUTHORIZE the Public Works Director, or designee, to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for monies withheld by the County to ensure performance under the contracts, pursuant to Public Contract Code Section 22300. (8) AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to Public Contract Code Section 20142. (9) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board’s functions under Public Contract Code Section 4107 and 4110. (10) DECLARE that, should the award of the contract to Mark Scott Construction, Inc., be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject the bids received. FISCAL IMPACT: Job orders under the job order contracts will only be issued when there is an approved project and funding. The contract value can range from a minimum of $25,000 to a maximum of $2,500,000. BACKGROUND: In order to be efficient in delivering projects, the County needs to employ a variety of project delivery methods. One such method is Public Contract Code Section 20128.5, which authorizes counties to award one or more individual annual contracts for repair, remodeling, or repetitive work to be done according to unit prices. Once an annual contract is awarded, individual projects are then done through written job orders performed by the job order contractor at the unit prices bid for the annual contract. Such job order contracting (JOC) is a project delivery tool that has been proven to reduce costs, save time, and increase productivity. The JOC Program has been a valuable construction project delivery tool for the term of the JOC contracts. As the expiration dates and maximum contract amounts are reached for the existing job order contracts, other projects are otherwise eligible to be accomplished under the JOC program. On November 29, 2022, the Board of Supervisors authorized the Public Works Director, or designee, to solicit for job order contracts for repair, remodeling, and other repetitive work, and bring to the Board recommendations to award four contracts. Bids were invited by the Public Works Director and on January 4, 2023, the Public Works Director received 8 bids for the job order contracts. The scope of work performed under the job order contracts will be determined by individual job orders using the Construction Task Catalog. Three of the four lowest responsive bidders are being recommended for contract award and Public Works hopes to do the same with the other one as soon as labor issues are resolved. The contracts are being awarded based on the lowest Award Criteria Figure (ACF) that is calculated by each bidder using the award criteria figure formula percentages required by each job order using adjustment factors called out in the bidding documents. Bid documents for Job Order Contracts 021, 022, 023 & 024, including construction task catalog and construction specifications for typical work, were prepared for the Public Works Department by the County’s job order contracting consultant, The Gordian Group, Inc. The general prevailing wage rates are on file with the Clerk of the Board of Supervisors and will be the minimum rates paid on the projects covered by the annual Job Order Contracts. Bids for Job Order Contracts 021, 022, 023 & 024 were received and opened by the Public Works Department on January 4, 2023 and the bid results are as follows: BIDDER AWARD CRITERIA Aztec Consultants, Inc.1.1360 MVP Construction, LLC 1.1400 A CST Group Inc., d/b/a Dynasel USA 1.1440 Mark Scott Construction, Inc.1.1510 Stratus Construction Co.1.2280 MIK Construction, Inc.1.2500 C & C Contracting, Inc.1.2900 Staples Construction Company, Inc.1.3995 Staff has determined that the four lowest bids received from Aztec Consultants, Inc.; MVP Construction, LLC; A CST Group Inc. d/b/a Dynasel USA; and Mark Scott Construction, Inc., are responsive. The Public Works Director recommends the Board award the job order contract for this project to Mark Scott Construction, Inc. (JOC 024) for job order contracts in amounts not less than $25,000 nor more than $2,500,000 each. California Environmental Quality Act (CEQA) requirements will be determined and addressed on a project-by-project basis as projects occur. Each of the job order contractors will perform outreach required under the County’s Outreach Program for the work to be performed under each job order in excess of $175,000. CONSEQUENCE OF NEGATIVE ACTION: If these JOC bid solicitations are not approved and authorized, the County will not have the resources to complete deferred maintenance projects If these JOC bid solicitations are not approved and authorized, the County will not have the resources to complete deferred maintenance projects as described in the FLIP report and other County construction projects involving repair, remodeling, and other repetitive work. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-782-1 with Jeff Weichieh Chiu D.O., Inc., a professional corporation, in an amount not to exceed $210,000, to provide emergency medicine services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period June 1, 2023 through May 31, 2024. FISCAL IMPACT: Approval of this contract will result in annual budgeted expenditures of up to $210,000 and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers relies on contractors to provide necessary specialty health services to its patients. If approved, this contractor’s emergency medicine services will include clinic coverage, consultation, training, medical and surgical procedures. This contractor has been providing emergency medicine services to the County since June 2022. On June 21, 2022, the Board of Supervisors approved Contract #76-782 with Jeff Weichieh Chiu D.O., Inc., in an amount not to exceed $210,000 for the provision of emergency medicine services at CCRMC and Contra Costa Health Centers for the period June 1, 2022 through May 31, 2023. Approval of Contract #76-782-1 will allow this contractor to continue providing emergency medicine services through May 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC and Contra Costa Health Centers will not have access to this contractor’s emergency medicine clinic coverage or medical and surgical procedure services, which may impact timely care to patients requiring immediate medical attention. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 92 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Contract #76-782-1 with Jeff Weichieh Chiu D.O., Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, as follows: (1) Cancelation Agreement #27-745-9 with Suraj M. Cherry, M.D., an individual, effective at the end of business on April 30, 2023; and (2) Contract #27-745-10 with Suraj Cherry, M.D., a sole proprietor, in an amount not to exceed $600,000, to provide ophthalmology services for Contra Costa Health Plan (CCHP) members and County recipients, for the period May 1, 2023 through April 30, 2025. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $600,000 over a 2-year period and will be funded 100% by CCHP Enterprise Fund II revenues. (Rate increase) BACKGROUND: CCHP has an obligation to provide certain ophthalmology 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 these services since March 2008. On February 9, 2021, the Board of Supervisors approved Contract #27-745-8 with Suraj M. Cherry, M.D., in an amount not to exceed $600,000, for the provision of ophthalmology services for CCHP members and County recipients for the period March 1, 2021 through February 29, 2024. In consideration of the contractor’s agreement to continue providing services and the Department's need to increase rates to maintain an adequate network for CCHP members to meet Department of Health Care Services (DHCS) and California Department of Managed Health Care (DMHC) mandates, the Department and the contractor have agreed to (1) mutual cancelation of the current contract in accordance with General Conditions Paragraph 5 (Termination), of the contract (Cancelation Agreement #27-745-9), and (2) establish a new contract with the correct terms and conditions for the next two years. Under new Contract #27-745-10, this contractor will provide ophthalmology services for CCHP members and County recipients with the new contract APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Noel Garcia, Marcy Wilhelm C. 93 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Cancelation Agreement #27-745-9 and Contract #27-745-10 with Suraj Cherry, M.D. BACKGROUND: (CONT'D) rates and term of May 1, 2023 through April 30, 2025. CONSEQUENCE OF NEGATIVE ACTION: If the cancelation and new contract are not approved, certain specialized ophthalmology services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided timely due to the limited number of specialty providers in the area. RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Information Officer, Department of Information Technology, or designee, to execute an enterprise agreement with Amazon Web Services (AWS) in an amount not to exceed $500,000 for data hosting and other information technology services for the period of April 4, 2023, to April 3, 2025. FISCAL IMPACT: As departments procure services utilizing this contract, they will return to the Board for approval as required. 100% User Departments. BACKGROUND: As County departments move forward to upgrade existing legacy software applications or implement new systems, utilizing cloud services is often an attractive option due to cost and the timely availability of resources. To streamline the process for departments to procure these services an utilizing established agreement that provide appropriate levels of protection and control over County data. Additionally, the Agreement provides that AWS' of liability is capped at $1 million dollars for the initial 24 months of the contract. This is an increase over AWS' standard liability cap that is not to exceed amounts paid to AWS in the 12 months preceding the claim. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 94 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:April 4, 2023 Contra Costa County Subject:Amazon Web Services Enterprise Agreement BACKGROUND: (CONT'D) Based on feedback from departments who have indicated they will be utilizing AWS services in the next 24 months, it is estimated the County will spend approximately $500,000 over the next 24 months. Without this negotiated liability cap increase, the County's ability to recoup damages from AWS in the event of data loss or data breach caused by AWS would be limited to the amount of subscription cost paid to AWS during the previous 12 month period. Additionally, this contract provides the County with greater control of where County data resides within the AWS environment and greater ability to enable and standardize cybersecurity features across all AWS resources utilized by County departments. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County departments will have to utilize the generic AWS Terms and Conditions which do not provide the County with appropriate liability protections and assurances for the protection of County data. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:3 John Gioia Candace Andersen Diane Burgis NO: ABSENT:2 Ken Carlson Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2023/109 RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CONSENTING TO AND AUTHORIZING THE ORINDA SCHOOL DISTRICT TO ISSUE, ON ITS OWN BEHALF, GENERAL OBLIGATION BONDS AUTHORIZED BY VOTERS ON NOVEMBER 6, 2018 RESOLVED by the Board of Supervisors (the “Board”) of Contra Costa County (the “County”), State of California: WHEREAS, sections 53506 et seq. of the California Government Code, including section 53508.7 thereof, provide that California public school district may issue and sell bonds on its own behalf at private sale pursuant to sections 15140 or 15146 of the California Education Code; WHEREAS, section 15140(b) of the California Education Code provides that the board of supervisors of county may authorize California public school district in the county to issue and sell its own bonds without the further action of the board of supervisors or officers of the county; WHEREAS, the Board of Trustees of the Orinda School District (the “District”), a California public school district under the jurisdiction of the County, has heretofore adopted and filed with the Clerk of this Board, (i) a resolution (the “Measure E Resolution”) providing for the issuance and sale of its Election of 2018 General Obligation Bonds, Measure E Series C (the “Measure E Bonds”), in an amount not to exceed $15,000,000 and (ii) a resolution (the “Measure I Resolution” and, together with the Measure E Resolution, the “District Resolutions”) providing for the issuance and sale of its Election of 2018 General Obligation Bonds, Measure I Series C (the “Measure I Bonds” and, together with the Measure E Bonds, the “Bonds”), in an amount not to exceed $25,000,000, through a negotiated sale pursuant to sections 53506 et seq. of the California Government Code; and WHEREAS, it has been requested that this Board authorize the District to issue and sell the Bonds on its own behalf through a negotiated sale, as permitted by section 53508.7 of the California Government Code, certain provisions of the California Education Code, and the terms set forth in the District Resolutions, respectively; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, State of California, as follows: Section 1. Recitals. All of the foregoing recitals are true and correct. Section 2. Consent and Authorization of Negotiated Sale. This Board hereby consents to and authorizes the issuance and sale by the District on its own behalf of the Bonds, through a negotiated sale, as permitted by section 53508.7 of the California Government Code and the terms and conditions set forth in the District Resolutions. This consent and authorization set forth herein shall only apply to the Bonds. Section 3. Source of Payment. The County acknowledges receipt of the District Resolutions, as adopted, and the direction from the District to levy collect and distribute ad valorem tax revenues pursuant to section 15250 et seq. of the California Education Code to pay principal of and interest on the Bonds when and if sold. Correspondingly, and subject to the issuance and sale of the Bonds and transmittal of information concerning the debt service requirements thereof to the appropriate County officers there shall be levied by the County, on all taxable property in the District, a continuing direct ad valorem tax annually during the period the Bonds are outstanding commencing with fiscal year 2023-24 in an amount sufficient to pay the principal of and interest on the Bonds when due, which tax revenues when collected will be placed in the respective Debt Service Fund of the District, as defined in each District Resolution, which Debt Service Funds have been irrevocably pledged for the payment of the principal of and interest on the Bonds when and as the same fall due, respectively. The monies in the Debt Service Funds, to the extent necessary to pay the principal of and interest on the Bonds, respectively, as the same become due and payable, shall be transferred by the County to the Paying Agent, as defined in the District Resolutions, to pay the principal of and interest on the Bonds as set forth in the District Resolution. Section 4. Approval of Actions. Officials and staff of the District and County are authorized to do any and all things and are hereby authorized and directed jointly and severally to execute and deliver any and all documents which they may deem necessary or advisable in order to assist the District with the issuance of the Bonds and otherwise carry out, give effect to and comply with the terms and intent of this resolution. Such actions heretofore taken by such officers, officials and staff are hereby ratified confirmed and approved. Section 5. Indemnification of County . The District has represented that it shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (the “Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which the Indemnified Parties may become subject because of action or inaction related to the adoption of this resolution, or related to the proceedings for sale, award, issuance and delivery of the Bonds in accordance herewith and with the District’s Resolutions, and that the District shall also reimburse the Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. Section 6. Limited Responsibility for Official Statement. Neither the Board nor any officer of the County has prepared or reviewed the official statement of the District describing the Bonds (the “Official Statement”) and this Board and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County’s investment policy, current portfolio holdings and valuation procedures, as they may relate to funds of the District held by the County Treasurer-Tax Collector, the County Treasurer-Tax Collector is hereby authorized and directed to prepare and review such information for inclusion in the Official Statement and in a preliminary official statement, and to certify in writing prior to or upon the issuance of the Bonds that the information contained in such section does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein in the light of the circumstances under which they are made not misleading. Section 7. Limited Liability. Notwithstanding anything to the contrary contained herein in the Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the Bonds shall be payable solely from the moneys of the District available therefore as set forth in the District Resolutions and herein. Section 8. Effective Date. This resolution shall take effect immediately upon its passage. Contact: Timothy Ewell, 925-655-2043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Hon. Robert R. Campbell, Auditor-Controller, Hon. Russell V. Watts, Treasurer-Tax Collector RECOMMENDATION(S): ADOPT Resolution No. 2023/109 authorizing the issuance and sale of "Orinda Union School District, Election of 2018 General Obligation Bonds, Measure E Series C and Measure I Series C" in an aggregate amount not to exceed $40,000,000 by the Orinda Union School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code. FISCAL IMPACT: There is no fiscal impact to the County. BACKGROUND: The Orinda Union School District intends to issue General Obligation bonds to fund capital improvements throughout the District. The District has requested that the Board of Supervisors adopt a resolution authorizing the direct issuance and sale of bonds by the District on its own behalf as authorized by Section 15140(b) of the Education Code. The County has no financial responsibility for repayment of the bonds issued by the District, but must take action only to allow the District to issue the bonds on its own behalf, otherwise the County must issue the bonds on behalf of the District. The District adopted two resolutions on March 13, 2023, one for Measure C and one for Measure I, authorizing the sale and issuance of the bonds (copies of each resolution are attached for reference). This issuance was approved by the voters as part of a bond measure listed on the November 6, 2018 ballot. Since that time, the District has been issuing bonds in tranches, as needed, to finance improvements at campus locations throughout the District area. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, 925-655-2043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Hon. Robert R. Campbell, Auditor-Controller, Hon. Russell V. Watts, Treasurer-Tax Collector C. 95 To:Board of Supervisors From:Monica Nino, County Administrator Date:April 4, 2023 Contra Costa County Subject:Orinda Union School District, Election of 2018 General Obligation Bonds, Measure E Series C and Measure I Series C CONSEQUENCE OF NEGATIVE ACTION: Without the Contra Costa County Board of Supervisors authorization, the School District will not be able to issue the bonds. CHILDREN'S IMPACT STATEMENT: The recommendation supports the following Children's Report Card outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution 2023/109 District Resolution - Measure E District Resolution - Measure I MINUTES ATTACHMENTS Signed Resolution No. 2023/109 1 RESOLUTION NO. 2023/61123 RULES OF PROCEDURE FOR BOARD OF SUPERVISORS MEETINGS POLICY It is the policy of the Board of Supervisors to hold public meetings in accordance with the requirements of the Ralph M. Brown Act and all other applicable governing legislation. The Board strives to govern and work together in an effective, efficient, ethical and courteous manner in the highest tradition of public service and in the best interests of the County of Contra Costa and its residents. This resolution supersedes Resolution No. 2019/5002023/61. PROCEDURE GENERAL PROVISIONS Rule 1. Applicability of Rules 1.1 These Rules of Procedure (“Rules”) are adopted pursuant to Government Code Section 25003. The Rules apply to the Board of Supervisors of the County of Contra Costa whether sitting as the Board of Supervisors of the County or as the governing body of any other district, authority, or board. 1.2 The Rules are deemed to be procedural only. Except as otherwise provided by law, the failure to strictly observe application of the Rules shall not affect the jurisdiction of the Board or invalidate any action taken at a meeting that is otherwise held in conformity with the law. 1.3 Except as otherwise provided by law, these Rules, or any one of them, may be suspended by order of the Chair and will be deemed suspended by actions taken by or with the consent of the Chair or a majority of the Board members. Rule 2. Definitions 2.1 “Board” means the Board of Supervisors of the County of Contra Costa, whether sitting as the Board of Supervisors of the County or as the governing body of any other district, authority, or board. 2.2 “Chair” and “Vice Chair” mean the Board members elected to those respective offices. “Chair” also means the presiding officer acting in the absence of the elected Chair. 2.3 “Clerk” means the Clerk of the Board or a Deputy Clerk of the Board. 2.4 “County Counsel” means the Board’s attorney, appointed pursuant to Ordinance Code section 24-12.002. 2 RESOLUTION NO. 2023/61123 MEETINGS Rule 3. Organization Meeting The Organization Meeting of the Board shall be held on its first regular meeting in January of each year. Rule 4. Regular Meetings 4.1 All regular meetings shall be held by the Board, in all its capacities, in its chambers in the Contra Costa County Administration Building, at 1025 Escobar Street, Martinez, California. Regular meetings shall commence at 9:00 a.m., or as otherwise prescribed by the Chair. Regular meetings generally shall be held on every Tuesday of the month. However, the Board shall not be required to hold a regular meeting (1) on any Tuesday that is the fifth Tuesday of a calendar month, (2) on any Tuesday following a Monday holiday, (3) that is canceled pursuant to the annual calendar adopted by the Board, or (4) that is canceled by the Chair when no quorum is expected to be present. 4.2 Holidays, fifth Tuesdays, and periodic breaks, which result in a canceled meeting, will be determined by the Board and posted annually, and modified as necessary. Rule 5. Absence of a Quorum, Adjournment 5.1 In the absence of a quorum, the remaining members or (if no member is present) the Clerk may adjourn the meeting to another date and time in accordance with Government Code Section 54955 and shall post a Notice of Adjournment. 5.2 In the event a Supervisor leaves the hearing room, momentarily causing a lack of quorum, he or she should notify the Chair of his or her intended absence, and the Chair may call a recess. ELECTION, POWERS AND DUTIES OF CHAIR AND VICE CHAIR Rule 6. Annual Selection of Chair and Vice Chair, and Committee Assignments 6.1 On or before December 1 of each year, on a form provided by the Clerk, each Board member will submit to the Clerk their individual preference for appointment to committees, boards and commissions. During the month of December, the Clerk will ask the Board to acknowledge receipt of the preference forms as a Board action item on a public agenda. 6.2 The election of officers of the Board shall occur on or about the last meeting in September for the ensuing year beginning on January 1. Officers shall serve until December 31 or until the selection of their successors, whichever occurs later. 6.3 At its Organization Meeting, or thereafter, the incoming/new Chair will submit for approval by the full Board, the Chair’s final recommendations for Board assignments to 3 RESOLUTION NO. 2023/61123 the local, regional and statewide committees, boards and commissions, in accordance with the Board’s March 21, 2000 policy on Board Member Committee Assignments, as may be amended from time to time. Rule 7. Powers and Duties of Chair The Chair shall serve as presiding officer of the Board, rule on questions of procedure, nominate for Board approval representatives to Board committees whose appointment is not otherwise provided for, sign resolutions, ordinances, contracts, leases and other official documents approved by the Board, preserve order and decorum, and decide all questions of order. The Chair may consult with County Counsel in making such rulings. Decisions of the Chair may be overruled by a majority vote of the Board. Rule 8. Powers and Duties of the Vice Chair The Vice Chair shall have and exercise all powers and duties of the Chair at the meetings at which the Chair is absent. Rule 9. Selection of a Chair Pro Tempore If neither the Chair nor the Vice Chair is present at a Board meeting, the Board members present shall select one of their members to act as the Chair Pro Tempore. The Chair Pro Tempore shall have and exercise all the powers and duties of the Chair for that particular meeting only. ORDER AND CONDUCT OF BUSINESS Rule 10. Order of Business The order of business at each regular meeting, except for such times as may be set apart for consideration of special items (or as otherwise prescribed by the Chair), shall be as follows: 10.1 Call to Order. The presiding officer initiates the proceedings by bringing the meeting to order. 10.2 Roll Call. The Clerk calls the roll and records by name all members present or absent. During the course of the meeting the Clerk records the arrival of any member listed as absent and the departure of any member listed as present. 10.3 Inspirational Thought. The Board hears an inspirational thought as set forth on the agenda. 10.4 Pledge of Allegiance to the Flag of the United States of America. The Chair designates a person to lead those present in reciting the Pledge. 10.5 Agenda Review. The Chair inquires whether Board members or the County Administrator wish to make any agenda revisions or request any items to be continued or removed from the Consent agenda. 4 RESOLUTION NO. 2023/61123 10.6 Added Items. The Board may take action on items of business not appearing on the posted agenda under any of the following circumstances: 10.6.1 Upon a determination by a majority vote that an emergency situation exists, as defined in Government Code Section 54956.5. 10.6.2 Upon a determination by a two-thirds vote, or, if fewer than two-thirds of the members are present, by unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the County subsequent to the agenda being posted. 10.6.3 The item was posted for a prior meeting of the Board occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. 10.7 Consent Agenda Items. Consent agenda items are routine in nature and do not require individual consideration. All Consent items are approved by a single vote as recommended without discussion unless an item is removed and continued or considered during the regular agenda for separate action. 10.8 Presentations. Each presentation will last no more than five minutes, unless this time is extended by the Chair. A maximum of three presentations may be scheduled at each meeting except that the Chair may authorize an additional presentation(s). The subject of the presentations should be of countywide interest and significance. 10.9 Public Comment. Public Comment is that period of time set aside for members of the public to address the Board on matters within the jurisdiction of the Board that are not listed on the agenda (“off-agenda”). The Public Comment item shall be deemed to constitute the opportunity for members of the public to address the Board in compliance with Government Code Section 54954.3. See Rule 11. 10.10 Discussion Items. Discussion items include items previously removed from the Consent calendar. 10.11 Closed Session. Closed session discussion items are intended to be heard at the specified time(s) but may be heard earlier or later, in the discretion of the Chair. 10.12 Adjournment. Any Board member may request that the meeting be adjourned in memory of a recently deceased person. Rule 11. Conduct of Meetings Members of the public may participate in meetings in person, via the telephone, or via internet- based options. 5 RESOLUTION NO. 2023/61123 11.1 Addressing the Board—General 11.1.1 For speakers who attend the meeting in person, before the meeting, or during the meeting before the agenda item to be addressed, a person wishing to address the Board should fill out a yellow speaker card and deposit it in the box near the podium. 11.1.2 The Clerk shall ensure that members of the public have the ability to address the Board remotely via telephonic and iInternet-based options. Instructions for public participation via remote options will be included on meeting agendas and on the County’s website. 11.1.3 When called upon, a speaker who attends the meeting in person should come to the podium. A speaker, whether attending in person or remotely, should state his or hertheir name for the record, and, if speaking for an organization or other group, identify the organization or group represented. The Chair has the discretion to determine the order in which to call upon speakers for comment. 11.1.4 All remarks should be addressed to the Board as a whole, not to individual members, to the staff, or to the audience. Each person speaking from the floor or via remote participation shall obtain permission from the Chair. 11.1.5 Questions, if any, should be addressed to the Chair, who will determine whether or by whom an answer will be provided. 11.1.6 Each speaker wishing to comment on an agenda item not on the Consent agenda, including items removed from the Consent agenda, will have two minutes to comment on each item. This time may be extended or reduced, in the discretion of the Chair. 11.1.7 Any member of the public may comment on one or more items listed on the agenda as Consent items. Each speaker will be allowed two minutes to comment on the entire Consent agenda. This time may be extended or reduced, in the discretion of the Chair. 11.1.8 No speaker may yield time to another speaker. 11.1.9 A speaker utilizing the services of a translator will be allotted twice the amount of time to speak to ensure that non-English speakers receive the same opportunity to address the Board. 11.1.10 All speakers, especially those who anticipate making oral presentations or comments exceeding two minutes, are encouraged to submit comments in writing, in advance, to the Clerk for distribution to the Board and other 6 RESOLUTION NO. 2023/61123 interested parties at the earliest feasible time before the meeting, but no later than 8:00 a.m. on the day of the meeting. Written comments may be submitted either by mail or via email: clerkoftheboard@cob.cccounty.us. The Board requests that a person providing written materials to the Board during a meeting submit an original and 10 copies. Such written comments will be distributed to members of the Board and staff. Comments submitted by mail or email will be included in the record of the meeting, but will not be read during the meeting. 11.1.11 In order toTo maintain a public meeting environment conducive to receiving public testimony from all sides of any issue, it is the Board’s policy that the audience will be discouraged from engaging in audible or emotional displays of support or opposition to testimony provided. Behavior such as clapping, booing, hissing, and cheering can create an intimidating environment for people interested in giving public testimony and can unnecessarily lengthen Board meetings. Consequently, such behavior is discouraged. 11.1.12 Speakers should not present the same or substantially the same items or argument to the Board as presented by earlier speakers, or be profane in presenting their oral comments. 11.1.13 In order toTo expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Board on the same subject matter, the Chair may request that a spokesperson be chosen by the group to comment on its behalf. 11.1.14 Comments under the Public Comment portion of the agenda are limited to subjects within the subject matter jurisdiction of the County but are not listed as separate items on the agenda. These comments are limited to no more than two minutes per speaker. If numerous persons wish to make comments, the Chair may limit the Public Comment period to a specific amount of time, and/or may reduce the time limit per speaker. 11.1.1311.1.15 In the interest of facilitating the business of the Board, the total amount of time that a member of the public may use in addressing the Board on all agenda items, including all regular agenda items, Consent items, and Public Comment, is 10 minutes. 11.1.1411.1.16 To minimize distractions during public meetings, all personal communication devices, such as mobile phones, will be turned off or put in a non-audible mode during Board meetings. 11.1.1511.1.17 Any of the foregoing rules may be waived by the Chair or by a majority vote of the Board members present when it is deemed that there is good cause to do so, based upon the particular facts and circumstances involved. 11.1.1611.1.18 The rules set forth above are not exclusive and do not limit the inherent 7 RESOLUTION NO. 2023/61123 power and general legal authority of the Board, or of its presiding officer, to govern the conduct of Board meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the County. 11.2 Addressing the Board—Public Comment. Comments under the Public Comment portion of the agenda are limited to subjects within the subject matter jurisdiction of the County but are not listed as separate items on the agenda. These comments are limited to no more than two minutes per speaker. If numerous persons wish to make comments, the Chair may limit the Public Comment period to a specific amount of time, and/or may reduce the time limit per speaker. Speakers are encouraged to submit written comments, either by mail or via email: clerkoftheboard@cob.cccounty.us. Written comments must be received by the Clerk before 8:00 a.m. on the day of the meeting in order to be considered at the meeting. Comments submitted by mail or email will be included in the record of the meeting, but will not be read during the meeting. 11.311.2 Use of Acronyms. The Board discourages the use of acronyms, abbreviations, and industry-specific language in its meetings and written materials. Rule 12. Public Hearings for Planning and Zoning Matters (Land Use Matters) 12.1 Order of Procedure. Unless the Chair in his or her discretion directs otherwise, the order for presentation of testimony on particular land use items shall be as follows: 12.1.1 Presentation by staff. 12.1.2 Documents. The Chair acknowledges receipt of any documents offered as evidence and filed with the Clerk before the hearing. 12.1.3 First Presentation. If the item is presented for Board approval (e.g., rezoning, development plan), the first presentation is by the project applicant, followed by public testimony. If the item is an appeal from a decision of a lower body (e.g., subdivision, land use permit), the first presentation is by the appellant, followed by the presentation by the project applicant. This presentation (or each presentation, if the item is an appeal) shall not exceed 10 minutes or the approximate length of the staff presentation, whichever is greater. 12.1.4 Public testimony. Each speaker shall have no more than two minutes. 12.1.5 Rebuttal. A rebuttal not exceeding five minutes may be made by the person making the first presentation. 12.1.6 Closing comments by staff. 12.1.7 Board discussion and decision. 12.2 Conduct of Hearings. 8 RESOLUTION NO. 2023/61123 12.2.1 Witnesses’ Testimony. Witnesses will not be sworn. 12.2.2 Rules of Evidence. The hearing will not be conducted according to technical judicial rules of evidence. Any relevant evidence may be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The Chair may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings ensuring basic fairness and a full airing of the issues involved. 12.2.3 Transcripts. Any person desiring to have a hearing transcribed by a stenographic reporter at his or her own expense may do so, provided that he or she consults the Clerk to arrange facilities for such reporting prior to commencement of the hearing and advises the Clerk of the full name, business address, and telephone number of the reporter being used. 12.3 Exhibits. 12.3.1 Subject to paragraph 12.3.2, all exhibits, including documentary materials such as photographs, drawings, maps, charts, letters, petitions and other physical evidence, presented at a land use hearing shall be retained in the Board files as part of the record of the hearing. 12.3.2 Any staff exhibit (e.g., a general plan or area map) that has been or will be used in other land use hearings will be preserved by the Community Development Department for future reference. A notation indicating its location shall be made in the case file in any matter in which it has been used. 12.4 Questioning of Speakers and Staff. Any person desiring to direct a question to a speaker or staff member shall submit the question to the Chair, who shall determine whether the question is relevant to the subject of the hearing and whether or not it need be answered by the speaker or staff member. 12.5 Overriding Fairness. Notwithstanding the provisions of paragraph 12.1, the Board is committed to provide an applicant, appellant, or other person or entity with a substantial, direct property interest in an item, a full and fair hearing, based on the facts and circumstances of the particular matter, the nature and complexity of the particular issue, the number of persons wishing to be heard, and similar due process considerations. Toward this end, the Chair, in his or her discretion, may extend the time limits set forth in paragraph 12.1 and consider other procedural mechanisms. 12.6 Absent From Hearing. A Supervisor who was absent from all or part of a hearing may vote on the matter if the Supervisor states for the record that he or she has reviewed all evidence received during the absence and also states that he or she has either: (1) listened to the Clerk’s recording, (2) watched the video, or (3) read a complete transcript of the proceedings that occurred during his or her absence. 9 RESOLUTION NO. 2023/61123 Rule 13. Nuisance Abatement Hearings A hearing on an appeal from the County Abatement Officer’s Notice and Order to Abate shall be held in accordance with the provisions of County Ordinance Code section 14-6.418, as well as with these Rules. In the event of a conflict, the provisions of County Ordinance Code section 14- 6.418 shall prevail. Rule 14. Rules for Participating by Teleconference 14.1 Traditional Teleconference Procedure. The Brown Act permits members of the Board to participate in Board meetings by teleconference, when certain legal requirements are met. (Gov. Code, § 53953 (b).) If these requirements are not met, then the Supervisor calling in cannot be counted as part of the quorum for the meeting, can only listen to the meeting, and cannot discuss any item or vote. If a Supervisor wishes to be able to discuss items and vote by teleconference, then, in addition to the usual agenda posting requirements, the following must occur in advance of the meeting: 14.1.1 Quorum Required. The County Administrator must ensure that during the teleconference meeting, at least a quorum of the Board will participate from locations in the County. 14.1.2 Agenda Requirement - All Locations Must be Listed. Each teleconference location and the meeting location must be shown on the agenda for the meeting. In addition, the agenda must provide an opportunity for members of the public to give public comment from each teleconference location. So, for example, if a Supervisor is participatesing inat a Board Committee meeting from the County Administration Building and another Supervisor participates from the Supervisor’s District Office, then the location for the meeting shown on the agenda would be, for example: 1025 Escobar Street, Martinez, CA, AND the address of the Supervisor’s District Office. The Supervisor’s Office would be considered a meeting location, and the public would be entitled to attend the meeting at the County Administration Building and at the Supervisor’s Officethat location. See paragraph 14.4 below.If each Supervisor participates in a Board Committee meeting from their District Office and the County Administration Building is not a meeting location because staff attends remotely, then the address of each Supervisor’s District Office must be shown on the agenda as a meeting location and the public would be entitled to attend the meeting at each Supervisor’s Office. 14.1.3 Agenda Requirement - Posting. In addition to the usual posting agenda locations and County website, an agenda will be posted at each teleconference location 96 hours in advance of the meeting. The Supervisor participating from the District office shall post the Agenda at the District office 96 hours in advance of the Board meeting. 10 RESOLUTION NO. 2023/61123 14.1.4 Public Participation at Remote Location. Each teleconference location must be open and accessible to members of the public. Thus, if a Supervisor’s District Office is a teleconference location, it must be open to the public during the meeting. The Supervisor would need to have a speaker phone or computer with a microphone so that members of the public would be able to hear the meeting and address the Board directly from the Supervisor’s office. 14.1.5 Roll Call Vote. All votes taken during a teleconference meeting under this Rule must be by roll call. 14.2 Rules for Participating by Teleconference for “Just Cause” or Due to “Emergency Circumstances” The Brown Act permits individual members of the Board to participate in Board meetings by teleconference for “just cause” or due to “emergency circumstances” when certain legal requirements are met. (Gov. Code, § 53953 (f).) This provision of the Brown Act lasts until January 1, 2026. 14.2.1 Teleconference Participation for Just Cause. If a Supervisor wishes to attend a meeting remotely for “just cause,” the Supervisor must notify the Board at the earliest opportunity, up to and including the start of a regular meeting, of the need to participate remotely. The Supervisor must provide a general description of one of the following “just cause” circumstances: (i) there is a childcare or caregiving need for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner; (ii) a contagious illness that prevents the Supervisor from attending in person; (iii) a need related to a physical or mental disability that is not otherwise accommodated for; or (iv) travel while on official business of the Board or another state or local agency. 14.2.2 Teleconference Participation for Emergency Circumstances. If a Supervisor wishes to attend a meeting remotely due to “emergency circumstances,” the Supervisor must provide a general description of the need to appear remotely, which need not exceed 20 words or include any personal medical information. The Supervisor must make the request to participate remotely as soon as possible. “Emergency circumstances” is a physical or family medical emergency that prevents a Supervisor from attending in person. 14.2.3 Board Action Requirements. The Board need not take action to allow a Supervisor to attend virtually for “just cause.” To allow a Supervisor to attend virtually for “emergency circumstances,” the Board must take action on the request at the meeting. If there is insufficient time to include the item on a posted agenda, the Board may take action on the request at the beginning of the meeting and approval must be by majority vote. The Supervisor requesting the remote appearance for this reason may not vote on the request. 14.2.4 Participation Requirements. A Supervisor appearing by teleconference under this 11 RESOLUTION NO. 2023/61123 Rule must participate in the meeting through both audio and visual technology. 14.2.5 Disclosure Requirements. A Supervisor appearing by teleconference under this Rule must publicly disclose at the meeting before any action is taken, whether any other individuals 18 years or older are in the room at the remote location with the Supervisor and the general nature of the Supervisor’s relationship with such individual(s). 14.2.6 Quorum Required. The County Administrator must ensure that during the teleconference meeting conducted under this Rule, at least a quorum of the Board will participate in person, at a single, physical location identified on the agenda that is open to the public and situated within the County. 14.2.7 Limitations on Number of Remote Appearances. A Supervisor may not use a “just cause” reason to appear remotely for more than two meetings per calendar year. A Supervisor may not participate remotely under this Rule for more than three consecutive months or 20 percent of the regular meetings of the Board within the calendar year. 14.2.8 Roll Call. All votes taken during a teleconference meeting conducted under this Rule must be by roll call. 14.2.9 Technological and Access Requirements. If a Supervisor participates remotely under this Rule, the public must be able to remotely hear and visually observe the meeting and remotely address the Board, via a two-way audiovisual platform, or a two-way telephonic service and a live webcasting of the meeting. Rule 15. Disruption of Meeting 15.1 For the purpose of ensuring the orderly conduct of the Board meeting, no whistles, horns, drums, noise makers, megaphones, air horns, bullhorns, or other amplified devices are allowed inside the County Administration Building while the meeting is in session. 15.2 Removing an Individual. The Brown Act permits the Chair to remove a disruptive individual from a Board meeting. (Gov. Code, § 54957.95.) 15.2.1 Disruptive Behavior. An individual’s behavior constitutes a disruption if the individual is engaging in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including, but not limited to, a failure to comply with the reasonable and lawful regulations of the Board and engaging in behavior that constitutes a use of force or a true threat of force. 15.2.2 Threat of Force. A true threat of force is a threat that is sufficiently serious such that a reasonable observer would perceive it to be an actual threat to use force. 15.2.3 Prior Warning. Before the removal, the Chair will warn the individual that the 12 RESOLUTION NO. 2023/61123 individual’s behavior is disrupting the meeting and that if the behavior does not stop, the individual may be removed from the meeting. No prior warning is required before removal if the individual’s behavior constitutes a use of force or a true threat of force. 15.2.4 Removal. If the disruptive individual does not promptly stop the disruptive behavior, the Chair may have the individual removed from the meeting. The Chair may request the assistance of the Sheriff’s Office staff in removing the individual from the meeting. Any person removed from a meeting shall be excluded from further attendance for the remainder of the meeting. 15.3 Clearing the Room. The Brown Act permits the Chair to clear the meeting room and continue in session if a meeting is willfully interrupted by a person or by a group or groups of persons so that the orderly conduct of the meeting becomes infeasible and order cannot be restored by removal of the disruptive individual(s) as set forth in Rule 16.2. In such case, the Chair may order the meeting room cleared and continue in session, as authorized by law (Gov. Code, § 54957.9), recess the meeting, or adjourn the meeting. If the Chair clears the meeting room and continues in session, duly accredited representatives of the press or other news media, except those participating in the disturbance, will be allowed to remain in the meeting room. The Chair may request the assistance of the Sheriff’s Office staff in clearing the meeting room. Only those matters appearing on the posted agenda may be considered in such a session. Rule 16. Civility The Board desires to encourage civility and civil discourse in its meetings and to encourage County elected officers, staff, and the public to follow best practices for civility and civil discourse at Board meetings. Best practices for fostering civility and civil discourse include: • Respecting the right of all people to hold different opinions. • Avoiding rhetoric intended to humiliate, malign, or question the motivation of those whose opinions are different from others. • Striving to understand differing perspectives. • Choosing words carefully and avoiding personal attacks. • Speaking truthfully without accusation and avoiding distortion of facts. • Speaking out against violence, prejudice, and incivility should they occur at Board meetings, while also recognizing First Amendment rights, including the public’s right to criticize programs, procedures, policies, or services of the County or the acts or omissions of the Board, elected officials, advisory bodies, and staff. The Board desires to build a civil political community in which each person is respected, and spirited public and political debate is aimed at the betterment of Contra Costa County and its people and not at the disparagement of others. The Board therefore encourages all County elected officers, staff, and the public to endeavor to adhere to and promote the best practices for civility and civil discourse in conducting business at all Board meetings. Under Resolution No. 2022/73, all those participating in all public meetings should aspire to follow these best practices. 1 RESOLUTION NO. 2023/123 RULES OF PROCEDURE FOR BOARD OF SUPERVISORS MEETINGS POLICY It is the policy of the Board of Supervisors to hold public meetings in accordance with the requirements of the Ralph M. Brown Act and all other applicable governing legislation. The Board strives to govern and work together in an effective, efficient, ethical and courteous manner in the highest tradition of public service and in the best interests of the County of Contra Costa and its residents. This resolution supersedes Resolution No. 2023/61. PROCEDURE GENERAL PROVISIONS Rule 1. Applicability of Rules 1.1 These Rules of Procedure (“Rules”) are adopted pursuant to Government Code Section 25003. The Rules apply to the Board of Supervisors of the County of Contra Costa whether sitting as the Board of Supervisors of the County or as the governing body of any other district, authority, or board. 1.2 The Rules are deemed to be procedural only. Except as otherwise provided by law, the failure to strictly observe application of the Rules shall not affect the jurisdiction of the Board or invalidate any action taken at a meeting that is otherwise held in conformity with the law. 1.3 Except as otherwise provided by law, these Rules, or any one of them, may be suspended by order of the Chair and will be deemed suspended by actions taken by or with the consent of the Chair or a majority of the Board members. Rule 2. Definitions 2.1 “Board” means the Board of Supervisors of the County of Contra Costa, whether sitting as the Board of Supervisors of the County or as the governing body of any other district, authority, or board. 2.2 “Chair” and “Vice Chair” mean the Board members elected to those respective offices. “Chair” also means the presiding officer acting in the absence of the elected Chair. 2.3 “Clerk” means the Clerk of the Board or a Deputy Clerk of the Board. 2.4 “County Counsel” means the Board’s attorney, appointed pursuant to Ordinance Code section 24-12.002. 2 RESOLUTION NO. 2023/123 MEETINGS Rule 3. Organization Meeting The Organization Meeting of the Board shall be held on its first regular meeting in January of each year. Rule 4. Regular Meetings 4.1 All regular meetings shall be held by the Board, in all its capacities, in its chambers in the Contra Costa County Administration Building, at 1025 Escobar Street, Martinez, California. Regular meetings shall commence at 9:00 a.m., or as otherwise prescribed by the Chair. Regular meetings generally shall be held on every Tuesday of the month. However, the Board shall not be required to hold a regular meeting (1) on any Tuesday that is the fifth Tuesday of a calendar month, (2) on any Tuesday following a Monday holiday, (3) that is canceled pursuant to the annual calendar adopted by the Board, or (4) that is canceled by the Chair when no quorum is expected to be present. 4.2 Holidays, fifth Tuesdays, and periodic breaks, which result in a canceled meeting, will be determined by the Board and posted annually, and modified as necessary. Rule 5. Absence of a Quorum, Adjournment 5.1 In the absence of a quorum, the remaining members or (if no member is present) the Clerk may adjourn the meeting to another date and time in accordance with Government Code Section 54955 and shall post a Notice of Adjournment. 5.2 In the event a Supervisor leaves the hearing room, momentarily causing a lack of quorum, he or she should notify the Chair of his or her intended absence, and the Chair may call a recess. ELECTION, POWERS AND DUTIES OF CHAIR AND VICE CHAIR Rule 6. Annual Selection of Chair and Vice Chair, and Committee Assignments 6.1 On or before December 1 of each year, on a form provided by the Clerk, each Board member will submit to the Clerk their individual preference for appointment to committees, boards and commissions. During the month of December, the Clerk will ask the Board to acknowledge receipt of the preference forms as a Board action item on a public agenda. 6.2 The election of officers of the Board shall occur on or about the last meeting in September for the ensuing year beginning on January 1. Officers shall serve until December 31 or until the selection of their successors, whichever occurs later. 6.3 At its Organization Meeting, or thereafter, the incoming/new Chair will submit for approval by the full Board, the Chair’s final recommendations for Board assignments to 3 RESOLUTION NO. 2023/123 the local, regional and statewide committees, boards and commissions, in accordance with the Board’s March 21, 2000 policy on Board Member Committee Assignments, as may be amended from time to time. Rule 7. Powers and Duties of Chair The Chair shall serve as presiding officer of the Board, rule on questions of procedure, nominate for Board approval representatives to Board committees whose appointment is not otherwise provided for, sign resolutions, ordinances, contracts, leases and other official documents approved by the Board, preserve order and decorum, and decide all questions of order. The Chair may consult with County Counsel in making such rulings. Decisions of the Chair may be overruled by a majority vote of the Board. Rule 8. Powers and Duties of the Vice Chair The Vice Chair shall have and exercise all powers and duties of the Chair at the meetings at which the Chair is absent. Rule 9. Selection of a Chair Pro Tempore If neither the Chair nor the Vice Chair is present at a Board meeting, the Board members present shall select one of their members to act as the Chair Pro Tempore. The Chair Pro Tempore shall have and exercise all the powers and duties of the Chair for that particular meeting only. ORDER AND CONDUCT OF BUSINESS Rule 10. Order of Business The order of business at each regular meeting, except for such times as may be set apart for consideration of special items (or as otherwise prescribed by the Chair), shall be as follows: 10.1 Call to Order. The presiding officer initiates the proceedings by bringing the meeting to order. 10.2 Roll Call. The Clerk calls the roll and records by name all members present or absent. During the course of the meeting the Clerk records the arrival of any member listed as absent and the departure of any member listed as present. 10.3 Inspirational Thought. The Board hears an inspirational thought as set forth on the agenda. 10.4 Pledge of Allegiance to the Flag of the United States of America. The Chair designates a person to lead those present in reciting the Pledge. 10.5 Agenda Review. The Chair inquires whether Board members or the County Administrator wish to make any agenda revisions or request any items to be continued or removed from the Consent agenda. 4 RESOLUTION NO. 2023/123 10.6 Added Items. The Board may take action on items of business not appearing on the posted agenda under any of the following circumstances: 10.6.1 Upon a determination by a majority vote that an emergency situation exists, as defined in Government Code Section 54956.5. 10.6.2 Upon a determination by a two-thirds vote, or, if fewer than two-thirds of the members are present, by unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the County subsequent to the agenda being posted. 10.6.3 The item was posted for a prior meeting of the Board occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. 10.7 Consent Agenda Items. Consent agenda items are routine in nature and do not require individual consideration. All Consent items are approved by a single vote as recommended without discussion unless an item is removed and continued or considered during the regular agenda for separate action. 10.8 Presentations. Each presentation will last no more than five minutes, unless this time is extended by the Chair. A maximum of three presentations may be scheduled at each meeting except that the Chair may authorize an additional presentation(s). The subject of the presentations should be of countywide interest and significance. 10.9 Public Comment. Public Comment is that period of time set aside for members of the public to address the Board on matters within the jurisdiction of the Board that are not listed on the agenda (“off-agenda”). The Public Comment item shall be deemed to constitute the opportunity for members of the public to address the Board in compliance with Government Code Section 54954.3. See Rule 11. 10.10 Discussion Items. Discussion items include items previously removed from the Consent calendar. 10.11 Closed Session. Closed session discussion items are intended to be heard at the specified time(s) but may be heard earlier or later, in the discretion of the Chair. 10.12 Adjournment. Any Board member may request that the meeting be adjourned in memory of a recently deceased person. Rule 11. Conduct of Meetings Members of the public may participate in meetings in person, via the telephone, or via internet- based options. 5 RESOLUTION NO. 2023/123 11.1 Addressing the Board 11.1.1 For speakers who attend the meeting in person, before the meeting, or during the meeting before the agenda item to be addressed, a person wishing to address the Board should fill out a yellow speaker card and deposit it in the box near the podium. 11.1.2 The Clerk shall ensure that members of the public have the ability to address the Board remotely via telephonic and internet-based options. Instructions for public participation via remote options will be included on meeting agendas and on the County’s website. 11.1.3 When called upon, a speaker who attends the meeting in person should come to the podium. A speaker, whether attending in person or remotely, should state their name for the record, and, if speaking for an organization or other group, identify the organization or group represented. The Chair has the discretion to determine the order in which to call upon speakers for comment. 11.1.4 All remarks should be addressed to the Board as a whole, not to individual members, to the staff, or to the audience. Each person speaking from the floor or via remote participation shall obtain permission from the Chair. 11.1.5 Questions, if any, should be addressed to the Chair, who will determine whether or by whom an answer will be provided. 11.1.6 Each speaker wishing to comment on an agenda item not on the Consent agenda, including items removed from the Consent agenda, will have two minutes to comment on each item. This time may be extended or reduced, in the discretion of the Chair. 11.1.7 Any member of the public may comment on one or more items listed on the agenda as Consent items. Each speaker will be allowed two minutes to comment on the entire Consent agenda. This time may be extended or reduced, in the discretion of the Chair. 11.1.8 No speaker may yield time to another speaker. 11.1.9 A speaker utilizing the services of a translator will be allotted twice the amount of time to speak to ensure that non-English speakers receive the same opportunity to address the Board. 11.1.10 All speakers, especially those who anticipate making oral presentations or comments exceeding two minutes, are encouraged to submit comments in writing, in advance, to the Clerk for distribution to the Board and other 6 RESOLUTION NO. 2023/123 interested parties at the earliest feasible time before the meeting, but no later than 8:00 a.m. on the day of the meeting. Written comments may be submitted either by mail or via email: clerkoftheboard@cob.cccounty.us. The Board requests that a person providing written materials to the Board during a meeting submit an original and 10 copies. Such written comments will be distributed to members of the Board and staff. Comments submitted by mail or email will be included in the record of the meeting but will not be read during the meeting. 11.1.11 To maintain a public meeting environment conducive to receiving public testimony from all sides of any issue, it is the Board’s policy that the audience will be discouraged from engaging in audible or emotional displays of support or opposition to testimony provided. Behavior such as clapping, booing, hissing, and cheering can create an intimidating environment for people interested in giving public testimony and can unnecessarily lengthen Board meetings. Consequently, such behavior is discouraged. 11.1.12 Speakers should not present the same or substantially the same items or argument to the Board as presented by earlier speakers, or be profane in presenting their oral comments. 11.1.13 To expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Board on the same subject matter, the Chair may request that a spokesperson be chosen by the group to comment on its behalf. 11.1.14 Comments under the Public Comment portion of the agenda are limited to subjects within the subject matter jurisdiction of the County but are not listed as separate items on the agenda. These comments are limited to no more than two minutes per speaker. If numerous persons wish to make comments, the Chair may limit the Public Comment period to a specific amount of time and/or may reduce the time limit per speaker. 11.1.15 In the interest of facilitating the business of the Board, the total amount of time that a member of the public may use in addressing the Board on all agenda items, including all regular agenda items, Consent items, and Public Comment, is 10 minutes. 11.1.16 To minimize distractions during public meetings, all personal communication devices, such as mobile phones, will be turned off or put in a non-audible mode during Board meetings. 11.1.17 Any of the foregoing rules may be waived by the Chair or by a majority vote of the Board members present when it is deemed that there is good cause to do so, based upon the particular facts and circumstances involved. 11.1.18 The rules set forth above are not exclusive and do not limit the inherent power and general legal authority of the Board, or of its presiding officer, to govern the 7 RESOLUTION NO. 2023/123 conduct of Board meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the County. 11.2 Use of Acronyms. The Board discourages the use of acronyms, abbreviations, and industry-specific language in its meetings and written materials. Rule 12. Public Hearings for Planning and Zoning Matters (Land Use Matters) 12.1 Order of Procedure. Unless the Chair in his or her discretion directs otherwise, the order for presentation of testimony on particular land use items shall be as follows: 12.1.1 Presentation by staff. 12.1.2 Documents. The Chair acknowledges receipt of any documents offered as evidence and filed with the Clerk before the hearing. 12.1.3 First Presentation. If the item is presented for Board approval (e.g., rezoning, development plan), the first presentation is by the project applicant, followed by public testimony. If the item is an appeal from a decision of a lower body (e.g., subdivision, land use permit), the first presentation is by the appellant, followed by the presentation by the project applicant. This presentation (or each presentation, if the item is an appeal) shall not exceed 10 minutes or the approximate length of the staff presentation, whichever is greater. 12.1.4 Public testimony. Each speaker shall have no more than two minutes. 12.1.5 Rebuttal. A rebuttal not exceeding five minutes may be made by the person making the first presentation. 12.1.6 Closing comments by staff. 12.1.7 Board discussion and decision. 12.2 Conduct of Hearings. 12.2.1 Witnesses’ Testimony. Witnesses will not be sworn. 12.2.2 Rules of Evidence. The hearing will not be conducted according to technical judicial rules of evidence. Any relevant evidence may be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The Chair may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings ensuring basic fairness and a full airing of the issues involved. 12.2.3 Transcripts. Any person desiring to have a hearing transcribed by a stenographic 8 RESOLUTION NO. 2023/123 reporter at his or her own expense may do so, provided that he or she consults the Clerk to arrange facilities for such reporting prior to commencement of the hearing and advises the Clerk of the full name, business address, and telephone number of the reporter being used. 12.3 Exhibits. 12.3.1 Subject to paragraph 12.3.2, all exhibits, including documentary materials such as photographs, drawings, maps, charts, letters, petitions and other physical evidence, presented at a land use hearing shall be retained in the Board files as part of the record of the hearing. 12.3.2 Any staff exhibit (e.g., a general plan or area map) that has been or will be used in other land use hearings will be preserved by the Community Development Department for future reference. A notation indicating its location shall be made in the case file in any matter in which it has been used. 12.4 Questioning of Speakers and Staff. Any person desiring to direct a question to a speaker or staff member shall submit the question to the Chair, who shall determine whether the question is relevant to the subject of the hearing and whether or not it need be answered by the speaker or staff member. 12.5 Overriding Fairness. Notwithstanding the provisions of paragraph 12.1, the Board is committed to provide an applicant, appellant, or other person or entity with a substantial, direct property interest in an item, a full and fair hearing, based on the facts and circumstances of the particular matter, the nature and complexity of the particular issue, the number of persons wishing to be heard, and similar due process considerations. Toward this end, the Chair, in his or her discretion, may extend the time limits set forth in paragraph 12.1 and consider other procedural mechanisms. 12.6 Absent From Hearing. A Supervisor who was absent from all or part of a hearing may vote on the matter if the Supervisor states for the record that he or she has reviewed all evidence received during the absence and also states that he or she has either: (1) listened to the Clerk’s recording, (2) watched the video, or (3) read a complete transcript of the proceedings that occurred during his or her absence. Rule 13. Nuisance Abatement Hearings A hearing on an appeal from the County Abatement Officer’s Notice and Order to Abate shall be held in accordance with the provisions of County Ordinance Code section 14-6.418, as well as with these Rules. In the event of a conflict, the provisions of County Ordinance Code section 14- 6.418 shall prevail. Rule 14. Rules for Participating by Teleconference 14.1 Traditional Teleconference Procedure. The Brown Act permits members of the Board to 9 RESOLUTION NO. 2023/123 participate in Board meetings by teleconference, when certain legal requirements are met. (Gov. Code, § 53953 (b).) If these requirements are not met, then the Supervisor calling in cannot be counted as part of the quorum for the meeting, can only listen to the meeting, and cannot discuss any item or vote. If a Supervisor wishes to be able to discuss items and vote by teleconference, then, in addition to the usual agenda posting requirements, the following must occur in advance of the meeting: 14.1.1 Quorum Required. The County Administrator must ensure that during the teleconference meeting, at least a quorum of the Board will participate from locations in the County. 14.1.2 Agenda Requirement - All Locations Must be Listed. Each teleconference location and the meeting location must be shown on the agenda for the meeting. In addition, the agenda must provide an opportunity for members of the public to give public comment from each teleconference location. So, for example, if a Supervisor participates in a Board Committee meeting from the County Administration Building and another Supervisor participates from the Supervisor’s District Office, then the location for the meeting shown on the agenda would be, for example: 1025 Escobar Street, Martinez, CA, AND the address of the Supervisor’s District Office. The Supervisor’s Office would be considered a meeting location, and the public would be entitled to attend the meeting at the County Administration Building and at the Supervisor’s Office. If each Supervisor participates in a Board Committee meeting from their District Office and the County Administration Building is not a meeting location because staff attends remotely, then the address of each Supervisor’s District Office must be shown on the agenda as a meeting location and the public would be entitled to attend the meeting at each Supervisor’s Office. 14.1.3 Agenda Requirement - Posting. In addition to the usual posting agenda locations and County website, an agenda will be posted at each teleconference location 96 hours in advance of the meeting. The Supervisor participating from the District office shall post the Agenda at the District office 96 hours in advance of the Board meeting. 14.1.4 Public Participation at Remote Location. Each teleconference location must be open and accessible to members of the public. Thus, if a Supervisor’s District Office is a teleconference location, it must be open to the public during the meeting. The Supervisor would need to have a speaker phone or computer with a microphone so that members of the public would be able to hear the meeting and address the Board directly from the Supervisor’s office. 14.1.5 Roll Call Vote. All votes taken during a teleconference meeting under this Rule must be by roll call. 10 RESOLUTION NO. 2023/123 14.2 Rules for Participating by Teleconference for “Just Cause” or Due to “Emergency Circumstances” The Brown Act permits individual members of the Board to participate in Board meetings by teleconference for “just cause” or due to “emergency circumstances” when certain legal requirements are met. (Gov. Code, § 53953 (f).) This provision of the Brown Act lasts until January 1, 2026. 14.2.1 Teleconference Participation for Just Cause. If a Supervisor wishes to attend a meeting remotely for “just cause,” the Supervisor must notify the Board at the earliest opportunity, up to and including the start of a regular meeting, of the need to participate remotely. The Supervisor must provide a general description of one of the following “just cause” circumstances: (i) there is a childcare or caregiving need for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner; (ii) a contagious illness that prevents the Supervisor from attending in person; (iii) a need related to a physical or mental disability that is not otherwise accommodated for; or (iv) travel while on official business of the Board or another state or local agency. 14.2.2 Teleconference Participation for Emergency Circumstances. If a Supervisor wishes to attend a meeting remotely due to “emergency circumstances,” the Supervisor must provide a general description of the need to appear remotely, which need not exceed 20 words or include any personal medical information. The Supervisor must make the request to participate remotely as soon as possible. “Emergency circumstances” is a physical or family medical emergency that prevents a Supervisor from attending in person. 14.2.3 Board Action Requirements. The Board need not take action to allow a Supervisor to attend virtually for “just cause.” To allow a Supervisor to attend virtually for “emergency circumstances,” the Board must take action on the request at the meeting. If there is insufficient time to include the item on a posted agenda, the Board may take action on the request at the beginning of the meeting and approval must be by majority vote. The Supervisor requesting the remote appearance for this reason may not vote on the request. 14.2.4 Participation Requirements. A Supervisor appearing by teleconference under this Rule must participate in the meeting through both audio and visual technology. 14.2.5 Disclosure Requirements. A Supervisor appearing by teleconference under this Rule must publicly disclose at the meeting before any action is taken, whether any other individuals 18 years or older are in the room at the remote location with the Supervisor and the general nature of the Supervisor’s relationship with such individual(s). 14.2.6 Quorum Required. The County Administrator must ensure that during the teleconference meeting conducted under this Rule, at least a quorum of the Board 11 RESOLUTION NO. 2023/123 will participate in person, at a single, physical location identified on the agenda that is open to the public and situated within the County. 14.2.7 Limitations on Number of Remote Appearances. A Supervisor may not use a “just cause” reason to appear remotely for more than two meetings per calendar year. A Supervisor may not participate remotely under this Rule for more than three consecutive months or 20 percent of the regular meetings of the Board within the calendar year. 14.2.8 Roll Call. All votes taken during a teleconference meeting conducted under this Rule must be by roll call. 14.2.9 Technological and Access Requirements. If a Supervisor participates remotely under this Rule, the public must be able to remotely hear and visually observe the meeting and remotely address the Board, via a two-way audiovisual platform, or a two-way telephonic service and a live webcasting of the meeting. Rule 15. Disruption of Meeting 15.1 For the purpose of ensuring the orderly conduct of the Board meeting, no whistles, horns, drums, noise makers, megaphones, air horns, bullhorns, or other amplified devices are allowed inside the County Administration Building while the meeting is in session. 15.2 Removing an Individual. The Brown Act permits the Chair to remove a disruptive individual from a Board meeting. (Gov. Code, § 54957.95.) 15.2.1 Disruptive Behavior. An individual’s behavior constitutes a disruption if the individual is engaging in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including, but not limited to, a failure to comply with the reasonable and lawful regulations of the Board and engaging in behavior that constitutes a use of force or a true threat of force. 15.2.2 Threat of Force. A true threat of force is a threat that is sufficiently serious such that a reasonable observer would perceive it to be an actual threat to use force. 15.2.3 Prior Warning. Before the removal, the Chair will warn the individual that the individual’s behavior is disrupting the meeting and that if the behavior does not stop, the individual may be removed from the meeting. No prior warning is required before removal if the individual’s behavior constitutes a use of force or a true threat of force. 15.2.4 Removal. If the disruptive individual does not promptly stop the disruptive behavior, the Chair may have the individual removed from the meeting. The Chair may request the assistance of the Sheriff’s Office staff in removing the individual from the meeting. Any person removed from a meeting shall be excluded from further attendance for the remainder of the meeting. 12 RESOLUTION NO. 2023/123 15.3 Clearing the Room. The Brown Act permits the Chair to clear the meeting room and continue in session if a meeting is willfully interrupted by a person or by a group or groups of persons so that the orderly conduct of the meeting becomes infeasible and order cannot be restored by removal of the disruptive individual(s) as set forth in Rule 16.2. In such case, the Chair may order the meeting room cleared and continue in session, as authorized by law (Gov. Code, § 54957.9), recess the meeting, or adjourn the meeting. If the Chair clears the meeting room and continues in session, duly accredited representatives of the press or other news media, except those participating in the disturbance, will be allowed to remain in the meeting room. The Chair may request the assistance of the Sheriff’s Office staff in clearing the meeting room. Only those matters appearing on the posted agenda may be considered in such a session. Rule 16. Civility The Board desires to encourage civility and civil discourse in its meetings and to encourage County elected officers, staff, and the public to follow best practices for civility and civil discourse at Board meetings. Best practices for fostering civility and civil discourse include: • Respecting the right of all people to hold different opinions. • Avoiding rhetoric intended to humiliate, malign, or question the motivation of those whose opinions are different from others. • Striving to understand differing perspectives. • Choosing words carefully and avoiding personal attacks. • Speaking truthfully without accusation and avoiding distortion of facts. • Speaking out against violence, prejudice, and incivility should they occur at Board meetings, while also recognizing First Amendment rights, including the public’s right to criticize programs, procedures, policies, or services of the County or the acts or omissions of the Board, elected officials, advisory bodies, and staff. The Board desires to build a civil political community in which each person is respected, and spirited public and political debate is aimed at the betterment of Contra Costa County and its people and not at the disparagement of others. The Board therefore encourages all County elected officers, staff, and the public to endeavor to adhere to and promote the best practices for civility and civil discourse in conducting business at all Board meetings. Under Resolution No. 2022/73, all those participating in all public meetings should aspire to follow these best practices. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2023/123 In the Matter of UPDATED PROCEDURES FOR BOARD OF SUPERVISORS MEETINGS WHEREAS, the Board of Supervisors is committed to conducting its meetings in a manner that provides ample opportunity for members of the public to participate; and WHEREAS, the Board is authorized to adopt and amend procedures for the conduct of its meetings; and WHEREAS, the attached rules reflect recent changes to the Brown Act that the state Legislature passed in response to the COVID-19 pandemic, including amendments to the Brown Act’s teleconferencing rules and amendments to the Brown Act’s procedures for removing disruptive people from meetings; and WHEREAS, the attached rules reflect the Board’s current practices; and WHEREAS, the attached rules include rules governing hybrid meetings, public comment time limits, teleconferencing options for Board members, meeting disruptions, and meeting civility; and WHEREAS, the attached rules are expected to facilitate the orderly, efficient, fair, and civil conduct of Board meetings, and provide more clarity for members of the public and thus further the Board’s goal of transparency and open government. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby adopts the attached Rules of Procedure for the conduct of its meetings. BE IT FURTHER RESOLVED that this resolution supersedes Resolution No. 2023/16. Contact: Thomas L. Geiger, County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: Thomas L. Geiger, County Counsel, Monica Nino, Clerk of the Board of Supervisors RECOMMENDATION(S): ADOPT Resolution No. 2023/123 to amend the rules of procedure for Board of Supervisors meetings, including rules governing hybrid meetings, public comment time limits, teleconferencing options for Board members, meeting disruptions, and meeting civility. FISCAL IMPACT: None. BACKGROUND: The attached rules of procedure for the conduct of meetings of the Board of Supervisors reflect recent changes to the Brown Act that the state Legislature passed in response to the COVID-19 pandemic. These changes include amendments to the Brown Act’s teleconferencing rules and amendments to the Brown Act’s procedures for removing disruptive people from meetings. The attached rules also reflect the Board’s current practices. The rules are expected to facilitate the orderly, efficient, and fair conduct of Board meetings, and provide more clarity for members of the public and thus further the Board’s goal of transparency and open government. The amendments to the rules include: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Thomas L. Geiger, County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Thomas L. Geiger, County Counsel, Monica Nino, Clerk of the Board of Supervisors C. 96 To:Board of Supervisors From:Thomas L. Geiger, County Counsel Date:April 4, 2023 Contra Costa County Subject:Updated Procedures for Board of Supervisors Meetings BACKGROUND: (CONT'D) • Hybrid meetings – members of the public may participate in Board meetings in person, via the telephone, or via internet-based options. (Rule 11) • Public comments on agenda items are generally limited to two minutes per speaker. (Rule 11.1.6) • Each member of the public is allowed two minutes to comment on the entire consent agenda. (Rule 11.1.7) • Comments under the Public Comment portion of the agenda are limited to no more than two minutes per speaker. (Rule 11.1.14) • In the interest of facilitating the business of the Board, the total amount of time that a member of the public may use in addressing the Board on all agenda items is 10 minutes. (Rule 11.1.15) • New “just cause” and “emergency circumstances” teleconferencing options for Board members, as authorized by Assembly Bill 2449. (Rule 14.2) • A new procedure for removing disruptive individuals from the Board chambers, as authorized by Senate Bill 1100. (Rule 15.2) • A new rule to establish best practices for fostering civility and civil discourse at Board meetings. (Rule 16) CONSEQUENCE OF NEGATIVE ACTION: If the resolution is not approved, the Board’s meeting rules will not reflect recent amendments to the Brown Act or the Board’s current practices. AGENDA ATTACHMENTS Resolution 2023/123 Resolution No. 2023/123 Attachment to Resolution 2023/123 - Updated BOS Rules of Procedure Updated BOS Rules of Procedure - REDLINE MINUTES ATTACHMENTS Signed Resolution No. 2023/123 CONTRA COSTA COUNTY PROCLAMATION OF LOCAL EMERGENCY (by County Administrator) Section 42-2.802 of the Contra Costa County Ordinance Code (Gov. Code, §8630) empowers the County Administrator, as the Administrator of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the Board of Supervisors is not in session. The County Administrator of Contra Costa County does hereby find that: 1. Conditions of extreme peril to the safety of persons and property have arisen within the County, caused by a continuous series of uncommon and extreme weather conditions consisting of heavy rainfall and high winds, causing flooding, downed trees, and damage to flood control infrastructure and County roads, and related damage Countywide. The County has continuously responded to road and infrastructure damage throughout Contra Costa since January 28, 2023. 2. These conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the County. 3. The County is incurring financial impacts from the uncommon and extreme weather conditions that will likely exceed available financial resources, necessitating state and federal financial assistance through the California Disaster Assistance Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 4. The Board of Supervisors of the County of Contra Costa is not in session (and cannot immediately be called into session). 5. The County Administrator has conferred with one or more members of the Board of Supervisors. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout Contra Costa County. IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of this local emergency, the powers, functions, and duties of the emergency organization of this County shall be those prescribed by state law, by ordinances and resolutions of this County, and by the County of Contra Costa Emergency Operations Plan. IT IS FURTHER PROCLAIMED AND ORDERED that this local emergency shall not remain in effect more than seven days unless this Proclamation is ratified by the Board of Supervisors. Dated: __________________ By: __________________________________ Monica Nino, County Administrator County of Contra Costa DocuSign Envelope ID: 3CC85475-6684-417E-9C5E-EA54BC70B282 3/28/2023 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/04/2023 by the following vote: AYE:3 John Gioia Candace Andersen Diane Burgis NO: ABSENT:2 Ken Carlson Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2023/110 IN THE MATTER OF: Ratifying the County Administrator’s Proclamation of Local Emergency (Gov. Code, § 8630) The Board of Supervisors of Contra Costa County RESOLVES as follows: Section 42-2.802 of the County Ordinance Code empowers the County Administrator, as the Administrator of Emergency Services, to proclaim the existence of a local emergency when the County is affected or likely to be affected by a public calamity and the Board is not in session. To remain in effect for a period in excess of seven days, a local emergency proclaimed by the County Administrator must be ratified by the Board of Supervisors. The Board of Supervisors hereby finds that: Conditions of disaster or extreme peril to the safety of persons and property have arisen within the County, caused by uncommon and extreme storm conditions consisting of heavy rainfall and high winds, causing sustained runoff and flooding, downed trees, damage to flood control infrastructure and County roads, and related damage Countywide. 1. These conditions of disaster or extreme peril to the safety of persons and property warranted and necessitated the proclamation of the existence of a local emergency. 2. Extreme and uncommon weather conditions have persisted since first declaring an emergency proclaimation on January 10, 2023 related to extreme weather conditions. 3. The County Administrator proclaimed a local emergency within the County on March 28, 2023, after conferring with one or more members of this Board. 4. NOW, THEREFORE, IT IS HEREBY RESOLVED that the proclamation of a local emergency, as issued by the County Administrator, is ratified by this Board. IT IS FURTHER PROCLAIMED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by this Board, subject to this Board’s reviewing the need for continuing this proclamation of local emergency at least every 60 days. Contact: Timothy Ewell, (925) 655-2043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2023/110 ratifying the County Administrator’s proclamation of a local emergency due to continued extreme weather conditions impacting Contra Costa County. FISCAL IMPACT: The Sheriff's Office of Emergency Services has identified a total of $49.3 million in damages from the uncommon and extreme weather conditions since January 2023 countywide, including within city jurisdictions. Of that amount, $10.9 million is related to specific damage to unincorporated public infrastructure or facilities for which the County is responsible. These figures will continue to increase as more damage is evaluated and becomes known. BACKGROUND: The State of California, including Contra Costa County, has been responding to extreme and uncommon weather events that began on December 27, 2022. A series of severe rainstorms has led to widespread flooding, mudslides, sinkholes, and damage to public infrastructure, including flood control facilities and roadways across the state. The effects of the storms continue to be dynamic and have persisted through the months of February and March. These conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the County. The majority of the damage has occurred on or along county-maintained roads and flood control infrastructure. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, (925) 655-2043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 97 To:Board of Supervisors From:Monica Nino, County Administrator Date:April 4, 2023 Contra Costa County Subject:Proclamation of Local Emergency Due to Uncommon and Extreme Weather in Contra Costa County BACKGROUND: (CONT'D) County Administrator Issues January 2023 Emergency Proclamation In response to the damage from the January storms, the County Administrator issued an emergency proclamation on January 10, 2023, which allows the County to seek reimbursement from state and federal sources. Subsequent to the action of the County Administrator, the Federal Emergency Management Agency (FEMA) issued a disaster declaration on January 14, 2023 for most areas within California, including Contra Costa County. The Board of Supervisors ultimately ratified the County Administrator’s emergency proclamation on January 17, 2023. Federal Cost Recovery Authorized FEMA’s disaster declaration authorized both Individual Assistance and Public Assistance for Contra Costa County. Individual Assistance allowed residents negatively impacted by the disaster to pursue federal relief directly through FEMA and other agencies. Public Assistance allows the County and municipalities negatively impacted by the disaster to pursue cost recovery through the Robert T. Stafford Act up to a 75% federal share of the eligible costs of the damage. FEMA has closed the window for residents to submit applications for Individual Assistance and Public Assistance claims are due in the coming months. Typically, Public Assistance reimbursement claims take up to 36 months for a final disposition from FEMA to the jurisdiction making the claim. County Administrator Issues March 2023 Emergency Proclamation The Federal disaster incident period for the January 2023 storm events was December 27, 2022 through January 31, 2023; however, California continues to be impacted by uncommon weather activity causing significant damage to public infrastructure. At the request of the Governor’s Office of Emergency Services (CalOES), the County Administrator issued a subsequent emergency proclamation on March 28, 2023, specifically noting that the County has continuously been responding to storm damage since January. The goal is to seek federal reimbursement for eligible storm related costs incurred by the County up to the 75% federal cost share level. Today’s action requests that the Board of Supervisors ratify the actions of the County Administrator on March 28, 2023, proclaiming a local emergency due to uncommon weather conditions within the County. CONSEQUENCE OF NEGATIVE ACTION: The attached proclamation of a local emergency is necessary to potentially claim reimbursement for cost impacts incurred as part of responding to the storms. AGENDA ATTACHMENTS Resolution 2023/110 County Administrator's Emergency Proclamation, March 28, 2023 MINUTES ATTACHMENTS Signed Resolution No. 2023/110 STAFF REPORT FROM THE CONTRA COSTA COUNCIL ON HOMELESSNESS Contra Costa County Homeless System of Care Quarterly Report for Quarter 4 of 2022 (October-December) LETTER FROM THE CHAIR AND VICE CHAIR Dear Contra Costa County Board of Supervisors, This quarter brought concrete work plans for a number of our committees, system changes to better amplify the voices of people with a lived experience of homelessness and many wonderful tools and events to mark Homelessness Awareness Month. Next quarter we look forward to kicking off a number of new and/or ad hoc committees to keep the work moving and seeing what wonderful programs and services come to fruition with the Measure X funding opportunities. Sincerely, Juno Hedrick, Chair of the Council on Homelessness and Jo Bruno, Vice Chair of the Council on Homelessness COH QUARTERLY REPORT 2 INTRODUCTION The Contra Costa Council on Homelessness (CoH) is the governing and oversight body for the County homeless Continuum of Care (CoC) and is appointed by the Board of Supervisors. The Council provides advice and input to the Board of Supervisors on the operations of homeless services, program operations, and program development efforts in Contra Costa County. The Contra Costa Council on Homelessness is the governing body for the Contra Costa County Continuum of Care (CoC). The Contra Costa CoC is comprised of multiple partners, including service providers, members of faith communities, local businesses, private and public funders, community members, education systems and law enforcement, and others who are working collaboratively to end homelessness. The COH and COC are supported by Contra Costa Health Services Health, Housing & Homeless Services (H3) Division. H3 functions as the CoC administrative entity and collaborative applicant, CoC Lead Agency and Homeless Management Information System (HMIS database) Lead Agency. The purpose of this report is to share information about the CoC and COH activities with the Contra Costa County Board of Supervisors and to provide recommendations from the COH to the County Board of Supervisors on long range planning and policy formulation that would support the county homeless CoC. This report includes information on system data, funding and policy activities, and CoC initiatives. All information will reflect activities and data for the prior quarter. This report was produced on behalf of the CoH by H3 in collaboration with the CoH and CoC partners. SYSTEM FUNDING This quarter the CoC continued to evaluate the system of care and pursued funding opportunities to address the gaps in Contra Costa’s homeless system, including our largest source of funding, the Housing and Urban Development (HUD) Continuum of Care (CoC) Notice of Funding Opportunity (NOFO). FEDERAL HUD Unsheltered NOFO: In late June, the U.S. Department of Housing and Urban Development (HUD) released a first-of-its-kind package of resources to address unsheltered homelessness and homeless encampments, including funds set aside specifically to address homelessness in rural communities. Contra Costa submitted an application and is waiting for more information about awards. COH QUARTERLY REPORT 3 Housing Stability Voucher Program: In October, Housing Authority of Contra Costa County, with support from the CoC, submitted a Letter of Intent to HUD to request Housing Stability Vouchers. These vouchers will be prioritized for Public Housing Agencies and CoCs who are awarded through the HUD Unsheltered NOFO. These vouchers are highly sought after and are competitively awarded. Contra Costa submitted an application and is waiting for more information about awards. STATE Bringing Families Home: The Bringing Families Home Program, funded by the State of California Department of Social Services (CDSS), will provide housing supports and services to referred families receiving Contra Costa County child welfare services who are experiencing, or at risk of, homelessness, thereby increasing family reunification and preventing foster care placement. The RFQ process took place in October and November 2022 and contract was awarded to Caminar. Services are slated to start in February 2023. Homeless, Housing and Assistance Program (HHAP): HHAP Round 3 is a $1 billion grant through the California Interagency Council on Homelessness (Cal-ICH) that provides local jurisdictions, including federally recognized tribal governments, with flexible funding to continue efforts to end and prevent homelessness in their communities. HHAP Round 4 was submitted in November and additional revisions were requested to HHAP 3 applications statewide, including Contra Costa County. Homekey 3: The RFP release date was pushed from September 2022 to March 2023. H3 will apply when the RFP is released. LOCAL Measure X: The Council heard updates from Health, Housing and Homeless Services about the RFP process for Measure X funding allocated for housing/homeless services. SYSTEM INITI ATIVES The CoC regularly engages in multiple activities, partnerships, evaluations, and improvement that are designed to improve services to clients and achieve various system goals. Equity: The Equity Committee finalized a Work Plan to achieve this 2023 goal: Create accessible information, outreach, and educational materials to engage hard to reach or previously unreached communities in Contra Costa County. Engagement of People with Lived Experience of Homelessness: COH QUARTERLY REPORT 4 • Recruitment: The Council actively recruited for applicants for the Lived Experience seat and Youth Representative on the Council and received 10 qualified applications (plus 3 more that did not complete the application process) for the Lived Experience Advisor seat and one for the Youth Representative seat. Staff added two “Office Hours” (one remote and one in person) to support people with the application process. The Council ultimately selected Jo Bruno and Juno Hedrick for Lived Experience Seats and Anastasia Padilla for the Youth Representative Seat. • Homelessness Awareness Month: A number of people with lived experience of homelessness were deeply involved in this quarter’s Homelessness Awareness Month activities, including helping develop the toolkit; conducting and being the subject of interviews for the short video; participating in the panel discussion; nominating and being nominated for candidates for the Thriving in the Face of Homelessness recognition category; and the Chair and Vice Chair, both who have a lived experience of homelessness, led the presentation to the Board of Supervisors. • Policies and Procedures: H3, as staff to the Council and other CoC activities made progress researching and developing policies and procedures, including a compensation policy, for engaging people with a lived experience of homelessness in system level work. HMIS Evaluation: H3 contracted with Focus Strategies to assess the configuration and use of the Homeless Management Information System (HMIS) to ensure that HMIS workflows, data and reporting enable providers to be successful with new program models and performance- based contracting. H3 and Focus Strategies worked on data collection through surveys, focus groups, and one-on-one interviews with partner providers, H3 staff, and people experiencing homelessness to get a robust understanding of challenges and opportunities in the HMIS. H3 and Focus Strategies share initial findings with the HMIS Policy Committee in November and discussed recommendations. In December 2022, Focus Strategies provided H3 with the final report based on feedback gathered through data collection activities. Homelessness Awareness Month: To mark Homelessness Awareness Month (November), the Council on Homelessness supported the following activities: • Development of a 100+ page toolkit (https://cchealth.org/h3/coc/pdf/Homeless- Awarenes-Toolkit-2022.pdf ) • Creation of a short video amplifying the voices of people with lived experience of homelessness (https://express.adobe.com/video/kP6MsvYeoN4te • Recognition of over 40 outstanding individuals and agencies impacting homelessness (https://cchealth.org/h3/coc/advocate.php) • Presentation about Homelessness Awareness Month and sought adoption of a Resolution Declaring November Homelessness Awareness Month to the Board of Supervisors on 11/8. • Hosting of a CoC Learning Hub on 11/14 called "R.O.O.T.S: Reflecting On Our Truth And Stories”, a panel discussion featuring people with lived experience in our community. A COH QUARTERLY REPORT 5 recording of the Learning Hub can be viewed here: https://www.youtube.com/watch?v=-CeQjhH7qgk . • Hosting of a Homeless Person’s Memorial Event on 12/21 with a number of community and faith leaders (https://youtu.be/7Cyv9pAbCkc) • Requested the Board of Supervisors adopt a resolution declaring 12/21 Homeless Person’s Memorial Day. Monitoring: Homebase is leading the 2022 monitoring process for 19 Continuum of Care- funded projects and will ensure grant activities are following the Department of Housing and Urban Development rules and regulations; improve individual program performance; and increase provider capacity regarding Continuum of Care compliance and financial management. An update on the Monitoring process was provided to the Oversight committee in November. Performance Based Contracting: After training providers on how to use their performance Health, Housing and Homeless Services (H3) began monitoring performance of programs within the program models through the performance dashboards created in the Homeless Management Information System (HMIS) by the Research, Evaluation and Data (RED) team at H3 with the first quarterly report due in December. COLLABORATIONS Homeless Services-Workforce Development Integration (H-WIN)- These quarterly provide an opportunity for people working in Homeless Services and Workforce Development in Contra Costa to connect with and understand each other’s resources and services. One meeting was held this quarter (10/12/22), with 30 partners in attendance. REGIONAL ACTION PLAN Contra Costa is committed to the Regional Action plan which aims to reduce unsheltered homelessness by 75% by 2024. The Regional Action Plan proposes a 1-2-4 framework which posits that to accomplish this reduction, for every 1 additional interim housing unit funded, 2 permanent housing solutions, and 4 prevention interventions are needed. PATH Innovations Committee: The Plan for Accelerating Transformative Housing (PATH) Innovations Committee of the Council on Homelessness refined their work to examine prevention and rapid exit resources as mechanisms to reduce unsheltered homelessness. The committee also engaged with prevention and rapid exit providers to understand referral processes, program components, and outcomes. The committee drafted and finalized a work plan for 2023 to identify priorities and activities for the upcoming year. Funding Opportunities: All of the funding opportunities mentioned earlier in the report would support Contra Costa’s efforts to achieve the Regional Action Plan goal of reducing unsheltered homelessness by 75% by 2024. COH QUARTERLY REPORT 6 GOVERNANCE/REPORTING • The Chair and Vice Chair presented the Q3 Council on Homelessness report, proposed revisions to bylaws and proposed slate of new Council members at the November FHS Committee meeting. • The revised bylaws were approved by the Board of Supervisors in December 2022 and included the conversion of Public Safety #1 Seat to Lived Experience Advisor #2 Seat; refined transparency and equitable practices section with emphasis on engagement of people with a lived experience of homelessness in Committee and Working Group activities; revised terms of Chair and Vice Chair from 2 years to 1 year to account for staggered expiration of seats and revised/Clarified Committees and Working Group names and descriptions. o Governance Committee will convene in Q1, 2023 and will agendize discussion of seat composition, including possible addition of new seats, such as a Landlord Representative seat, as suggested by this Committee during our last Quarterly report presentation. • The proposed new Council members were approved by the BOS on 12/13/22. (See Appendix B for Roster with District information included, as requested). • Submitted the annual Advisory Committee report to Clerk of the Board in December 2022. MEETINGS, TRAININGS AND EVENTS Council on Homelessness (COH) Meetings: The Council on Homelessness held three (3) regular business meetings. In addition to the regular Council on Homelessness meetings, the following committees met: Committee Purpose Equity Committee Create accessible information, outreach, and educational materials to engage hard to reach or previously unreached communities in Contra Costa County. HMIS Policy Committee Develops and shares updates on HMIS policies and practices, compliance, and troubleshooting; Plans technical assistance and training; Informs standards of practice and monitoring Homelessness Awareness Month Planning Committee Developing materials, tools and events to mark Homelessness Awareness Month in November. Nominating Committee Reviews and revises application process for potential new CoH members and provides recommendations to the full Council. COH QUARTERLY REPORT 7 Oversight Committee Reviewing and assessing the development, implementation, and improvement of the CoC, Coordinated Entry System, HMIS database, and system outcomes PATH Innovation Committee Work towards the goal of reducing unsheltered homeless in Contra Costa County by 75% by 2024 Trainings • Trauma Informed Care (10/24/22) • Motivational Interviewing (11/28/22) • Case Management (12/12/22) Events • CoC Provider Meetings (3) • CoC Learning Hub: "R.O.O.T.S: Reflecting On Our Truth And Stories (11/14) • H-WIN meeting (10/12) • Homeless Person’s Memorial Event (12/21) The recordings, minutes and materials for trainings and meetings can be found on the H3 website1 and on the County agenda center2, and a calendar of upcoming meetings and events can be found on the H3 website. RECOMMENDATIONS • Direct county departments to build on partnerships created through Measure X, Homekey, and CalAIM to maximize funding toward resources dedicated to people experiencing homelessness in Contra Costa. 1 https://cchealth.org/h3/coc/partners.php#Training 2 https://www.contracosta.ca.gov/agendacenter COH QUARTERLY REPORT 8 APPENDIX A Commonly Used Acronyms and Terms Acronym Definition APR Annual Performance Report (for HUD homeless programs) BIPOC Black and Indigenous People of Color CARE Coordinated Assessment and Resource CCYCS Contra Costa Youth Continuum of Services CDBG, CDBG-CV Community Development Block Grant (federal and state programs) and the federal Community Development Block Grant CARES Act coronavirus allocation. CESH California Emergency Solutions and Housing program (state funding) Continuum of Care (CoC) Continuum of Care approach to assistance to the homeless. Federal grant program promoting and funding permanent solutions to homelessness. Con Plan Consolidated Plan, a locally developed plan for housing assistance and urban development under CDBG. CORE Coordinated Outreach Referral, Engagement program COVID-19 Coronavirus DCD (Contra Costa County) Department of Conservation and Development DOC Department Operations Center EHSD (Contra Costa County) Employment and Human Services Division EOC Emergency Operations Center ESG and ESG- CV Emergency Solutions Grant (federal and state program) and the federal Emergency Solutions Grant CARES Act coronavirus allocation. ESG-CV Emergency Solutions Grant CARES FMR Fair Market Rent (maximum rent for Section 8 rental assistance/CoC grants) HCD Housing and Community Development (State office) HEAP Homeless Emergency Aid Program (State funding) HEARTH Homeless Emergency and Rapid Transition to Housing (HEARTH) Act of 2009 HHAP Homeless Housing and Assistance Program HMIS Homeless Management Information System HOME Home Investment Partnerships (CPD program) HUD U.S. Department of Housing and Urban Development (federal) MHSA Mental Health Services Act NOFA/NOFO Notice of Funding Availability/ Notice of Funding Opportunity PHA Public Housing Authority PUI Persons Under Investigation PWLE People With Lived Experience of Homelessness SAMHSA Substance Abuse & Mental Health Services Administration SRO Single-Room Occupancy housing units SSDI Social Security Disability Income SSI Supplemental Security Income TA Technical Assistance COH QUARTERLY REPORT 9 TAY Transition Age Youth (usually ages 18-24) VA Veterans Affairs (U.S. Department of) VASH Veterans Affairs Supportive Housing VI-SPDAT Vulnerability Index – Service Prioritization Decision Assistance Tool Contra Costa County COVID-19 Resources: Please see below for additional resources on COVID-19. • Health Services COVID Data Dashboard- https://www.coronavirus.cchealth.org/dashboard • Health Services Homeless Specific Data Dashboard- https://www.coronavirus.cchealth.org/homeless-dashboard • Health Services COVID Updates- https://www.coronavirus.cchealth.org/health-services-updates • Health Services Homeless-Specific COVID Resources -https://www.coronavirus.cchealth.org/for-the-homeless COH QUARTERLY REPORT 10 APPENDIX B Council on Homelessness 2023 Members Seat Name Appointee Affiliation District Live District Work Term Ends 1. Affordable Housing Developer Representative Iman Novin Novin Development Consulting 4 All 12.31.24 2. Behavioral Health Representative Margaret Schlitz Portia Bell HumeCenter's West County FSP program N/A 1 12.31.24 3. City Government Representative Teri House CDBG Consultant, City of Antioch 5 3 & 5 12.31.24 4. CoC/ESG Program Grantee Representative Leslie Gleason Executive Director, Trinity Center N/A 4 12.31.23 5. Community Member Representative Keva Dean 1 5 12.31.23 6. Education and Vocational Services Representative Alejandra Chamberlain Homeless Education Liaison, Contra Costa Office of Education 3 All 12.31.24 7. Emergency Solutions Grants Representative Gabriel Lemus Contra Costa Department of Conservation and Development 5 All 12.31.24 8. Employment and Human Services (EHSD) Representative Angela Bullock-Hayes Division Manager, EHSD 3 4 12.31.23 9. Faith Community Representative Wayne Earl Pastor, Rock Harbor Christian Fellowship 1 1 12.31.23 10. Health Care Representative Mia Fairbanks Healthcare for the Homeless 5 All 12.31.24 11. Homeless Service Provider Representative Deanne Pearn Executive Director, Hope Solutions 2 All 12.31.24 12 Lived Experience Advisor #1 Juno Hedrick 1 N/A 12.31.24 13. Lived Experience Advisor #2 Jo Bruno Person with lived experience 3 3 12.31.24 14. Public Housing Authority Representative Tony Ucciferri Special Assistant to the Executive Director, Housing Authority of County of Contra Costa 4 5 12.31.23 COH QUARTERLY REPORT 11 15. Public Safety Representative #2 Shawn Ray Lieutenant, San Pablo Police Department 2 1 12.31.23 16. Reentry Services Representative Pat Mims Director, Reentry Success Center 1 1 12.31.23 17. Veterans Administration Representative Jai De Lotto Northern California VA Healthcare System N/A All 12.31.24 18. Workforce Development Representative Janae Thomas Swords to Plowshares N/A All 12.31.24 19. Youth Representative Anastasia Flores TAY with Lived Experience 1 N/A 12.31.24 RECOMMENDATION(S): ACCEPT the 2022 Quarter 4 report from the Council on Homelessness. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: In November 2014, the Board approved “Forging Ahead Towards Preventing and Ending Homelessness: An Update to Contra Costa’s 2004 Strategic Plan,” that renewed the County's 2004 plan with the latest data, best practices, and community feedback and reaffirmed the County's commitment to the Housing First approach. As such, “Forging Ahead” establishes this guiding principle: “Homelessness is first a housing issue, and necessary supports and services are critical to help people remain housed. Our system must be nimble and flexible enough to respond through shared responsibility, accountability, and transparency of the community.” The Strategic Plan Update identifies two goals: 1) Decrease the length of time people experience homelessness by focusing on providing Permanent Housing APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 655-2051 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 98 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:April 4, 2023 Contra Costa County Subject:Council on Homelessness 2022 Quarter 4 Report BACKGROUND: (CONT'D) and Services; and 2) Decrease the percentage of people who become homeless by providing Prevention activities. To achieve these goals, three strategies emerged: - Implement a coordinated entry/assessment system to streamline access to housing and services while addressing barriers, getting the right resources to the right people at the right time; - Use best, promising, and most effective practices to give the consumer the best possible experience through the strategic use of resources; and - Develop the most effective platforms to provide access, support advocacy, and connect to the community about homelessness and available resources. The Homeless Program of the Health, Housing and Homeless Services Division partners with the Homeless Advisory Board and Continuum of Care to develop and carry out an annual action plan that identifies the objectives and benchmarks related to each of the goals and strategies of Forging Ahead. Further, the Homeless Program incorporates the strategic plan goals into its own delivery system of comprehensive services, interim housing and permanent supportive housing as well as contracting with community agencies to provide additional homeless services and housing with the goal of ending homelessness in our community. On February 27, 2023, the Family and Human Services Committee accepted the attached 2022 Quarter 4 report from the Council on Homelessness and directed staff to forward the report to the Board of Supervisors for their information. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not receive the information included in the 2022 Quarter 4 report from the Council on Homelessness. ATTACHMENTS Council on Homelessness Q4 2022 Report -1- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 Recording requested by and when recorded return to: CALIFORNIA HOUSING FINANCE AGENCY Office of General Counsel 500 Capitol Mall, Suite 1400 Sacramento, CA 95814 _______________________________________________________________________________ (space above this line for Recorder's use) STANDSTILL AGREEMENT THIS STANDSTILL AGREEMENT dated as of ___________________ 1, 202__ for informational purposes (the “Agreement”), is entered into by and between the County of Contra Costa, a political subdivision of the State of California (“Locality”), Alves Lane, L.P., a California limited partnership (“Borrower”), and the California Housing Finance Agency (“CalHFA”) a public instrumentality and a political subdivision of the State of California in connection with a loan by CalHFA to Borrower to finance a multifamily residential rental housing project on real property located in the City of Bay Point, County of Contra Costa, California and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (“Project”). Unless otherwise noted, references to instruments recorded in “Official Records” refer to instruments recorded in the Office of the County Recorder of the County of Contra Costa. Capitalized terms not defined herein shall have the meaning as set forth in the Locality Affordability Restrictions (as defined below). R E C I T A L S A. WHEREAS, Borrower and the Locality have encumbered the Project with the following document related to the financing and/or development of the Project: 1. That certain “Density Bonus and Inclusionary Housing Developer Agreement (Alves Lane Apartments)” dated as of December 20, 2022 (the “Locality Affordability Restrictions”) by and between the Locality and the Borrower and recorded in the Official Records as Instrument No. 2023-0010833. B. WHEREAS, CalHFA is making, contemporaneously with the making of this Agreement, a first mortgage loan to Borrower (the “Permanent Loan”) and a second mortgage subsidy loan (the “Subsidy Loan”) (collectively the Permanent Loan and the Subsidy Loan shall be referred to herein as the “CalHFA Loan”). -2- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 1. The Permanent Loan is evidenced by a loan agreement and a promissory note from the Borrower to CalHFA in the face amount of Twenty Million Three Hundred Fifty-One Thousand and No/100 Dollars ($20,351,000.00) and a deed of trust securing the obligations of the promissory note for the Permanent Loan and the Permanent Regulatory Agreement, described below. The deed of trust was executed by Borrower, as trustor, to Old Republic Title Company, as trustee, in favor of CalHFA, as beneficiary, and is entitled “California Housing Finance Agency, Permanent Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing, CalHFA Development No. 22-007-A/X/N, Permanent Financing, HUD Risk Sharing Program/FFB” dated ________________ 1, 202__ (the “Permanent Deed of Trust”) to be recorded in the Official Records contemporaneously with this Agreement. The Project shall also be regulated and encumbered by a regulatory agreement executed by Borrower and CalHFA entitled “California Housing Finance Agency, Regulatory Agreement, CalHFA Development No. 22-007-A/X/N, Permanent Financing, HUD Risk Sharing Program/FFB” dated as of _____________ 1, 202__ (the “Permanent Regulatory Agreement”) to be recorded in the Official Records contemporaneously with this Agreement. 2. The Subsidy Loan is evidenced by a promissory note from the Borrower to CalHFA in the face amount of Seven Million Three Hundred Sixty Thousand Four Hundred Three and No/100 Dollars ($7,360,403.00) and a deed of trust securing the obligations of the promissory note for the Subsidy Loan and the Subsidy Regulatory Agreement, described below. The deed of trust was executed by Borrower, as trustor, to Old Republic Title Company, as trustee, in favor of CalHFA, as beneficiary, and is entitled “California Housing Finance Agency Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing, CalHFA Development No. 22-007-A/X/N, Mixed- Income Program/Residual Receipts” dated ________________ 1, 202__ (the “Subsidy Deed of Trust”) to be recorded in the Official Records contemporaneously with this Agreement. The Project shall also be regulated and encumbered by a regulatory agreement executed by Borrower and CalHFA entitled “California Housing Finance Agency, Regulatory Agreement, CalHFA Development No. 22- 007-A/X/N, Mixed-Income Program/Residual Receipts” dated as of ____________________ 1, 202__ (the “Subsidy Regulatory Agreement”) to be recorded in the Official Records contemporaneously with this Agreement.] 3. In addition, CalHFA has or will be filing a UCC Financing Statement with the Secretary of State evidencing Borrower's granting a security interest in the Project (“UCC Statement”). The Permanent Regulatory Agreement, Subsidy Regulatory Agreement, Permanent Deed of Trust, Subsidy Deed of Trust and related documents, and the UCC Statement shall hereafter be collectively referred to herein as the “CalHFA Documents”. C. WHEREAS, it is a condition precedent to CalHFA making the CalHFA Loan that Locality not exercise certain remedies and/or rights under the Locality Affordability Restrictions against CalHFA during the Standstill Term (as defined below). D. WHEREAS, it is beneficial to all parties that CalHFA make the CalHFA Loan, and Locality is willing to not exercise certain remedies and/or rights under the Locality Affordability Restrictions for the Standstill Term (as defined below) in order that the CalHFA Loan be made. -3- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 NOW THEREFORE, in consideration of the foregoing and other consideration the receipt and sufficiency of which are hereby acknowledged, and in order to induce CalHFA to make the CalHFA Loan, the parties hereto agree as follows: 1. Standstill Agreement. a. Locality hereby agrees that in the event CalHFA becomes the Owner of the Project pursuant to judicial foreclosure sale, non-judicial foreclosure, deed-in-lieu of foreclosure, or otherwise, and until such time that CalHFA is no longer the Owner of the Project (the “Standstill Term”), Locality shall not exercise any of the remedies, requirements and/or rights under the following Locality Affordability Restrictions Sections or Subsections thereof: 3, 7, 11-16, 18, 19, 20, and 25 (the “Standstill Provisions”). During any Standstill Term the sole remedy against CalHFA for a violation of the Locality Affordability Restriction’s affordability limitations found in Section 6, 8, 9, 10, and 17, of the Locality Affordability Restrictions (the “Affordability Limitations”), shall be Locality’s right to exercise equitable remedies, including specific performance, if the violation remains uncured for ninety (90) days from notice by the Locality, to Borrower or its successor in interest, including CalHFA, of such violation (if the nature of such default reasonably requires more than ninety (90) days, Agency shall not be in default under the Locality Affordability Restrictions if Agency has commenced such cure and is diligently pursuing the same). If CalHFA has become the owner, then upon a sale, conveyance, transfer or otherwise from CalHFA to another entity (“Successor Entity”), Locality and CalHFA agree that the Successor Entity shall become the new owner of the Project and shall be subject to all provisions of the Locality Affordability Restrictions, including the Standstill Provisions, for the remaining term of the Locality Affordability Restrictions. b. Additionally, in the event of a judicial foreclosure sale, non-judicial foreclosure, a deed-in-lieu of foreclosure, or otherwise, under the CalHFA Documents, or loss or reduction of Section 8 rental subsidies, Locality shall, to the extent necessary to achieve financial feasibility for the Project (a minimum debt service coverage ratio of 1.05, unless otherwise agreed by the CalHFA (“Financial Feasibility”)), increase the Affordability Limitations for some or all of the Project’s units, and to the maximum extent permitted under the federal or state laws or regulations underlying the Locality Affordability Restrictions, including but not limited to Government Code § 65915(c)(1), to initial income not to exceed 60% of Area Median Income (“AMI”) as defined in Health & Safety Code Section 50093, as amended, at monthly rents not to exceed 1/12th of 30% of 60% AMI, less a reasonable utility allowance, however, if rent increases up to 60% AMI are not necessary for Financial Feasibility, then the percentage AMIs shall be increased to less than 60% AMI. CalHFA agrees to give Locality fifteen (15) days’ notice prior to increasing the Affordability Limitations, in cooperation with the Locality and the Borrower, pursuant to this paragraph and make good faith efforts to minimize displacement of current tenants. Any increase in tenants’ rents shall be subject to Section 7(b) of the CalHFA Regulatory Agreement. c. Following a judicial foreclosure sale, non-judicial foreclosure, a deed-in-lieu of foreclosure, or otherwise, under the CalHFA Documents, CalHFA or its successors in interest shall cooperate with the Locality in providing any information or approvals to inspect the units that the Locality may reasonably request for the term of the Locality Affordability Restrictions cited above. -4- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 d. Locality and Borrower agree to not amend, modify or otherwise alter the Locality Affordability Restrictions without prior written approval of such amendment, modification or alteration from CalHFA. e. Locality shall provide CalHFA with a copy of all notices of default provided to Borrower under the Locality Affordability Restrictions within five days of sending Borrower such initial notice, and CalHFA shall have the right, but not the obligation, to cure the default(s) under such notice(s). f. During any Standstill Term, the Agency shall verify that the income of each prospective Eligible Household and rent charged to each Eligible Household do not exceed those authorized under the Locality Affordability Restrictions. g. During any Standstill Term, Agency shall provide the Locality with an annual occupancy summary report (using income and rent limitations not to exceed those authorized under the Locality Affordability Restrictions) showing the income, rent and size of each Restricted Unit (“Occupancy Summary Report”). h. The Locality acknowledges that nothing in this Agreement or the Locality Affordability Restrictions shall impose on CalHFA the obligations of the Borrower under the Locality Affordability Restrictions or require CalHFA to assume obligations under the Locality Affordability Restrictions unless CalHFA becomes the Owner of the Project, and CalHFA’s obligations under the Locality Affordability Restrictions are limited as noted in this section 1. i. If CalHFA has become the Owner, upon a sale, conveyance, transfer or otherwise from CalHFA to another entity (“Successor Entity”), Locality and CalHFA agree that the Successor Entity shall become the new Owner of the Project and shall be subject to all provisions of the Locality Affordability Restrictions for the remaining term thereof. j. Locality has read and understands the CalHFA Documents. k. Nothing in this Agreement is intended to prevent Locality from exercising any of its remedies, rights, and/or obligations under the Locality Affordability Restrictions as they relate to any Owner thereunder, except during the Standstill Term. 2. Representations. (a) Locality hereby represents and warrants to CalHFA that at the time of execution of this agreement, to the best of Locality’s knowledge, the Borrower is in substantial compliance with its obligations to the Locality under the terms of the Locality Affordability Restrictions, acknowledges that Locality has received the CalHFA Documents and has had an opportunity to review them, and agrees that in the event the Borrower’s obligations to CalHFA conflict with the Borrower’s obligations to the Locality, the Borrower’s obligations to CalHFA shall prevail, provided that this clause shall not relieve the Borrower of its responsibility to the Locality. -5- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 (b) Locality and Borrower further represent and warrant to CalHFA that, notwithstanding any provisions contained in the Locality Affordability Restrictions, the restrictions and covenants thereunder are not intended by the parties thereto to either create a lien upon the Project, or grant any right of foreclosure, under the laws of the jurisdiction where the Project is located, to any party thereto or third party beneficiary thereof upon a default of any provision therein, rather they are intended by the parties thereto to constitute a restrictive covenant that is filed of record prior to any instrument or agreement granting a security interest in the Project the enforcement of which is limited to actions for specific performance or injunction. 3. Amendments. Amendments to this Agreement shall be in writing and signed by all the parties hereto. 4. Governing Law. This Agreement shall be construed in accordance with and be governed by the laws of California. 5. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 6. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, it shall not invalidate or render unenforceable any other part of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Signatures follow on the next page -6- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. LOCALITY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: Name_______________________________ Title:_______________________________ CalHFA: CALIFORNIA HOUSING FINANCE AGENCY, a public instrumentality and political subdivision of the State of California By: Name_______________________________ Title:_______________________________ BORROWER: ALVES LANE, L.P., a California limited partnership By: Alves Lane, LLC, a California limited liability company Its: Administrative General Partner DRAFT – Do Not Execute By: Name: Title: By: FFAH V Alves Lane, LLC, a California limited liability company Its: Managing General Partner By: Foundation for Affordable Housing V, Inc., a California nonprofit public benefit corporation Its: Sole Member DRAFT – Do Not Execute By: Name: Title: ACKNOWLEDGEMENTS -7- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 EXHIBIT A Legal Description -8- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 ACKNOWLEDGEMENT State of California ) ) ss. County of _____________ ) On __________________________ before me, _____________________________, a Notary Public, 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 (Seal) 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. -9- CalHFA.STANDSTILL (SJ).PermLoan/Locality. Alves Lane, CalHFA No. 22-007-A/X/N 02/03/2023.AH/jad-HFMF-1477153469-21181 ACKNOWLEDGEMENT State of California ) ) ss. County of _______________ ) On __________________________ before me, _____________________________, a Notary Public, 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 (Seal) 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. RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a standstill agreement, in substantially same form as the attached, with Alves Lane, L.P. and the California Housing Finance Agency (CalHFA), in connection with an inclusionary housing and density bonus developer agreement, to permit financing for the Alves Lane Apartments Project in the Bay Point area. FISCAL IMPACT: There is no fiscal impact on the County. BACKGROUND: Alves Lane Apartments (Development), located on two parcels on Alves Lane and Canal Road, east of Virginia Drive and west of Chadwick Lane in Bay Point, is a development of 100 residential rental units, including 18 one-bedroom units, 36 two-bedroom units, 36 three-bedroom units, and 10 four-bedroom units, all located in one building. The Development was subject to the County’s Inclusionary Housing Ordinance, and the approval of the Development included conditions requiring the construction and rental of 13 inclusionary units on site. The developer, Alves Lane L.P., submitted and County staff approved an inclusionary housing plan and request for a density bonus on March 31, 2022. As required by the County's inclusionary housing ordinance and density bonus ordinance, an inclusionary housing developer agreement between the developer and the County was then developed. The inclusionary housing developer agreement between the developer and the County was approved by the Board on December 13, 2022 and recorded against the Development property on February 7, 2023. The inclusionary housing developer agreement requires Alves Lane L.P., to construct and rent 13 affordable units as part of the Development. The inclusionary housing developer agreement also covers the ongoing obligations of the developer and the County over the 55-year term, under which the 13 units will be provided as affordable housing units. The California Housing Finance Agency (CalHFA) is providing the permanent financing for the Development. CalHFA and the developer provided a draft standstill agreement and an estoppel certificate to County staff for their review as part of the process in securing the permanent financing. The estoppel certificate is to state and certify that County staff has determined that the developer is in compliance with the County's inclusionary housing developer agreement, and that, to staff's knowledge, the developer has not triggered an event of default. After determining the developer is in compliance, staff executed an estoppel certificate on March 7, 2023. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cathy Remick, 925-655-2887 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 99 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:April 4, 2023 Contra Costa County Subject:Standstill Agreement with Alves Lane, L.P. and CalHFA for Affordable Housing Financing BACKGROUND: (CONT'D) A form standstill agreement between the County, the developer, and CalHFA is required to be approved by the County in order for the developer to secure the permanent financing for the Development. The two provisions of the form standstill agreement that primarily affect the County's interest indicate the following: The County will not exercise certain remedies and rights under its affordability restrictions during the standstill term where the standstill term is defined as the time when CalHFA becomes owner of the Development due to judicial foreclosure sale, non-judicial foreclosure, deed-in-lieu of foreclosure, or otherwise, and until such time that CalHFA is no longer the owner. 1. During the standstill term, the eligible household income for the affordable units shall be no more than 60 percent of Area Median Income (AMI) and that the maximum rent that may be charged for the affordable units to no more than 1/12th of 30 percent of 60 percent of AMI. 2. The final standstill agreement is expected to be executed at permanent loan closing which is anticipated to take place in 2025. This Board action is to approve the form standstill agreement, in substantially same form as attached. In the case the form standstill agreement requires substantive changes prior to execution, staff will return to the Board for approval of those substantive changes. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the form standstill agreement would prevent the permanent financing of the Alves Lane Development, which includes 13 affordable housing units. ATTACHMENTS Standstill Template RECOMMENDATION(S): Receive the Sheriff-Coroner’s FY 2021-2022 Annual P-6 Zone Deployment Report, from the County Service Area (CSA) P-6 Zone Central Administrative Base (CAB) Fund to provide extended police protection services in certain unincorporated county areas and partially fund the Sheriff’s Helicopter Program, as required by P-6 Zone CAB Formation Board Order of April 19, 1998. FISCAL IMPACT: Funded 100% by County Service Area (CSA) P-6 Central Administrative Base (CAB) Fund (Fund No. 262900). Total costs of $1,642,518 were expended in 2021/2022. BACKGROUND: This board order serves as the Office of the Sheriff's FY 2021-22 Deployment Reprot. The Office of the Sheriff annually reviews funding for the County Service Area (CSA) P-6 Zones county-wide for fiscal year 2021/2022 and implemented and budgeted the following expenditures: Discovery Bay: CSA P-6 Zones in the Discovery Bay area generate $870,457 per year. Costs for personnel currently assigned to Discovery Bay (2 Deputy Sheriffs, 1 Sheriff’s Specialist and 1 Sheriff Community Service Officer), vehicle and supplies are $738,654. This will require the expenditure of funds from the P-6 Central Administrative Base (CAB) Fund. Discovery Bay zones currently have accumulated approximately $1,980,208 in reserve funding located in the CSA P-6 Central Administrative Base Fund (Fund No. 262900). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, 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: April 4, 2023 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Heike Anderson, Alycia Rubio, Paul Reyes C.100 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:April 4, 2023 Contra Costa County Subject:Receive the Sheriff-Coroner's FY 2021-2022 Annual P-6 Zone Deployment Report BACKGROUND: (CONT'D) Bay Point: CSA P-6 Zones in the Bay Point Area generate $242,759 per year. Costs for personnel assigned to Bay Point (1 Deputy Sheriff), vehicle and supplies are $264,433. North Richmond/San Pablo: CSA P-6 zones in the North Richmond/San Pablo area generate $91,045 per year. North Richmond/San Pablo zones partially fund 1 Deputy Sheriff, vehicle and supplies at $38,456 annually. STARR 1 Helicopter Program : As in past years, we augmented State Supplemental Law Enforcement Services Fund (SLESF) funding to operate the helicopter program without the use of County General Funds, using $600,901 of P-6 Zone Funds for this purpose. Administrative Expenses: Assessment and Investment expenses, zone closing expenses and election charges for all the zones. Total cost of $73 CONSEQUENCE OF NEGATIVE ACTION: Negative action would result in the displacement of existing personnel assigned to the communities of Discovery Bay, Bay Point, North Richmond/San Pablo and Pacheco. The Sheriff’s STARR 1 helicopter may have reduced flight hours depending on revenue streams from other sources. RECOMMENDATION(S): DECLARE and ACCEPT the results of the March 7, 2023 Special Election and DECLARE the results of the local measure as shown on the attached report and on file in the Contra Costa County Elections Division. FISCAL IMPACT: None BACKGROUND: Elections Code section 15372 requires the Elections Official to prepare a Certified Statement of Results of the election and submit to the Governing Body within 30 days of the election. A certified Statement of Votes is attached to this Board Order. Elections Code section 15400 requires the Governing Body to declare the result local measures. CONSEQUENCE OF NEGATIVE ACTION: Should the Board not certify the election results, local measures will not be effective. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jacob Stull, 925.335.7867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.101 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Date:April 4, 2023 Contra Costa County Subject:DECLARE AND ACCEPT THE RESULTS OF THE MARCH 7, 2023 SPECIAL ELECTION ATTACHMENTS Certificate of Election March 7 2023 Summary of Results March 7 2023 ATTACHMENT TO BOARD ORDER APRIL 4, 2023 Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair PUBLIC WORKS 1992 MITSUBISHI FG-25 FORKLIFT # 9014 (MILES) AF17A52103 C. BEYOND ECONOMICAL REPAIR AGRICULTURE 2010 FORD RANGER TRUCK # 5075 (93329 MILES) 1FTKR1EEXAPA17356 B. WORN OUT SHERIFF 2018 FORD INTERCEPTOR SEDAN # 3416 (73103 MILES) 1FAHP2MT1JG139034 D. DAMAGED BEYOND REPAIR SHERIFF 2007 FORD CROWN VIC. # 1946 (51443 MILES) 2FAFP71W17X132591 B. WORN OUT SHERIFF 2018 FORD INTERCEPTOR SUV # 3629 (93249 MILES) 1FM5K8AT1JGA44214 C. BEYOND ECONOMICAL REPAIR SHERIFF 2017 FORD INTERCEPTOR SEDAN # 2572 (91244 MILES) 1FAHP2MT2HG123788 C. BEYOND ECONOMICAL REPAIR SHERIFF 2017 FORD INTERCEPTOR SEDAN # 2582 (39863 MILES) 1FAHP2MTXHG135297 D. DAMAGED BEYOND REPAIR SHERIFF 2008 FORD F-550 TRUCK # 5651 (65454 MILES) 1FDAW57RX8EA03311 B. WORN OUT ANIMAL CONTROL 2014 FORD F-250 ANIMAL B. TRUCK # 5486 (110140 MILES) 1FD7X2A61EEA86336 B. WORN OUT ANIMAL CONTROL 2011 FORD F-250 ANIMAL B. TRUCK # 5480 (154125 MILES) 1FD7X2A62BEB76350 B. WORN OUT ANIMAL CONTROL 2013 FORD F-250 ANIMAL B. TRUCK # 5483 (104752 MILES) 1FD7X2A67DEA13583 B. WORN OUT PUBLIC WORKS 2004 FORD F-250 TRUCK # 5562 (137834 MILES) 1FTNF20L24EB96672 D. DAMAGED BEYOND REPAIR PUBLIC WORKS 2009 HONDA CIVIC SEDAN # 0291 (51639 MILES) 1HGFA46599L000111 C. BEYOND ECONOMICAL REPAIR PUBLIC WORKS 2013 FORD ESCAPE SUV # 3728 (110130 MILES) 1FMCU0G93DUB98539 B. WORN OUT COURTS 2000 CHEVY MALIBU SEDAN # 0448 (52460 MILES) 1G1ND52J1Y6329577 B. WORN OUT PUBLIC WORKS 2001 CHEVY S-10 TRUCK # 5026 (74575 MILES) 1GCCS14W21K172158 B. WORN OUT DISTRICT ATTONEY 2013 TOYOTA SIENNA VAN # 4332 (160733 MILES) 5TDKK3DC8DS383620 B. WORN OUT HEALTH SERVICES 2014 FORD TAURUS SEDAN # 1067 (63680 MILES) 1FAHP2D84EG120057 B. WORN OUT RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or damaged beyond repair. CONSEQUENCE OF NEGATIVE ACTION: Public Works would not be able to dispose of surplus vehicles and equipment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Nida Rivera, (925) 313-2124 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.102 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:Disposal of Surplus Property ATTACHMENTS Surplus Vehicles & Equipment RECOMMENDATION(S): AUTHORIZE the Chair of the Board of Supervisors to sign the 2023-2025 Local Area Subsequent Designation and Local Recertification Application to the State of California Employment Development Department, for submission by the Employment and Human Services Director, or designee on behalf of the Workforce Development Board. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: Workforce Innovation and Opportunity Act (WIOA) requires the Governor to designate and certify local areas within the state. These designations and certifications are subject to renewal/recertification on a regular basis. WIOA Section 106 required Local Areas to apply for initial designation and required the Governor to approve requests for Local Areas that were designated as a Local Area under WIOA, performed successfully, and had sustained fiscal integrity. After the period for which a Local Area was initially designated, WIOA Section 106 calls for a subsequent designation process and requires the Governor to approve a request for subsequent designation from a Local Area if the area performed successfully, sustained fiscal integrity, and engaged in the regional APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 19256714514 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.103 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:April 4, 2023 Contra Costa County Subject:Local Workforce Development Area Designation and Local Board Recertification BACKGROUND: (CONT'D) planning process. WIOA Section 107 provides criteria for the recertification of Local Boards. Specifically, it requires the Governor to certify one Local Board for each Local Area in the state once every two years. In order to be recertified, the Local Board must meet the WIOA membership requirements, met or exceeded performance accountability measures and achieved sustained fiscal integrity. Your Board approved the application for years 2015 – 2017 for Local Area Designation and Local Board Certification on June 9, 2015 (C.177). Local Area Designation and Local Board Recertification were required for the Workforce Development Board (WDB) to continue to operate as a local workforce area in the State of California as of July 1, 2019. Your Board approved the applications for years 2017 – 2019 and 2021 – 2023 for the Local Area subsequent Designation and Local Board Recertification on July 9, 2019 (C.134) and April 27, 2021 (C.76), respectively. The vast majority of the WDB’s operating funds are contingent on this action, which will continue to ensure that the WDB can be responsive to the needs of business and job seeker customers that utilize programs and services under its purview. The application will serve as the request for Local Workforce Development Area (Local Area) subsequent designation and Local Workforce Development Board (Local Board) recertification effective July 1, 2023, for two-year period, ending June 30, 2025. AGENDA ATTACHMENTS Local Area Designation and Local Area Board Recertification MINUTES ATTACHMENTS Signed Local Area Designation and Local rea Board Recertification Version: 26 Nov 2013 LICENSE FOR NONFEDERAL USE OF DEPARTMENT OF THE NAVY REAL PROPERTY THIS LICENSE TO USE THE U.S. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND IN THE ATTACHED GENERAL PROVISIONS. BY ITS EXECUTION, THE LICENSEE AGREES TO COMPLY WITH ALL THOSE TERMS, CONDITIONS, AND GENERAL PROVISIONS. ALL CORRESPONDENCE MUST REFERENCE: 1a. WORK ORDER NO: N/A 1b. FILE NO: N/A 1c. LICENSE (CONTRACT) NO: N4769223RP23P12 2. PROPERTY LOCATION (Installation Name and Address) Former Concord Naval Weapons Station 3. DATES COVERED FROM: 16 April 2023 THROUGH: 31 May 2024 Provided Licensee has delivered the required insurance certificates to the Licensor. 4. DESCRIPTION OF PREMISES (Room and building numbers where appropriate) The Licensed Premises, as shown on Exhibit “A,” attached hereto and made a part hereof. 5. PURPOSE AND USE AUTHORIZED (Specific use, times and recurring/part-time basis, and land use controls) To authorize the Licensee and its Sub-licensees use of the streets, buildings and structures within the Administration Area to conduct public safety training. 6. LICENSOR UNITED STATES OF AMERICA BY THE SECRETARY OF THE NAVY 6a. NAVY LOCAL REPRESENTATIVE (Name, Title, Address, Telephone, Email) BRAC Program Management Office West 33000 Nixie Way, Bldg 50 Attn: Tim Yonce San Diego, CA 92147 Email: timothy.t.yonce.civ@us.navy.mil / (843) 963-8795 7. LICENSEE (Name, Address, Telephone Email) Contra Costa County - Office of the Sheriff 1980 Muir Drive Martinez, CA 94553 7a. LOCAL REPRESENTATIVE OF LICENSEE (Name, Title, Address, Telephone, Email) Tasha Thaxton (925) 957-2457/ tasha.thaxton@pw.cccounty.us 8. CASH PAYMENT BY LICENSEE - DUE IN ADVANCE a. AMOUNT (Each payment) NONE b. FREQUENCY PAYMENTS DUE c. FIRST DUE DATE d. SEND PAYMENT TO: (Name and Mailing Address) 9. EXHIBITS: The following are attached and incorporated into this License - A. MAP OF LICENSED PREMISES C. SPECIAL PROVISIONS E. BICYCLE STORAGE AREA B. GENERAL PROVISIONS D. PROHIBITED ACCESS AREA F. SIMUNITION MSDS 10. EXECUTION OF LICENSE FOR THE SECRETARY OF THE NAVY NAME: ELIZABETH A. LARSON Real Estate Contracting Officer SIGNATURE: DATE: NAME, ADDRESS AND EMAIL OF NAVFAC REAL ESTATE POINT OF CONTACT: Elizabeth A. Larson, BRAC, 33000 Nixie Way, Bldg 50, San Diego, CA 92147, elizabeth.a.larson20.civ@us.navy.mil LICENSEE I represent that I am authorized to bind Licensee NAME: MARY JANE ROBB Commander Management Services SIGNATURE: DATE: -Licensed Premises Exhibit A N4769223RP23P12 FILE NO: N/A LICENSE (CONTRACT) NO: N4769223RP23P12 EXHIBIT B GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY (BRAC) Version: 7 Oct 2015 Page 1 of 4 1. USE OF AND ACCESS BY LICENSEE. The Licensor grants to the Licensee the right to use the premises or facilities described in block 4 and Exhibit “A” (“Premises”), together with the necessary rights of ingress and egress authorized by the Installation Commanding Officer. The Licensee and its invitees and contractors agree to absorb all costs, including time and expense, associated with gaining access to the Installation under the RAPIDGATE or similar program. Any parking that accompanies the use of, and any routes of access to and from, the Premises are subject to change at the sole discretion of the Installation Commanding Officer. 2. TERM. This License shall be effective for the period stated in block 3 and is revocable at any time without notice at the option and discretion of the Licensor or its authorized representative. 3. USE OF PREMISES. The use of the Premises shall be limited to the purposes specified in block 5, and no other. 4. ASSIGNMENT/TRANSFER OF RIGHTS. This License is neither assignable nor transferable by the Licensee. This license does not grant exclusive use or control of the licensed premises and grants no interest in the real property of the Licensor. 5. UTILITIES AND SERVICES. If utilities and services are furnished to the Premises, the Licensee agrees to reimburse the Licensor for the cost as determined by the Licensor in accordance with applicable statutes and regulations. Reimbursement for Utilities and Services Amount (Each Payment) N/A Frequency Payments Due N/A First Due Date N/A To (Mailing Address) N/A Utilities / Services Furnished Are:  None  HVAC/ Steam Heat  Electricity  Gas/Oil  Water/Sewer  Garbage/Refuse/Recycling  Telephone  Internet  Other: 6. PROTECTION AND MAINTENANCE OF PREMISES. The Licensee, at its own cost and expense, shall protect, maintain, and keep the Premises under its control in good order. Licensee is responsible for repairing any damage to the Premises caused by Licensee, or its agents, employees, contractors, guests or invitees. 7. IMPROVEMENTS AND RESTORATION. No additions to, or alterations of, the Premises shall be made without the prior consent of the Licensor. Upon revocation or surrender of this License, to the extent directed by the Licensor, the Licensee shall remove all alterations, additions, betterments and improvements made, or installed, and restore the Premises to the same or as good condition as existed on the date of entry under this License, reasonable wear and tear excepted. 8. INDEMNIFICATION. a. The Licensee releases the Licensor and its employees from liability for death or injury to persons at the Premises. b. The Licensee, to the extent allowed by law, agrees to release and hold the Licensor and its employees harmless from, and to indemnify and defend them against, loss or damage to property caused by or arising from its use of the Premises, regardless of any contributory fault of the Licensor. c. The Licensee shall indemnify and save harmless the Licensor, its officers, agents, servants and employees from, and defend it and them against, all liability under the Federal Tort Claims Act (28 U.S.C. §§ 2671 and 2680) or otherwise, for death or injury to all persons, or loss or damage to the property of all persons resulting from its use of the Premises. FILE NO: N/A LICENSE (CONTRACT) NO: N4769223RP23P12 EXHIBIT B GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY (BRAC) Version: 7 Oct 2015 Page 2 of 4 d. The Licensee agrees that the Licensor, its officers, agents and employees shall be released from all liability on all suits, claims, actions or demands in any way related to or arising under the Licensee’s use of the property. This release includes, but is not limited to, all environmental suits, claims, and enforcement actions, whether arising during the Licensee’s construction on or use of the property, or after such use has ended. 9. INSURANCE. The Licensee shall procure and keep continuously in effect during the term of this License the insurance required as follows on terms and conditions satisfactory to the Licensor, with an insurer whose rating is acceptable to the Licensor. Insurance Required from Licensee (If any or all insurance requirements have been waived, enter “None” as appropriate) Type Amount (Per Occurrence) Type Amount (Per State Law) Commercial General Liability (Occurrence Policy Only) Bodily Injury (Single Limit) Property Damage Fire/Legal Liability Deductible $2,000,000 $3,000,000 $2,000,000 $2,000,000 N/A Worker’s Compensation • Licensor shall be named as additional insured. • The insurer must be authorized to write insurance in the state where the Premises is located. • Proceeds of policies shall be made payable to “Treasurer of the United States”. • Each policy of insurance covering bodily injuries and third party property damage shall contain an endorsement waiving the insurer’s right of subrogation against the United States of America. • No cancellation, reduction in amount, or material change in coverage shall be effective until at least sixty (60) days after receipt by the Licensor of written notice. • Notwithstanding the foregoing, any cancellation of insurance coverage based on nonpayment of the premium shall be effective only upon thirty (30) days’ written notice to the Licensor. • The Licensee shall provide proof of insurance to the Licensor throughout the term of this License. The Licensee will not be allowed entry on the Premises until it first delivers a certificate or certificates of required insurance to the Licensor. 10. DAMAGE TO THE PREMISES. a. In the event of damage, including damage by contamination, to any Government property by the Licensee, its officers, agents, servants, employees, or invitees, the Licensee, at the election of the Licensor, shall promptly repair, replace, or make monetary compensation for the repair or replacement of that property to the satisfaction of the Licensor. That obligation includes any damage discovered from the physical condition and environmental condition inspections notwithstanding the expiration or earlier termination or revocation of this License. b. In the event that any item or part of the Premises shall require repair, rebuilding or replacement (collectively, “repair”) resulting from loss or damage, the risk of which is assumed under this License, the Licensee shall promptly give notice to the Licensor and, to the extent of its liability as provided in this paragraph, shall either compensate the Licensor for any loss or damage within thirty (30) days of receipt of a statement, or repair the lost or damaged item or items of the Premises, as the Licensor may elect. If the cost of repair exceeds the liability of the Licensee for any loss or damage, the Licensee shall effect the repair if required to do so by the Licensor, and the excess of cost shall be reimbursed to the Licensee by the Licensor within thirty (30) days of receipt of a statement provided that appropriations are available for that purpose. In the event the Licensee shall have effected any repair that the Licensee is required to effect, the Licensor shall direct payment to the Licensee of so much of the proceeds of any FILE NO: N/A LICENSE (CONTRACT) NO: N4769223RP23P12 EXHIBIT B GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY (BRAC) Version: 7 Oct 2015 Page 3 of 4 insurance carried by the Licensee and made available to the Licensor on account of loss of or damage to any item or part of the Premises that may be necessary to enable the Licensee to effect the repair. In the event the Licensee shall not have been required to effect the repair, and the insurance proceeds allocable to the loss or damage that has created the need for the repair have been paid to the Licensee, the Licensee shall promptly refund to the Licensor the amount of the proceeds. 11. OFFICIALS NOT TO BENEFIT. No member of, or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this License or to any benefit that may arise from it; but this provision shall not be construed to extend to this License if made with a corporation for its general benefit. 12. COVENANT AGAINST CONTINGENT FEES. The Licensee warrants that it has not employed any person to solicit or obtain this License upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the Licensor the right to annul this License or in its discretion to recover from the Licensee the amount of that commission, percentage, brokerage or contingent fee in addition to the consideration for this license. This warranty shall not apply to commissions payable by the Licensee upon contracts or sales obtained or made through bona fide established commercial or selling agencies maintained by the Licensee for the purpose of acquiring business. 13. NON-DISCRIMINATION. In connection with the performance of work under this License, the Licensee agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, or national origin. Non-discrimination shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Licensee agrees to post in conspicuous places available for employees and applicants for employment, notices to be provided by the Licensor setting forth the provisions of the nondiscrimination clause. The Licensee further agrees to insert the foregoing provision in all subcontracts for work under this License, except subcontracts for standard commercial supplies or raw materials. 14. APPLICABLE RULES AND REGULATIONS. a. All activities authorized under this License shall be subject to rules and regulations regarding supervision or otherwise, that may, from time to time, be prescribed by the local representative of the Licensor. b. Upon request, the Licensee shall submit to the Licensor evidence of compliance with local, state, and Federal environmental laws and regulations. 15. FEDERAL FUNDS. This License does not obligate the Licensor to expend any appropriated funds. Nothing in this License is intended or should be interpreted to require any obligation or expenditure of funds in violation of the Anti- Deficiency Act (31 U.S.C. § 1341). 16. STORAGE OF TOXIC OR HAZARDOUS CHEMICALS. Storage, treatment, or disposal of toxic or hazardous materials on the Premises is prohibited except as authorized by the Licensor in accordance with 10 U.S.C. § 2692. Any hazardous materials that the Licensor authorizes the storage, treatment, or disposal of in connection with the use of the Premises shall be identified on a Hazardous Materials List and made a part of this License. Any such approved storage, treatment, or disposal of toxic or hazardous material by Licensee on the Premises shall be strictly limited to that material required or generated in connection with the authorized and compatible use of the Premises and shall be conducted in a manner consistent with the best interest of national defense as determined by the Secretary of the Navy and applicable law and regulations. As and to the extent caused by or attributable to the Licensee, Licensee shall have continued financial and environmental responsibility or liability for any and all direct or indirect consequences of the storage, treatment, or disposal of toxic or hazardous material within the Premises. Licensee will manage, control and dispose of its hazardous waste and hazardous materials in accordance with Federal, state, and local laws. In addition, Licensee shall implement the environmental requirements of applicable facility plans including but not limited to Spill Plans, Emergency Response Plans, and Hazardous Waste Management Plans. In the event the FILE NO: N/A LICENSE (CONTRACT) NO: N4769223RP23P12 EXHIBIT B GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY (BRAC) Version: 7 Oct 2015 Page 4 of 4 Licensor approves the storage, treatment, or disposal of toxic or hazardous materials, the Licensee shall obtain insurance or post a bond in an amount sufficient to cover possible cleanup costs. 17. ENVIRONMENTAL CONDITION OF PREMISES. Exhibit “C”, Environmental Condition of Property, sets forth the existing environmental condition of the Premises as represented by a baseline survey conducted by the Licensor. Licensee is hereby made aware of the notifications contained in Exhibit “C” and shall comply with all restrictions set forth therein. 18. JOINT INSPECTION AND INVENTORY REPORT (NON-ENVIRONMENTAL). A Joint Inspection and Inventory Report (JIIR) has been conducted by representatives of the Licensor and the Licensee documenting the condition of the Premises. The report is attached to this License and made a part hereof as Exhibit “D”. The Premises shall be delivered to the Licensee on an "As Is, Where Is" basis, and, as such, Licensor makes no warranty relative to the Premises as to its usability generally or as to its fitness for any particular purpose. Any safety and/or health hazards identified and listed as such in the JIIR shall be corrected at the Licensee’s expense prior to use and occupancy of the relevant portion of the Premises. Such safety and/or health hazards shall be limited to those identified in the JIIR. In the event this License is terminated and the parties have not agreed to enter into a new License, or another agreement, Licensee shall return the Premises to the Licensor in the same condition in which it was received, reasonable wear and tear and Acts of God excepted. Licensee may, at its expense and with prior written approval of the Licensor: (a) replace any personal property with personal property of like kind and utility, (b) replace any personal property in a good and workmanlike manner, and (c) dispose of any worn out, obsolete or non- functioning personal property, in accordance with applicable laws and regulations. Licensor shall not unreasonably withhold or delay granting its approval to Licensee’s request for such actions. 19. ADMINISTRATIVE COSTS. At the termination or expiration of this License, at the Licensor’s discretion, Licensee shall be responsible for administrative costs associated with completing a final inspection of the premises and updating the Environmental Condition of Property. 20. NOTICES. Correspondence concerning this License shall be provided to both the Local Representative identified in Block 6a. and the Real Estate Contracting Officer identified in Block 10. 21. STATEMENT OF COMPLIANCE. Pursuant 10 U.S.C. § 2662: a. This license is not subject to the requirements of this section; or, b. This license is subject to the requirements of this section and said requirements have been met. 22. ADDITIONS, MODIFICATIONS AND DELETIONS. Prior to the execution of this License, the following provisions were added, modified or deleted: Provisions 1, 17, 18, 19 and 21b have been deleted and or modified. N4769223RP23P12 1 Exhibit C Special Provisions a. Licensee understands they have non-exclusive use of the Licensed Premises and must coordinate usage of the Licensed Premises with all other licensed entities. Licensee shall maintain and communicate a monthly training schedule that identifies dates of intended use and access. This schedule shall indicate the type of training involved and estimate number of personnel that will attend the training event. Licensee is hereby informed that portions of the road infrastructure are subject to a License with the City of Concord and close coordination with the City to deconflict the research development purposes of the City License is required. By the 1st of every month, the Licensee shall notify each of the following entities of the training schedule anticipated for the next 60 days: Navy Notification POCs: Tim Yonce – (843) 963-8795, timothy.t.yonce.civ@us.navy.mil CSO - Glen Nelson– (415) 743-4703, (510) 224-0566, glen.a.nelson10.civ@us.navy.mil MOTCO Notification POCs: Glen Nelson– (415) 743-4703, (510) 224-0566, glen.a.nelson10.civ@us.navy.mil City of Concord Notification POC: Israel Mora - (510) 603-1804, Israel Mora@cityofconcord.org Contra Costa County Fire Protection District POC: Lewis T. Broschard III- (925) 941-3501, lewis.broschard@cccfpd.org Contra Costa County Office Sheriff POC Megan Benveniste - (925) 646-4461, Mbenv001@so.cccounty.us b. No overnight occupancy is permitted. c. Licensee shall ensure that the Licensed Premises will be clean of debris and trash at the end of the use of the Licensed Premises, to the satisfaction of the Government, and will keep the Licensed Premises clean and orderly on a daily basis. Non-compliance with this provision may be the basis for License termination or revocation of future request. d. No fueling will be authorized within the Licensed Premises. e. Sublicensing is authorized. See Special Provision "y" for Sublicensing requirements. f. Licensee will not block the Licensor, its contractors or other Licensees from the Licensed Premises. g. Unless specifically authorized in Section 5 of Page 1 of the License, all vehicles traversing the property will remain on paved roads on the Licensed Premises. h. Government shall have no responsibility for the protection and safeguarding of any personal vehicles or any other personal property brought onto Concord Naval Weapons, in connection with this License. N4769223RP23P12 2 i. Signage, other than directional signs, is prohibited. Directional signs must be freestanding or located on existing poles and must be removed after the conclusion of the License term. j. Licensee may not conduct operations that would interfere or otherwise restrict environmental cleanup or restoration actions by the Government, the US EPA, State environmental regulators, or their contractors. In the event of any conflict, environmental cleanup, restoration, or testing activities by these parties shall take priority over Licensee’s use of the Licensed Premises. k. Government’s rights under this License specifically include the right for Government officials to inspect, upon reasonable notice, the Licensed Premises for compliance with environmental, safety, and occupational health laws and regulations, whether or not the Government is responsible for enforcing them. Such inspections shall not interfere with Licensee’s activities unless immediate entry is required for safety or security reasons or in the event of an emergency. Such inspections are without prejudice to the right of duly constituted enforcement officials to make such inspections. Licensee shall have no claim on account of any entries against the United States or any officer, agent, employee, contractor or subcontractor thereof. l. Licensee shall not use groundwater and shall not disturb or cause to be disturbed Government groundwater monitoring wells and equipment. Licensee shall not conduct any subsurface excavation, digging, drilling, or other disturbance of the surface at the Licensed Premises. m. Access to Installation Restoration Program sites, Military Munitions Response Program sites, wetlands, archeological sites, areas with archeological potential, areas that support Federally listed endangered/threatened species, areas utilized by other Federal or DoD entities, and areas utilized by other licensees, lessees, or other agreements are prohibited. n. In the event that archaeological materials (e.g., shell, wood, bone, or stone artifacts) or human remains are found or suspected during operations, the Licensee shall stop training in the area of the discovery, secure the site, and notify the Government as soon as practicable, but no longer than 24 hours after the discovery. The Licensee shall not proceed with training until the Government has the opportunity to evaluate the find, and the Government gives the Licensee direction to resume training. o. Licensee will at all times during the use of this License promptly observe and comply, at its sole cost and expense, with the provisions of all applicable Federal, State, and local laws, regulations, and standards concerning environmental quality and pollution control and abatement. Licensee covenants that it will not generate, use, or store hazardous substances or hazardous waste on the Licensed Premises. Licensee shall promptly notify the Government and supply copies of any notices, reports, correspondence, and submissions made by Licensee to any Federal, State, or local authority, or received by Licensee from said authority, concerning environmental N4769222RP22P10 3 matters or hazardous substances or hazardous waste on, about, or pertaining to the Licensed Premises. p. No notice, order, direction, determination, requirement, consent or approval under this License shall be of any affect unless it is in writing and signed by the Parties to this License. q. Still photography or filming is prohibited unless otherwise requested in writing by the Licensee and permission is authorized in writing by the Government, and only with strict observation of any additional precaution or procedure the Government may specify. r. Licensee is responsible for ensuring that the buildings are properly secured upon leaving the Licensed Premises each day during the term of the License. Licensee shall be required to pay for the repair or replacement of any structural damage (e.g., windows, walls, doors, floors) to the Licensed Premises caused from the training or vandalism. s. LIVE MUNITION TRAINING IS STRICTLY PROHIBITED. No hazardous materials or explosives are authorized within the Licensed Premises. Other than the specific simunition approved in Special Provision “t”, no other chemicals, pyrotechnics, flame, heat, smoke, paint, etc., will be utilized by the Licensee. No smoking is permitted within the Licensed Premises. t. Licensee is authorized to use “12 GRAM LOW ROLL NON-RELOADABLE DISTRACTION DEVICE,” as described in the MSDS attached hereto as Exhibit “F”. Licensee agrees to collect and dispose of all spent device cartridges once the training event is complete. When training in building interiors, Licensee agrees to properly clean up (wipe down, sweep, etc.) any visible or excess created by the device u. Notification is hereby given that the buildings authorized for use for training purposes at the former Concord Naval Weapons Station may contain asbestos. Your agency’s Industrial Hygiene Specialist may coordinate access to verify the presence of friable asbestos. All posted signs stating limited or prohibited access due to asbestos must be followed. Information regarding asbestos is hereby attached as Attachment “A” to these Special Provisions (Fact Sheet July 2003; “What is Asbestos?” – 3 pages) and made part of this License agreement with the Department of the Navy. If you have any questions, please call the CSO (as cited in paragraph a. of these Special Provisions). v. The Licensed Premises are delivered to the Licensee "AS IS, WHERE IS", and, as such, the Government makes no warranty as to such facilities and property either as to their usability generally or as to their fitness for any particular purpose. At the termination of this License, Licensee shall turn over to the Government the Licensed Premises in the same, or as good a condition in which they were received, reasonable wear and tear excepted. w. Notice is hereby given that the Government is no longer maintaining the property at the level of an operational Navy base and safety hazards may be present. The Navy has not inspected the building and Licensee assumes any and all risk from its use. N4769222RP22P10 4 x. LICENSEE ACKNOWLEDGES THAT LICENSEE AND ITS INVITEES ARE ENTERING THE LICENSED PREMISES AT THEIR OWN RISK AND LICENSEE EXPRESSLY INDEMNIFIES AND HOLDS THE LICENSOR HARMLESS FOR ANY DAMAGE OR HARM TO LICENSEE AND ITS INVITEES RESULTING FROM USE OF THE LICENSED PREMISES. LICENSEE ACKNOWLEDGES THAT IT HAS PROVIDED EACH INVITEE WITH A COMPLETE COPY OF THIS LICENSE AND HAS PERSONALLY ADVISED EACH INVITEE OF THE RISKS ASSOCIATED WITH USE OF THE LICENSED PREMISES, INCLUDING BUT NOT LIMITED TO THOSE RISKS RELATED TO CONTACT WITH UNEXPLODED ORDNANCE. SHOULD THE LICENSEE ENCOUNTER ANY METALLIC OBJECTS, IT SHALL IMMEDIATELY CEASE ALL ACTIVITY AND CONTACT THE CSO POINT OF CONTACT. y. Law enforcement agencies that use canine units during their training must pick up dog waste and dispose in a proper manner upon leaving the Licensed Premises. z. Licensee may sublicense to entities without Government approval on the basis that all License terms and conditions will be provided to Sublicensee. Licensee shall be responsible for retaining documentation (sublicense, permits, etc.) related to Sublicensee use. Sublicensees shall be provided a copy of the entire License, including Asbestos fact sheet (Attachment "A"). aa. Licensee acknowledges that planned training events may be cancelled at the request of the Licensor for reasons including but not limited to public events, access requests in support of the Navy environmental program, Navy response actions, etc. bb. Licensee acknowledges that one building (IA-7) is adjacent to the Licensed Premises has been Licensed to the City of Concord for use by its sublicensee for storage of vehicles and is hereby excluded from this License and is not a component of the Licensed Premises. Licensee shall not conduct training activities directly adjacent to IA-7 and shall not block or hinder the City of Concord (and its assigns) from entering IA-7. cc. Licensee is prohibited from accessing government owned remediation equipment stored in an enclosure adjacent to building IA-12 as shown in Exhibit "D." dd. Licensee is prohibited from vehicle use within area, depicted in Exhibit "D" due to remediation equipment (SVE) in the ground. ee. Licensee is authorized to use the North side of IA-15, next to the fire burn box, for bicycle storage as shown in Exhibit “E”. ff. The failure of Licensor to enforce any provision of this License shall not be construed as waiver of that or any other provision herein. gg. Licensee shall have the right to self-insure. In the event that Licensee does self-insure, Licensee shall provide written evidence of such self-insurance to Licensor, and shall include the Licensor as additional insured under such self-insurance coverage as described in General Provision 9. If Licensee does not self-insure, then, during the entire term of this Agreement, Licensee shall provide and maintain, in full force and effect at all times, insurance policies meeting the requirements described in General Provision 9, unless otherwise expressed in writing by the Licensor. N4769222RP22P10 5 hh. In the event of conflict with the General Provisions of the License, the Special Provisions shall prevail and override the General Provisions. LICENSEE ACKNOWLEDGMENT: Licensee Date Exhibit D Building IA-12 - Prohibited Access Area N4769223RP23P12 '11111,z r,,, '//l z '/J. -1/1,. Exhibit E Bldg IA-15 - Bicycle Storage N4769223RP23P12 Exhibit F Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Page 1/14 Printing date July 07, 2015 Revision: July 07, 2015 SECTION 1: Identification of the substance/mixture and of the company undertaking · 1.1 Product identifier · Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® · Article number: 8902NR (1091494) · 1.2 Relevant identified uses of the substance or mixture and uses advised against No further relevant information available. · 1.3 Details of the supplier of the Safety Data Sheet · Manufacturer/Supplier: Safariland, LLC 13386 International Parkway Jacksonville, FL 32218 Customer Care (800) 347 -1200 @. DEFENSE TECHNOLOGY" · Further information obtainable from: Customer Care Department · 1.4 Emergency telephone number: ChemTel Inc. (800)255-3924, +1 (813)248-0585 SECTION 2: Hazards identification · 2.1 Classification of the substance or mixture · Classification according to Regulation (EC) No 1272/2008Classifications listed are applicable to the OSHA GHS Hazard Communication Standard(29CFR1910.1200).0 exploding bomb Expl. 1.4 H204 Fire or projection hazard. · Additional information:There are no other hazards not otherwise classified that have been identified. 0 % of the mixture consists of component(s) of unknown toxicity. ------------- ------------------------------ · 2.2 Label elements· Labelling according to Regulation (EC) No 1272/2008 The product is additionally classified and labelled according to the Globally Harmonized System within the United States (GHS). The product is classified and labelled according to the CLP regulation. · Hazard pictograms0GHS01 · Signal word Warning · Hazard statementsH204 Fire or projection hazard. (Cont'd. on page 2) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Page 2/14 Printing date July 07, 2015 Revision: July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® (Cont'd. from page 1) · Precautionary statements P210 Keep away from heat, hot surfaces, sparks, open flames and other ignition sources. No smoking. P250 Do not subject to grinding/shock/friction. P280 Wear protective gloves/protective clothing/eye protection/face protection. P373 DO NOT fight fire when fire reaches explosives. P370+P380 In case of fire: Evacuate area. P372 Explosion risk in case of fire. P401 Store in accordance with local/regional/national/international regulations. P501 Dispose of contents/container in accordance with local/regional/national/international regulations. · Additional information: Contains lead. Should not be used on surfaces liable to be chewed or sucked by children.Can become highly flammable in use. · NFPA ratings (scale O -4) Health = 1 Fire= 0 Reactivity = 3 · HMIS-ratings (scale O -4) Health = 1 Fire = 0 '------= Reactivity = 3 · HMIS Long Term Health Hazard Substances 7778-74-7 potassium perchlorate · 2.3 Other hazards · Results of PBT and vPvB assessment· PBT: Not applicable. · vPvB: Not applicable. · Explosive Product Notice PREVENTION OF ACCIDENTS IN THE USE OF EXPLOSIVES -The prevention of accidents in the use of explosives is a result of careful planning and observance of the best known practices. The explosives user must remember that he is dealing with a powerful force and that various devices and methods have been developed to assist him in directing this force. He should realize that this force, if misdirected, may either kill or injure both him and his fellow workers. WARNING -All explosives are dangerous and must be carefully handled and used following approved safety procedures either by or under the direction of competent, experienced persons in accordance with all applicable federal, state, and local laws, regulations, or ordinances. If you have any questions ordoubts as to how to use any explosive product, DO NOT USE IT before consulting with your supervisor, or the manufacturer, if you do not have a supervisor. If your supervisor has any questions or doubts, he should consult the manufacturer before use. (Cont'd. on page 3) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Page 3/14 Printing date July 07, 2015 Revision: July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® (Cont'd. from page 2) SECTION 3: Composition/information on ingredients · 3.2 Mixtures· Description: Mixture of substances listed below with nonhazardous additions. · Dangerous components: CAS: 7778-74-7 EINECS: 231-912-9 Index number: 017-008-00-5 CAS: 7429-90-5 EINECS: 231-072-3 Index number: 013-001-00-6 CAS: 7439-95-4 EINECS: 231-104-6 Index number: 012-001-00-3 CAS: 7 440-50-8 EINECS: 231-159-6 CAS: 7 440-66-6 CAS: 3811-04-9 EINECS: 223-289-7 Index number: 017-004-00-3 CAS: 592-87-0 EINECS: 209-774-6 Index number: 082-001-00-6 CAS: 10294-40-3 EINECS: 233-660-5 Index number: 056-002-00-7.. · Add1t1onal information: potassium perchlorate Ox. Sol.· 1 ,-H271 ----------------·---------------<!> Acute Tax. 4, H302 aluminium powder (pyrophoric) Pyr.-Sol. 1 H250; Water:reac£ 2, i-fi6_f _ ------------ - - - - magnesium powder (pyrophoric) Pyr.-sof 1 H2so; watei--i-eact: -1: r12eo . ···----- copper substance with a Community workplace exposure limit zinc metal Aquatic Ac-ute -1 H400; Aquatic-Chron-ic 1, H41 o - potassium chlorate ·i Cidfoi.-i, H271 --- 1. Aquatic Chronic 2, H411 , Acute Tax. 4, H302; Acute Tax. 4, H332 lead dithiocyanate·i C:Sic. -1 B, H350; Rei,r. f A, H36iiDf; st OT RE 2, H373 Aquatic Acute 1, H400; Aquatic Chronic 1, H410 Acute Tax. 4, H302; Acute Tax. 4, H332 barium chromate --- --- - - - --- *i e ! J,5 3 ; ; ;e· --4,- ;;; · - - . - - ---------- - 25-50% 25-50% 10-25% 2,5-10% 2.5% 2.5% 2.5% 2.5% For the listed ingredients, the identity and exact percentages are being withheld as a trade secret. SECTION 4: First aid measures · 4.1 Description of first aid measures · General information: Immediately remove any clothing soiled by the product.· After inhalation: Unlikely route of exposure. Supply fresh air; consult doctor in case of complaints. · After skin contact: Generally the product does not irritate the skin. Wash with soap and water.If skin irritation is experienced, consult a doctor. (Cont'd. on page 4) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHA GHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® Page 4/14 Revision: July 07, 2015 (Cont'd. from page 3) · After eye contact: Remove contact lenses if worn. Rinse opened eye for several minutes under running water. If symptoms persist, consult a doctor. · After swallowing: Unlikely route of exposure.Do not induce vomiting; call for medical help immediately. · 4.2 Most important symptoms and effects, both acute and delayed Blast injury if mishandled. · Hazards Danger of blast or crush-type injuries. · 4.3 Indication of any immediate medical attention and special treatment needed Product may produce physical injury if mishandled. Treatment of these injuries should be based on the blast and compression effects. SECTION 5: Firefighting measuries · 5.1 Extinguishing media · Suitable extinguishing agents: DO NOT fight fire when fire reaches explosives.Use fire extinguishing methods suitable to surrounding conditions. · For safety reasons unsuitable extinguishing agents: None. · 5.2 Special hazards arising from the substance or mixtureProduct may explode if burned in confined space. Individual cartridges may explode. Mass explosion of many cartridges at once is unlikely. · 5.3 Advice for firefighters · Protective equipment:Wear self-contained respiratory protective device. Wear fully protective suit. · Additional informationEliminate all ignition sources if safe to do so. Flammability Classification: (defined by 29 CFR 1910.1200) Explosive. Can explode under fire conditions.Individual devices will randomly explode. Will not mass explode if multiple devices are involved. Burning material may produce toxic and irritating vapors. In unusual cases, shrapnel may be thrown fromexploding devices under containment. See 2008 Emergency response Guidebook for further information. SECTION 6: Accidental release measures · 6.1 Personal precautions, protective equipment and emergency proceduresFOR ALL TRANSPORTATION ACCIDENTS, CALL CHEMTEL AT 1-800-255-3924. Spills of this material should be handled carefully. Do not subject materials to mechanical shock or extreme heat. A spill of this material will normally not require emergency response team capabilities. Remove persons from danger area. Ensure adequate ventilationWear protective clothing. Protect from heat. Isolate area and prevent access. · 6.2 Environmental precautions: No special measures required. (Cont'd. on page 5) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHA GHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® · 6.3 Methods and material for containment and cleaning up: Pick up mechanically. Send for recovery or disposal in suitable receptacles. · 6.4 Reference to other sections See Section 7 for information on safe handling. See Section 8 for information on personal protection equipment. See Section 13 for disposal information. SECTION 7: Handling and starage · 7.1 Precautions for safe handling Handle with care. Avoid jolting, friction and impact. Use only in well ventilated areas. Do not subject to grinding/shock/friction. · Information about fire -and explosion protection: Protect from heat. Emergency cooling must be available in case of nearby fire. · 7.2 Conditions for safe storage, including any incompatibilities · Storage: ·Requirements to be met by storerooms and receptacles: Store in a cool location. · Information about storage in one common storage facility: Store away from foodstuffs. Store away from flammable substances. · Further information about storage conditions: Store in cool, dry conditions in well sealed receptacles. Keep away from heat. · 7.3 Specific end use(s) No further relevant information available. SECflON 8: Expos1:1re controls1persanal protection Page 5/14 Revision: July 07, 2015 (Cont'd. from page 4) · Additional information about design of technical facilities: No further data; see section 7. · 8.1 Control parameters · Ingredients with limit values that require monitoring at the workplace: 7429-90-5 aluminium powder (pyrophoric) PEL (USA) Long-term value: 15*; 15** mg/m 3 *Total dust; ** Respirable fraction REL (USA) Long-term value: 1 0* 5** mg/m 3 as Al*Total dust**Respirable/pyro powd./welding f. TLV (USA) Long-term value: 1 * mg/m 3 as Al; *as respirable fraction EL (Canada) Long-term value: 1,0 mg/m 3 respirable, as Al (Cont'd. on page 6) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHA GHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® EV (Canada) Long-term value: 5 mg/m 3 aluminium-containing (as aluminium) 7 440-50-8 copper PEL (USA) Long-term value: 1 * 0, 1 ** mg/m 3 as Cu *dusts and mists **fume REL (USA) Long-term value: 1 * 0, 1 ** mg/m 3 as Cu *dusts and mists **fume TLV (USA) Long-term value: 1 * 0,2** mg/m 3 *dusts and mists; **fume; as Cu EL (Canada) Long-term value: 1 * 0,2** mg/m 3 *dusts and mists; **fume, as Cu EV (Canada) Long-term value: 0,2* 1** mg/m 3 as copper, *fume;**dust and mists 592-87-0 lead dithiocyanate PEL (USA) Long-term value: 5 mg/m 3 as CN; Skin EV (Canada) Long-term value: 0,05 mg/m 3 as Pb, Skin (organic compounds) 10294-40-3 barium chromate PEL (USA) Long-term value: 0,005* mg/m 3 Ceiling limit: 0, 1 ** mg/m 3 *as Cr(VI) **as Cr03; see 29 CFR 1910, 1026 REL (USA) Long-term value: 0,0002 mg/m 3 as Cr; See Pocket Guide Apps. A and C TLV (USA) Long-term value: 0,01 mg/m 3 as Cr EL (Canada) Long-term value: 0,01 mg/m 3 as Cr; ACGIH A1, IARC 1 · DNELs No further relevant information available. · PNECs No further relevant information available. · Ingredients with biological limit values: 10294-40-3 barium chromate BEi (USA) 25 µg/L Medium: urine Time: end of shift at end of workweek Parameter: Total chromium (fume) 10 µg/L Medium: urine Time: increase during shift Parameter: Total chromium (fume) · Additional information: No further relevant 1nformat1on available. Page 6/14 Revision: July 07, 2015 (Cont'd. from page 5 (Cont'd. on page 7) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® Page 7/14 Revision: July 07, 2015 (Cont'd. from page 6) ·8.2 Exposure controls·Personal protective equipment:· General protective and hygienic measures: The usual precautionary measures are to be adhered to when handling chemicals.Keep away from foodstuffs, beverages and feed. Immediately remove all soiled and contaminated clothing. Wash hands before breaks and at the end of work. ·Respiratory protection:Not required under normal conditions of use. Wear positive pressure NIOSH or European EN149 vapor respirators when deploying product in largequantities.·Protection of hands:Wear gloves for the protection against mechanical hazards according to NIOSH or EN 388. · Material of glovesThe selection of the suitable gloves does not only depend on the material, but also on further marks ofquality and varies from manufacturer to manufacturer. As the product is a preparation of several substances, the resistance of the glove material can not be calculated in advance and has therefore to be checked prior to the application.·Penetration time of glove material The exact break through time has to be found out by the manufacturer of the protective gloves and has to be observed.·Eye protection: - Safety glasses ·Body protection: Protective work clothing·Limitation and supervision of exposure into the environmentNo further relevant information available.·Risk management measuresOrganizational measures should be in place for all activities involving this product. SECTION 9: Phy,.sical and chemical properties ·9.1 Information on basic physical and chemical properties· General Information · Appearance:Form:Colour:· Odour:· Odour threshold: ·pH-value: · Change in conditionMelting point/Melting range:Boiling point/Boiling range: Solid material According to product specification Odourless Not determined. Not applicable. Not Determined. Undetermined. (Cont'd. on page 8) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® · Flash point: · Flammability (solid, gaseous): · Auto/Self-ignition temperature: · Decomposition temperature: · Self-igniting: · Danger of explosion: · Explosion limits: Lower: Upper: · Oxidising properties · Vapour pressure: · Density: · Relative density · Vapour density· Evaporation rate Not applicable. Fire or projection hazard. Not determined. Not determined. Product is not self-igniting. Heating may cause an explosion. Not determined. Not determined. Contains oxidizing agent. Not determined. Not determined. Not determined. Not applicable. Not applicable. Page 8/14 Revision: July 07, 2015 (Cont'd. from page 7) · Solubility in / Miscibility with water:Variable, dependent upon product composition and packaging. · Partition coefficient (n-octanol/water): Not determined. · Viscosity: Dynamic: Kinematic: · 9.2 Other information Not applicable. Not applicable. No further relevant information available. SECTION 18: Stability and r:eactivity · 10.1 Reactivity No further relevant information available.· 10.2 Chemical stability · Thermal decomposition / conditions to be avoided: Keep away from heat, hot surfaces, sparks, open flames and other ignition sources. No smoking. · 10.3 Possibility of hazardous reactions Fire or projection hazard. Toxic fumes may be released if heated above the decomposition point. · 10.4 Conditions to avoid No further relevant information available. · 10.5 Incompatible materials: No further relevant information available.· 10.6 Hazardous decomposition products: Leadoxide vapour (Cont'd. on page 9) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® SEGTION 11: T oxicalogical information ·11.1 Information on toxicological effects Page 9/14 Revision: July 07, 2015 (Cont'd. from page 8) This is a packaged product that will not result in exposure to the contents under normal conditions of use. In the event of exposure, administer first aid appropriate for symptoms present. · Acute toxicity · LD/LCS0 values relevant for classification: 7758-97-6 lead chromate Oral I LOSO 112000 mg/kg (mouse) · Primary irritant effect:· Skin corrosion/irritation Not a skin irritant in unused form. Vapors/particles from used product are possibly irritating to skin. · Serious eye damage/irritation Not an eye irritant in unused form. Vapors/particles from used product are possibly irritating to eyes. ·Respiratory or skin sensitisation Based on available data, the classification criteria are not met. · Additional toxicological information: Normal handling of the undeployed product poses little or no health hazards, One should avoid inhalation by wearing appropriate respiratory protection when exposed to the chemical ingredients of the product above listed TLV's or when exposed to the post ignition by-products. This product is a cansister which contains the various components completely sealed within. Therefore, under normal handling of this product, no exposure to any harmful materials will occur. When the product is used, particles may be generated which may be irritating to the eyes and the respiratory tract.· Acute effects (acute toxicity, irritation and corrosivity): Danger of blast or crush-type injuries. ·Repeated dose toxicity: No further relevant information available.· CMR effects (carcinogenity, mutagenicity and toxicity for reproduction):· Germ cell mutagenicity Based on available data, the classification criteria are not met. · Carcinogenicity Based on available data, the classification criteria are not met. ·Reproductive toxicity Based on available data, the classification criteria are not met. · STOT-single exposure Based on available data, the classification criteria are not met. · STOY-repeated exposure Based on available data, the classification criteria are not met. · Aspiration hazard Based on available data, the classification criteria are not met. s·ecTION 12: Ecological in'formatian ·12.1 Toxicity· Aquatic toxicity: No further relevant information available.·12.2 Persistence and degradability No further relevant information available.·12.3 Bioaccumulative potential May be accumulated in organism · 12.4 Mobility in soil No further relevant information available. · Additional ecological information:· General notes: Do not allow product to reach ground water, water course or sewage system. Danger to drinking water if even small quantities leak into the ground. The product contains heavy metals. Avoid transfer into the environment. Specific preliminary treatments are necessary (Cont'd. on page 10) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHA GHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® · 12.5 Results of PBT and vPvB assessment · PBT: Not applicable. · vPvB: Not applicable. · 12.6 Other adverse effects No further relevant information available. SECTION 13: Disposal considerations · 13.1 Waste treatment methods · Recommendation Page 10/14 Revision: July 07, 2015 (Cont'd. from page 9) Must not be disposed together with household garbage. Do not allow product to reach sewage system. The user of this material has the responsibility to dispose of unused material, residues and containers in compliance with all relevant local, state and federal laws and regulations regarding treatment, storage and disposal for hazardous and nonhazardous wastes. Residual materials should be treated as hazardous. · Uncleaned packaging: · Recommendation: Disposal must be made according to local official regulations.· Recommended cleansing agents: Water, if necessary together with cleansing agents. SECTION 14: Transport information · 14.1 UN-Number · DOT, ADR, IMDG, IATA · 14.2 UN proper shipping name ·DOT ·ADR· IMDG, IATA · 14.3 Transport hazard class(es) ·DOT · Class · Label ·ADR ·Class · Label · IMDG, IATA · Class · Label UN0452 Grenades, Practice 0452 GRENADES, PRACTICE GRENADES, PRACTICE 1.4 1.4 1.4(-) 1.4G 1.4 1.4G (Cont'd. on page 11) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Page 11/14 Printing date July 07, 2015 Revision: July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® (Cont'd. from page 10) · 14.4 Packing group · DOT, ADR, IMDG, IATA II · 14.5 Environmental hazards: · Special marking (IATA):Prohibited from Transport in Passenger Aircraft. Cargo Aircraft Only. · 14.6 Special precautions for user Not applicable. · EMS Number:F-B,S-X · 14.7 Transport in bulk according to Annex II of Marpol and the IBC Code Not applicable. · Transport/Additional information: ·ADR · Limited quantities (LQ) · Excepted quantities (EQ) · Transport category · Tunnel restriction code · UN "Model Regulation": I. �ECTION 15: Regulatory information 0 Code: ED Not permitted as Excepted Quantity 2 E UN0452, Grenades, Practice, 1.4, II · 15.1 Safety, health and environmental regulations/legislation specific for the substance or mixture · United States (USA) ·SARA · Section 355 (extremely hazardous substances): None of the ingredients are listed. · Section 313 (Specific toxic chemical listings): 7429-90-5 aluminium powder (pyrophoric) 7440-50-8 copper 7440-66-6 zinc metal · TSCA (Toxic Substances Control Act): All ingredients are listed . . . · Propos1t1on 65 (California): · Chemicals known to cause cancer: 592-87-0 lead dithiocyanate 10294-40-3 barium chromate 7758-97-6 lead chromate · Chemicals known to cause reproductive toxicity for females: 10294-40-3 barium chromate 7758-97-6 lead chromate (Cont'd. on page 12) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® · Chemicals known to cause reproductive toxicity for males: 10294-40-3 I barium chromate 7758-97-6 I lead chromate · Chemicals known to cause developmental toxicity: 10294-40-3 I barium chromate 7758-97-6 pead chromate . · Carcinogenic Categories · EPA (Environmental Protection Agency) 7778-74-7 potassium perchlorate NL 7440-50-8 copper D 7440-66-6 zinc metal D, I, II Page 12/14 Revision: July 07, 2015 (Cont'd. from page 11) 10294-40-3 barium chromate A(inh), D(oral), K/L(inh), CBD(oral) · IARC (International Agency for Research on Cancer) 10294-40-3 barium chromate 11 · TLV (Threshold Limit Value established by ACGIH) 7429-90-5 aluminium powder (pyrophoric) IA4 10294-40-3 barium chromate IA1 · NIOSH-Ca (National Institute for Occupational Safety and Health) 10294-40-3 barium chromate · Canada · Canadian Domestic Substances List (DSL) All ingredients are listed. · Canadian Ingredient Disclosure list (limit 0.1%) 10294-40-3 I barium chromate · Canadian Ingredient Disclosure list (limit 1%) 7 429-90-5 I aluminium powder (pyrophoric) 7 440-50-8 I copper · Directive 2012/18/EU· Named dangerous substances -ANNEX I None of the ingredients are listed. · Other regulations, limitations and prohibitive regulations This product has been classified in accordance with hazard criteria of the Controlled Products Regulations and the SOS contains all the information required by the Controlled Products Regulations. · Substances of very high concern (SVHC) according to REACH, Article 57 None of the ingredients are listed. · 15.2 Chemical safety assessment: A Chemical Safety Assessment has not been carried out. (Cont'd. on page 13) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Page 13/14 Printing date July 07, 2015 Revision: July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® (Cont'd. from page 12) SECTION 16: © ner info ation This information is based on our present knowledge. However, this shall not constitute a guarantee for any specific product features and shall not establish a legally valid contractual relationship. · Relevant phrasesH250 Catches fire spontaneously if exposed to air. H260 In contact with water releases flammable gases which may ignite spontaneously. H261 In contact with water releases flammable gases. H271 May cause fire or explosion; strong oxidiser. H302 Harmful if swallowed. H332 Harmful if inhaled. H350 May cause cancer. H360Df May damage the unborn child. Suspected of damaging fertility. H373 May cause damage to organs through prolonged or repeated exposure. H400 Very toxic to aquatic life. H41 O Very toxic to aquatic life with long lasting effects. H411 Toxic to aquatic life with long lasting effects. · Abbreviations and acronyms: ADR: Accord europeen sur le transport des marchandises dangereuses par Route (European Agreement concerning the International Carriage of Dangerous Goods by Road) IMDG: International Maritime Code for Dangerous Goods DOT: US Department of Transportation IATA: International Air Transport Association GHS: Globally Harmonised System of Classification and Labelling of Chemicals ACGIH: American Conference of Governmental Industrial Hygienists EINECS: European Inventory of Existing Commercial Chemical Substances ELINCS: European List of Notified Chemical Substances GAS: Chemical Abstracts Service (division of the American Chemical Society) NFPA: National Fire Protection Association (USA) HMIS: Hazardous Materials Identification System (USA) DNEL: Derived No-Effect Level (REACH) PNEC: Predicted No-Effect Concentration (REACH) LC50: Lethal concentration, 50 percent LD50: Lethal dose, 50 percent PBT: Persistent, Bioaccumulative and Toxic SVHC: Substances of Very High Concern vPvB: very Persistent and very Bioaccumulative Expl. 1.4: Explosives, Division 1.4 Pyr. Sol. 1: Pyorphoric Solids, Hazard Category 1 Water-react. 1: Substances and Mixtures which, in contact with water, emit flammable gases, Hazard Category 1 Water-react. 2: Substances and Mixtures which, in contact with water, emit flammable gases, Hazard Category 2 Ox. Sol. 1: Oxidising Solids, Hazard Category 1Acute Tox. 4: Acute toxicity, Hazard Category 4 Care. 1A: Carcinogenicity, Hazard Category 1A Care. 1 B: Carcinogenicity, Hazard Category 1 B Repr. 1A: Reproductive toxicity, Hazard Category 1A STOT RE 2: Specific target organ toxicity -Repeated exposure, Hazard Category 2 Aquatic Acute 1: Hazardous to the aquatic environment -Acute Hazard, Category 1 Aquatic Chronic 1: Hazardous to the aquatic environment -Chronic Hazard, Category 1 Aquatic Chronic 2: Hazardous to the aquatic environment -Chronic Hazard, Category 2· Sources SOS Prepared by: ChemTel Inc. (Cont'd. on page 14) Safety Data Sheet according to 1907/2006/EC (REACH), 1272/2008/EC (CLP), and OSHAGHS Printing date July 07, 2015 Trade name: 12-Gram Low Roll ™ Non-Reloadable Distraction Device® 1305 North Florida Avenue Tampa, Florida USA 33602-2902 Toll Free North America 1-888-255-3924 Intl. +01 813-248-0573 Website: www.chemtelinc.com Page 14/14 Revision: July 07, 2015 (Cont'd. from page 13) RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a license agreement with the United States of America, Department of the Navy, to use an approximately 80-acre portion of the former Concord Naval Weapon Station (“Premises”) for public safety training purposes during the period from April 16, 2023, through May 31, 2024. (Project Number 2505-WLP220) APPROVE and AUTHORIZE the Sheriff Coroner, or designee, to execute sub-license agreements, in the form attached to the license agreement, with other public agencies that require the use of the Premises for public safety training purposes. FISCAL IMPACT: No fiscal impact. There is no cost associated with this license agreement. BACKGROUND: The United States of America, Department of the Navy (Navy), owns the Marine Ocean Terminal Concord (MOTCO) administrative area on the former Concord Naval Weapons Station. The Sheriff and other agencies have used an approximately 80-acre area (“Premises”) of the MOTCO administration area for public safety training purposes. The Navy’s management of training scheduling has resulted in scheduling conflicts, double-booking, and other concerns. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jessica Dillingham, (925) 957-2453 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.104 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:April 4, 2023 Contra Costa County Subject:License agreement with the United States of America, Dept. of the Navy to use & sublicense a portion of the former Naval Weapons Station in Concord. BACKGROUND: (CONT'D) The Sheriff requires the Premises for its public safety training and is willing to schedule other agencies’ training to reduce the disruptions to scheduled trainings that the Sheriff has experienced in the past. The Navy has agreed to allow the Sheriff to continue to manage training scheduling under a yearly license agreement for the Premises. The license agreement allows the Sheriff to grant sub-licenses to other public agencies that will participate in public safety training organized or scheduled by the Sheriff. The license agreement requires the County to indemnify and hold the Navy harmless for the County’s activities under the license. Sub-licenses granted by the County will require the sub-licensee to hold the County harmless from liabilities arising from the sub-licensee’s activities under the sub-license. Risk Management has reviewed the indemnity and insurance requirements and has confirmed that the requirements are acceptable. For these reasons, Office of the Sheriff staff recommend that the Board approve the execution of the license agreement with the United States. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff will not be able to enter into an agreement with the Navy for use of the former Concord Naval Weapon Station’s MOTCO facilities for public safety training. ATTACHMENTS License Agreement A. Applications for Staff Membership Applicant Department/ Specialty Fernandez, Carlos, MD Psychiatry/Psychology Salber, Jason, MD Diagnostic Imaging Sogge, Merle, MD Internal Medcine - Gastro B. Staff Advancing to Non-Provisional Provider Department Staff Status Harris, Laura, MD DFAM A C. Biennial Reappointments Provider Department Staff Status Hatcher, Jenika, DDS Dental A Sarvi, Tina, DDS Dental A Carr, Megan, DO DFAM A Holmes, Michelle, MD DFAM A Karpowicz, Scott, MD DFAM A Maramonte, Shelly, MD DFAM A Moeller, Kristin, MD DFAM A Orengo-McFarlane, Michelle, MD DFAM A Wu, Eureka, DO DFAM A Hayashi, Aaron, MD Diagnostic Imaging A Ringo, Patrice, MD Emergency Medicine A Freedman, Julie, MD Hospital Medicine A Jester, Geena, MD Hospital Medicine A Saud, Shakir, MD Hospital Medicine A Arnold, Stephen, MD Internal Medicine A Chaudhry, Nusrat, MD Internal Medicine A Hamid, Elizabeth, MD Internal Medicine C Lee, John, MD Internal Medicine A Nainani, Neha, MD Internal Medicine C Elsenheimer, Kaitlin, MD OB/GYN A Keller, Lisa, MD OB/GYN A Lepp, Natheniel, MD OB/GYN A Mohr, Victoria, MD OB/GYN P Blaisch, Brian, MD Pediatrics A Forouhar, Sara, MD Pediatrics A Hubert, Kristin, MD Pediatrics C Levy, Jennifer, MD Pediatrics C Anna M. Roth, R.N., M.S., M.P.H. Health Services Director Samir B. Shah, M.D., F.A.C.S Chief Executive Officer Contra Costa County Regional Medical Center and Health Centers Contra Costa Health Services CONTRA COSTA REGIONAL MEDICAL CENTER AND HEALTH CENTERS 2500 Alhambra Avenue Martinez, California 94553-3156 Ph. 925-370-5000 Credentials Committee Recommendations 3/21/2023 1 Cole, Katherine, DO Psychiatry/Psychology A Ruiz, Mary Beth, PHD Psychiatry/Psychology A Berguer, Ramon, MD Surgery A Sinha, Nanda, MD Surgery A D. Biennial Renewal of Privileges Provider Department Staff Category Berg, Catherine, MD DFAM AFF Pierson-Brown, Leigh, NP Pediatircs AFF E. Biennial Reappointments for Teleradiologists (vRad) Provider Department Nicell, Donald, MD Diagnostic Imaging F. Voluntary Resignation Provider Department Cavallaro, Grace, MD OB/GYN Feierabend, Susan, MD OB/GYN Miller, Robert, MD Diagnostic Imaging Mutter, Bettina, MD Psychiatry/Psychology O'Neal, Erica, MD Psychiatry/Psychology Wille, Mark, MD Internal Medicine Credentials Committee Recommendations 3/21/2023 2 RECOMMENDATION(S): APPROVE the new medical staff, affiliates and tele-radiologist appointments and reappointments, additional privileges, medical staff advancement, and voluntary resignations as recommended by the Medical Staff Executive Committee, at their March 20, 2023 meeting, and by the Health Services Director. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of Supervisors approval for each Medical Staff member be placed in his or her Credentials File. The above recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee at their March 20, 2023 meeting. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and not be in compliance with The Joint Commission on Accreditation of Healthcare Organizations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Soleimanieh, 925-370-5182 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.105 To:Board of Supervisors From:Anna Roth, Health Services Director Date:April 4, 2023 Contra Costa County Subject:Medical Staff Appointments and Reappointments - March 1, 2023 ATTACHMENTS March List RECOMMENDATION(S): APPROVE amended list of designated positions for the Conflict of Interest Code for the Clerk-Recorder-Elections Department ("Department"). FISCAL IMPACT: None. BACKGROUND: The Department has amended the list of designated positions in its Conflict of Interest Code and submitted the revised list, attached as Exhibit A, to the Board for approval pursuant to Government Code sections 87306 and 87306.5. The changes include the addition and deletion of positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the Department. A red-lined version of the list of designated positions is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/04/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor ABSENT:Ken Carlson, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kurtis C. Keller, Deputy County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 4, 2023 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Kurtis C. Keller, Deputy County Counsel, Monica Nino, Clerk of the Board of Supervisors, Kristin B. Connelly, Clerk-Recorder C.106 To:Board of Supervisors From:Thomas L. Geiger, Chief Assistant County Counsel Date:April 4, 2023 Contra Costa County Subject:Conflict of Interest Code for the Clerk-Recorder-Elections Department ATTACHMENTS Exhibit A - Conflict of Interest Code of the Clerk-Recorder-Elections Department - Designated Positions Exhibit B - Conflict of Interest Code of the Clerk-Recorder-Elections Department - Designated Positions - REDLINED