HomeMy WebLinkAboutAGENDA - 09122023 - BOS Annotated Agenda (2)Tuesday, September 12, 2023
9:00 AM
CONTRA COSTA COUNTY
BOARD CHAMBERS, 1025 ESCOBAR STREET
MARTINEZ, CA 94553
AGENDA
BOARD OF SUPERVISORS
Supervisor John Gioia, District I
Supervisor Candace Andersen, District II
Supervisor Diane Burgis, District III
Supervisor Ken Carlson, District IV
Supervisor Federal D. Glover, District V
1
BOARD OF SUPERVISORS AGENDA September 12, 2023
The public may attend the Board meeting in person and remotely via call-in or Zoom. 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. Meetings of the Board are closed-captioned in real time.
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. Persons
who wish to address the Board in person should complete the form provided for that purpose. 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. A Spanish language interpreter is available to assist Spanish-speaking callers.
Public comments generally will be limited to two minutes per speaker. 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. Your patience is appreciated.
A lunch break or closed session may be called at the discretion of the Board Chair. Staff reports related to open
session items on the agenda are also accessible online at www.contracosta.ca.gov.
1.CALL TO ORDER; ROLL CALL
2.PLEDGE OF ALLEGIANCE
3.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))
1.Imara Duarte v. Contra Costa County, WCAB No. ADJ13737035
C.CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): [One potential case.]
1.Claim of S.B.
3.a.BOS S.B. Government Claim for 9-12-2023.23-300
3 BOS S.B. Government Claim for 9.12.23.pdfAttachments:
Page 1 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
Inspirational Thought- "If we learn nothing else from this tragedy, we learn that life is short and there is no time
for hate." ~Sandy Dahl, wife of United Flight 93 Pilot Jason Dahl
4.CONSIDER CONSENT ITEMS
(Items listed as C.1 through C.103 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
PR.1.PRESENTATION recognizing the 9th Annual International Girls in Aviation Day on September 23 ,
2023. (Supervisors Burgis and Carlson)
PR.2.PRESENTATION proclaiming September 2023 as Intergenerational Month. (Marla Stuart, Employment
and Human Services Director)
DISCUSSION ITEMS
D.1.HEARING on the itemized costs of abatement for property in
unincorporated Contra Costa County, located at 1704 1st Street,
Richmond, California (Denise V. Green, Owner). (Jason Crapo,
Conservation and Development Department)
23-287
Itemized Abatement Costs - 0418 CERV23-00001 1704 1st St
Richmond
0418 - CERV23-00001 1704 1st St Richmond CA
Attachments:
D.2.RECEIVE an update of the Employment Human Services Department’s
2023 Anti-Human Trafficking efforts in Contra Costa County, as
recommended by the Family and Human Services Committee. (Mélody
Saint-Saëns and Corinna Espino, Employment and Human Services
Department)
23-288
PDF Human Trafficking Update BoSAttachments:
D.3.CONSIDER authorizing the County Administrator, or designee, to
approve rates and the County’s contributions for insurance with the
NonPERS Medical, Dental, Vision, Computer Vision Care Program and
Life Insurance Plan carriers for the period of January 1, 2024 - December
31, 2024 (Anthony Phillip, Human Resources Department.)
23-375
Attachment 1_2024 NonPERS Renewal Rates.pdf
Attachment 2_ 2024 Sample Rate Sheet.pdf
Attachments:
D.4.CONSIDER adopting Resolution No.23-555 regarding salary increases for
unrepresented fire safety management classifications in the Contra Costa
County Fire Protection District, as recommended by the County
Administrator. (David Sanford, Chief of Labor Relations).
RES 23-555
Page 2 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
D.5.CONSIDER adopting Resolution No. 23-538 which supersedes Resolution
No. 2022/264, regarding compensation and benefits for unrepresented fire
safety management classifications in the Contra Costa County Fire
Protection District, as recommended by the Fire Chief (David Sanford,
Chief of Labor Relations).
RES 23-538
Fire Management Resolution Attachment.pdfAttachments:
5.CONSIDER Consent Items previously removed.
6.PUBLIC COMMENT (2 Minutes/Speaker)
7.CONSIDER reports of Board members.
ADJOURN in memory of Dr. Karen Wilson of San Ramon; Leo Fontana, Antioch Citizen of the Year recipient;
Sandy Falk, Local One Board member
8.CONSENT CALENDAR
Airports
C.1.APPROVE and AUTHORIZE the Director of Airports, or designee, to
execute a month-to-month hangar rental agreement with Dane
Quatacker, for a north-facing hangar at Buchanan Field Airport
effective August 17, 2023, in the monthly amount of $380, Pacheco
area (100% Airport Enterprise Fund).
23-289
Hangar Rental Agmt pg 4-5 CCR C-13Attachments:
C.2.APPROVE and AUTHORIZE the Director of Airports, or designee, to
execute a month-to-month hangar rental agreement with Luis Sabillon,
for a north-facing hangar at Buchanan Field Airport effective August
29, 2023, in the monthly amount of $380, Pacheco area (100% Airport
Enterprise Fund).
23-290
Hangar Rental Agmt pg 4-5 CCR AA-1Attachments:
Agriculture/Weights and Measures
C.3.APPROVE and AUTHORIZE the Agricultural Commissioner, or
designee, to execute a contract with the California Department of Food
and Agriculture to reimburse the County in an amount not to exceed
$42,421 to perform strategic weed control and eradication for the
period July 1, 2023, through June 30, 2025. (100% State Funds)
23-291
Page 3 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.4.APPROVE and AUTHORIZE the Agricultural Commissioner, or
designee, to execute a contract with the California Department of Food
and Agriculture in an amount not to exceed $3,575 to reimburse the
County for inspections to ensure compliance with the California
Organic Program for the period of July 1, 2023, through June 30, 2024.
(100% State Funds)
23-292
C.5.APPROVE and AUTHORIZE the Agricultural Commissioner, or
designee, to execute a contract with the California Department of Food
and Agriculture in an amount not to exceed $2,403 to reimburse the
County for plant nursery inspections and related enforcement activities
for the period July 1, 2023, through June 30, 2024. (100% State Funds)
23-293
Auditor-Controller
C.6.ADOPT the fiscal year 2023-24 secured property tax rate,
AUTHORIZE the levy of these rates against the taxable secured
property within the County, as recommended by the
Auditor-Controller.
23-367
Exhibit A.pdf
Exhibit B.pdf
Attachments:
Clerk of the Board
C.7.ADOPT Resolution No. 23-542 proclaiming September 2023 as
Intergenerational Month, as recommended by the Employment and
Human Services Director.
RES 23-542
C.8.ADOPT Resolution No. 23-539 recognizing Steve Linsley for his
years as a volunteer to Contra Costa County on the Hazardous
Materials Commission, as recommended by the Health Services
Director.
RES 23-539
C.9.ADOPT Resolution No. 23-540 recognizing Marj Leeds for her years
as a volunteer to Contra Costa County on the Hazardous Materials
Commission, as recommended by the Health Services Director.
RES 23-540
C.10.ADOPT Resolution No. 23-541 recognizing the 9th Annual
International Girls in Aviation Day, as recommended by Supervisor
Burgis & Supervisor Carlson.
RES 23-541
C.11.ACCEPT Board members meeting reports for August 2023.23-294
District II August 2023 Report
District IV August 2023 Report
District III August 2023 Report
Attachments:
Page 4 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.12.ACCEPT the resignation of Carolyn Wysinger from the Library
Commission, DECLARE a vacancy in the District 1 alternate seat, and
DIRECT the Clerk of the Board to post the vacancy.
23-295
C.13.APPOINT Dina Holder as Inspector, and Mike Alvarez and Kevin
Vornhagen as Judges of Election to compose the election board for the
Board of Trustees of Reclamation District 799 (Hotchkiss Tract)
November 14, 2023 mail-ballot election, as recommended by the
County Administrator.
23-296
Reclamation District 799.pdfAttachments:
C.14.APPOINT Vanessa Rogers to the At-Large Member 1 Seat and
Sadhika Pendyala to the At-Large 6 Seat on the Alcohol and Other
Drugs Advisory Board for terms ending June 30, 2026 and June 30,
2025, respectively, as recommended by the Health Services Director .
23-368
Application - Rogers, Vanessa
Application - Pendyala, Sadhika
Letter of Support - Pendyala, Sadhika.pdf
Letter of Support - Rogers, Vanessa
Attachments:
C.15.APPOINT Jeffrey Geddes to the District 3 Seat on the Aviation
Advisory Committee to a term expiring February 28, 2024, as
recommended by Supervisor Burgis.
23-297
C.16.REAPPOINT Nazanin Shakerin and Kathy Chang to the Regional
Measure 3 Independent Oversight Committee for a term ending on
June 30, 2027, as recommended by the Transportation, Water, and
Infrastructure Committee.
23-298
Nazanin Shakerin - Application & Resume
Kathy Chang - Application & Resume
Attachments:
C.17.REASSIGN Thomas Lang from the At-Large Alternate #4 seat to the
Member-at-Large #1 seat changing the term ending date to September
30, 2024, as recommended by the Advisory Council on Aging.
23-299
Conservation & Development
C.18.ADOPT Resolution No. 23-553, approving the County’s participation
in the Green Empowerment Zone for the Northern Waterfront Areas of
Contra Costa County; APPROVE and AUTHORIZE the Conservation
and Development Director, or designee, to execute a contract with the
Governor's Office of Business and Economic Development (GO-Biz)
in an amount not to exceed $5,000,000 to compensate the County for
providing administrative and other support services for the Green
Empowerment Zone for the period July 1, 2023 through June 30, 2026.
(No required match)
RES 23-553
Page 5 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.19.APPROVE and AUTHORIZE the Conservation and Development
Director, or designee, to execute a contract amendment with First
Carbon Solutions, to extend the term from September 15, 2023
through September 14, 2025 with no change to the payment limit, to
continue providing on-call environmental services, Countywide .
(100% applicant funded)
23-301
C.20.ADOPT report prepared by the Department of Conservation and
Development as the Board of Supervisors' response to Contra Costa
Civil Grand Jury Report No. 2306, entitled “Affordable Housing – A
Plan Without a Home”, and DIRECT the Clerk of the Board to
transmit the Board's response to the Superior Court no later than
September 18, 2023, as recommended by the County Administrator.
(No fiscal impact)
23-369
Civil Grand Jury Report 2306 on Affordable Housing Targets
Recommended Response to Civil Grand Jury Report 2306 re
Affordable Housing Targets
Attachments:
County Administration
C.21.ADOPT Resolution No. 23-554, which supersedes Resolution No.
2022/280, regarding compensation and benefits for unrepresented
County employees, as recommended by the County Administrator.
RES 23-554
2023 Management Benefits Resolution.pdfAttachments:
C.22.RECEIVE notice of adjustment in compensation paid to members of
the Board of Supervisors, showing a 0.53% percent salary increase for
Board members effective July 1, 2023, as required by Ordinance
2019-11. (100% General Fund)
23-302
Judicial Pay Letter - eff 7.1.23.pdfAttachments:
C.23.ADOPT Resolution No. 23-543 updating and reaffirming the County
Debt Management Policy, as recommended by the County
Administrator.
RES 23-543
2023 Debt Management Policy to BOS 9-12-23.pdfAttachments:
C.24.ADOPT Bylaws for the Measure X Community Fiscal Oversight
Committee
23-370
Measure X Community Fiscal Oversight Committee BylawsAttachments:
C.25.ADOPT Resolution No. 23-544, which establishes retirement plan
contribution rates as approved by the Retirement Board for the period
July 1, 2024 through June 30, 2025.
RES 23-544
CCCERA Contribution Rate Packet FY24-25Attachments:
Page 6 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
County Counsel
C.26.APPROVE and AUTHORIZE the County Counsel, or designee, to
execute on behalf of the County, an amendment with Baker & O'Brien,
Inc., to increase the payment limit by $100,000, to a new payment limit
of $700,000, with no change to the term, to provide refining industry
analyses in connection with refinery property tax appeals .
23-303
District Attorney
C.27.RATIFY the District Attorney's Office execution of a vehicle donation
agreement, with the National Insurance Crime Bureau, to accept a
vehicle with an estimated value of $85,013. (100% Federal)
23-371
Permanent Donation Agreement 2018 Jeep Cherokee.pdf
KBB 2018 Jeep Grand Cherokee.pdf
Attachments:
Employment & Human Services
C.28.ADOPT Resolution No. 23-545 to approve and authorize the
Employment and Human Services Director, or designee, to accept
funding from, and execute contract MI-2324-07 with, the California
Department of Aging in an amount not to exceed $68,938 to provide
Medicare Improvement for Patients and Providers Act services for the
period September 1, 2023 through August 31, 2024. (100% Federal)
RES 23-545
C.29.ACCEPT status report on CalFresh participation, updates on the
CalFresh benefit enhancements and expansions, as well as outreach
efforts, as recommended by the Family and Human Services
Committee. (No fiscal impact)
23-304
2023 FHS CalFresh PresentationAttachments:
Health Services
C.30.CONTINUE the emergency action originally taken by the Board of
Supervisors on November 16, 1999, and most recently approved by the
Board on July 11, 2023 regarding the issue of homelessness in Contra
Costa County, as recommended by the Health Services Director. (No
fiscal impact)
23-305
C.31.ADOPT Resolution No. 23-546 making a new designation to include
the Contra Costa Youth Stabilization Unit as a facility designated for
involuntary detention as well as to add additional qualified mental
health professionals as personnel authorized to involuntarily detain
persons in order to provide evaluation and treatment services as
required under Welfare and Institutions Code Section 5000 et. Seq.,
and the Lanterman-Petris Short Act, as recommended by the Health
Services Director. (No fiscal impact)
RES 23-546
Page 7 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.32.APPROVE and AUTHORIZE the Auditor-Controller, or designee, to
pay an amount not to exceed $326,305 to Bay Area Community
Services, Inc., for the provision of interim housing at the Delta
Landing Interim Housing Program for homeless adults during the
period of May through June 2023, as recommended by the Health
Services Director. (100% Project Roomkey California)
23-306
C.33.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute an extension agreement with the California
Department of Public Health, to extend the term date from December
31, 2023 to May 31, 2024 with no change in the amount payable to the
County of $396,014 for continuation of the Enhance Integration: Guide
to HIV Prevention and Surveillance Project. (No County match)
23-307
C.34.APPROVE and AUTHORIZE the Health Services Director, or
designee, to accept a grant award from the Department of Health Care
Services, Children's Medical Services, to pay the County an amount
not to exceed $1,368,536 for the Child Health and Disability
Prevention, Health Care Program for children in foster care including
psychotropic medication management and monitoring oversight
activities for the period July 1, 2023 through June 30, 2024. (86%
State, 14% County match)
23-308
C.35.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a novation contract with People Who Care
Children Association, in an amount not to exceed $389,542 to provide
mental health services act prevention and early intervention services to
at-risk youth of East Contra Costa County for the period July 1, 2023
through June 30, 2024. (100% Mental Health Services Act)
23-309
C.36.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a novation contract with Lao Family Community
Development, Inc., in an amount not to exceed $216,395 to provide
Mental Health Services Act prevention and early intervention services
for diverse refugee, immigrant, limited English and low income U.S.
-born community members in Contra Costa County for the period July
1, 2023 through June 30, 2024. (100% Mental Health Services Act)
23-310
C.37.APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
purchase, on behalf of the Health Services Director, 500 Albertsons
gift cards for a total amount not to exceed $14,250 to be used as
incentives for consumer participation in Mental Health Services
Act-Prop 63 planning processes. (100% Mental Health Services
Act-Prop 63 Funding)
23-372
Page 8 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.38.APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
purchase, on behalf of the Health Services Director, 60 County
Connection day passes at $3.75 each and 10 Tri Delta Transit booklets
at $27.50 each for a total amount not to exceed $500 for medically
fragile children served by the California Children’s Services program,
for the period of September 15, 2023 through June 30, 2024. (78.6%
Federal, 12.5% State, 8.9% General Fund)
23-373
C.39.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Bi-Bett, in an amount not to
exceed $5,223,727 to provide substance use disorder prevention,
treatment and detoxification services for Contra Costa County
residents for the period July 1, 2023 through June 30, 2024. (72%
Federal Medi-Cal, 23% Substance Abuse Treatment and Prevention
Block Grant, 4% AB 109, 1% Early and Periodic Screening, Diagnosis
and Treatment)
23-311
C.40.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with STAT MED, P .C., (dba STAT
Med Urgent Care) in an amount not to exceed $4,500,000 to provide
primary care physician urgent medical care services for Contra Costa
Health Plan members for the period October 1, 2023 through
September 30, 2025. (100% Contra Costa Health Plan Enterprise Fund
II)
23-312
C.41.APPROVE the new medical staff, affiliates and tele-radiologist
appointments and reappointments, additional privileges, medical staff
advancement, and voluntary resignations; and APPROVE updated
Cardiology Clinical Privileges, new Nurse Practitioner Clinical
Privileges and new Physician Assistant Clinical Privileges as
recommend by the Medical Staff Executive Committee at their August
21, 2023 meeting, and by the Health Services Director.
23-313
August List
Cardiology Clinical Privileges
Nurse Practitioner Clinic Privileges
Physician Assistant Clinical Privileges
Attachments:
C.42.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with Amarjit Dosanjh,
M.D., a Medical Corporation (dba Muir Plastic Surgery), to increase
the payment limit by $580,000 to a new payment limit not to exceed
$3,080,000 to provide additional plastic and hand surgery services at
Contra Costa Regional Medical Center and Health Centers with no
change in the term ending January 31, 2024. (100% Hospital
Enterprise Fund I)
23-314
Page 9 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.43.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Aspen Surgery Center, LLC, in an
amount not to exceed $3,000,000 to provide ambulatory surgery center
services to Contra Costa Health Plan members and county recipients
for the period October 1, 2023 through September 30, 2024. (100%
Contra Costa Health Plan Enterprise Fund II)
23-315
C.44.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute contract amendment #74-315-26 with EMBRACE
, a non-profit corporation, effective July 1, 2023, to increase the
payment limit by $1,573,593 to a new payment limit of $3,626,018, to
provide additional therapeutic behavioral services and outpatient
mental health services with no change in the term ending June 30,
2024. (100% Early and Periodic Screening and Diagnostic Treatment
Fund)
23-374
C.45.APPROVE and AUTHORIZE the Auditor-Controller, or designee, to
pay an amount not to exceed $351,761 to Health Care Interpreter
Network, for providing qualified foreign language and sign language
interpretation services via video conferencing for the period January
through June 2023, as recommended by the Health Services Director .
(100% Hospital Enterprise Fund I)
23-316
C.46.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with the City of Antioch for its Housing
Authority Successor Agency, to pay the County an amount not to
exceed $30,000 to provide homeless outreach services under the
Coordinated Outreach, Referral and Engagement Program for the
period July 1, 2022 through June 30, 2023. (No County match)
23-317
C.47.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with Denis J. Mahar, M .D.,
effective September 1, 2023, to increase the payment limit by
$214,000 to a new payment limit of $2,160,000, to provide additional
cardiology services at Contra Costa Regional Medical Center and
Health Centers with no change in the term ending September 30, 2025.
(100% Hospital Enterprise Fund I)
23-318
C.48.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with Rawel S. Randhawa,
M.D., effective September 1, 2023, to increase the payment limit by
$250,000 to a new payment limit of $400,000, to provide additional
gastroenterology services at Contra Costa Regional Medical Center
and Health Centers with no change in the term March 1, 2023 through
February 28, 2025. (100% Hospital Enterprise Fund I)
23-319
Page 10 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.49.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a novation contract with West Contra Costa
Unified School District, in an amount not to exceed $749,268 to
provide Mental Health Medi-Cal Specialty Provider services to
severely emotionally disturbed children in West Contra Costa County
for the period July 1, 2023 through June 30, 2024. (100% Federal
Medi-Cal)
23-346
C.50.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Gregory Barme, M .D., in an
amount not to exceed $300,000 to provide urology services at Contra
Costa Regional Medical Center and Health Centers for the period
September 1, 2023 through August 31, 2024. (100% Hospital
Enterprise Fund I)
23-320
C.51.APPROVE the list of providers recommended by Contra Costa Health
Plan's Peer Review Credentialing Committee and the Health Services
Director on August 22, 2023, as required by the State Departments of
Health Care Services and Managed Health Care, and the Centers for
Medicare and Medicaid Services. (No fiscal impact)
23-321
August 22, 2023 - Provider ListAttachments:
C.52.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a participation agreement with the California
Mental Health Services Authority, to pay the California Mental Health
Services Authority an amount not to exceed $234,000 to act as the
fiscal and administrative agent to provide support and technical
assistance for the Statewide Prevention Early Intervention Program for
the period July 1, 2023 through June 30, 2026. (100% Mental Health
Services Act)
23-322
C.53.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Food Bank of Contra Costa and
Solano, to provide coordination and delivery services of fresh produce
to County Woman, Infant and Children program participants and other
low-income families in Concord effective upon Board approval until
terminated with a 30-day notice by either party. (Non-financial
agreement)
23-323
C.54.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Crestwood Behavioral Health,
Inc., in an amount not to exceed $4,647,844 to provide sub-acute
skilled nursing care services for the period July 1, 2023 through June
30, 2024. (100% Mental Health Realignment)
23-324
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.55.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with Focus Strategies, to
increase the payment limit by $75,000 to a new payment limit of
$268,385 for additional consultation and technical assistance to the
Health, Housing and Homeless Services Division with no change in
the term July 1, 2021 through December 31, 2023. (76% Homeless,
Housing and Assistance Prevention, 24% Measure X funds)
23-325
C.56.APPROVE and AUTHORIZE the Purchasing Agent ,or designee, to
purchase, on behalf of the Health Services Director, 4,000 County
Connection LINK Paratransit bus tickets at $5 each for a total amount
not to exceed $20,000 for members of the Contra Costa Health Plan.
(100% Contra Costa Health Plan Enterprise Fund II)
23-341
C.57.APPROVE and AUTHORIZE the Health Services Director, or
designee, to accept an amended grant award from with the U.S.
Environmental Protection Agency, to extend the term date from
November 30, 2023 to May 31, 2024, with no change in the amount
payable to the County not to exceed $200,000 for the State
Environmental Justice Cooperative Agreement Program –
Train-the-Trainer Health Promoter Program. (No County match)
23-326
C.58.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with the State of
California, Department of Health Care Services, to update language to
meet state requirements with no change in the original amount payable
not to exceed $317,472,000 or term ending December 31, 2023. (No
County match)
23-342
C.59.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with The Justice
Collective, LLC, to increase the payment limit by $47,000 to a new
payment limit of $247,000 and extend the term date from December
31, 2023 to March 31, 2024, for additional consultation, training, data
analytics and technical support regarding development of equity
efforts, initiatives and policies for the Health Services Department .
(100% Hospital Enterprise Fund I)
23-343
C.60.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Canto Software, Inc., in an amount
not to exceed $40,000 to provide digital asset management software
for Contra Costa Health Services Communication Office for the period
September 25, 2023 through September 24, 2025. (100% American
Rescue Plan Act)
23-344
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.61.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with Mountain Valley
Child and Family Services, Inc., effective September 1, 2023, to
decrease the payment limit by $2,813,362 to a new payment limit of
$1,951,679, with no change in the term ending June 30, 2024. (90%
Federal Financial Participation; 10% Mental Health Services Act)
23-345
C.62.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a novation contract with West Contra Costa
Unified School District, in an amount not to exceed $749,268 to
provide Mental Health Medi-Cal Specialty Provider services to
severely emotionally disturbed children in West Contra Costa County
for the period July 1, 2023 through June 30, 2024. (100% Federal
Medi-Cal)
23-346
C.63.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Stanford Health Center (dba SHC
Reference Laboratory), in the amount of $5,000 to provide outside
clinical laboratory services at Contra Costa Regional Medical Center
and Contra Health Centers for the period July 1, 2023 through June 30,
2024. (100% Hospital Enterprise Fund I)
23-347
C.64.APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Symplr Care Management, LLC,
in an amount not to exceed $900,000 to provide credentialing support
regarding health care operations for Contra Costa Health Plan for the
period September 1, 2023 through August 31, 2026. (100% Contra
Costa Health Plan Enterprise Fund II)
23-348
Human Resources
C.65.ADOPT Position Adjustment Resolution 26173 to add one
Departmental Community and Media Relations Coordinator and
cancel one Program/Projects Coordinator (represented) in the
Probation Department. (Cost savings)
23-327
P300 No. 26173 ProbationAttachments:
C.66.APPROVE clarification of Board Action of August 1, 2023 (C.31),
which reallocated the pay for fire emergency vehicle technicians and
the Fire Apparatus Service Coordinator classifications to reflect the
appropriate starting monthly pay rate. (No fiscal impact)
23-392
P300 (Fire Series Salary Reallocation).docxAttachments:
Library
Page 13 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.67.ADOPT Resolution No. 23-547 revising the operating hours for
Contra Costa County Library Rodeo Branch, to increase the
County-funded base hours open to the public from 23 to 24 hours per
week, as recommended by the County Librarian. (100% Library Fund)
RES 23-547
TABLE A ATTACHMENT Sep 12, 2023Attachments:
C.68.APPROVE and AUTHORIZE the County Librarian, or designee, to
execute a contract with the Contra Costa County Office of Education
for the purpose of connecting students and staff in public schools in
Contra Costa County with Library resources and services. (No fiscal
impact)
23-328
Probation/Reentry and Justice
C.69.APPROVE and AUTHORIZE the Purchasing Agent to execute, on
behalf of the County Probation Officer, a purchase order with
Blackhawk Network Inc, in an amount not to exceed $5,000 to procure
Target, Walmart, Uber, and Amazon gift cards, to provide stabilization
support for juvenile Probation clients. (100% State)
23-329
C.70.APPROVE and AUTHORIZE the County Probation Officer to apply
for and accept grant funding in an amount not to exceed $412,000
from the California Office of Traffic Safety, for intensive probation
supervisions for high-risk Driving Under the Influence (DUI) offenders
with multiple DUI convictions, for the period October 1, 2023 through
September 30, 2024. (100% State)
RES 23-548
Public Works
C.71.ADOPT Resolution No. 23-549 ratifying the prior decision of the
Public Works Director, or designee, to fully close a portion of
Blackwood Drive between Murwood Drive and Solveig Drive, and all
of Murwood Drive, Solveig Drive, Carrol Road, and Ward Drive, on
August 14, 2023 through January 15, 2024 from 7:00 a.m. through
5:30 p.m., for an infrastructure renewal project, Walnut Creek area .
(No fiscal Impact)
RES 23-549
C.72.ADOPT Resolution No. 23-550 approving and authorizing the Public
Works Director, or designee, to fully close a portion of Alpine Road,
on October 11, 2023, from 8:30 a.m. through 4:00 p.m., for the
purpose of a utility pole replacement, San Pablo area. (No fiscal
impact)
RES 23-550
Page 14 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.73.ADOPT Resolution No. 23-551 approving and authorizing the Public
Works Director, or designee, to fully close a portion of Alexander
Street, on September 29, 2023, from 8:30 a.m. through 4:00 p.m., for
the purpose of a utility pole replacement, Crockett area. (No fiscal
impact)
RES 23-551
C.74.ADOPT Resolution No. 23-552 ratifying the prior decision of the
Public Works Director, or designee, to fully close a portion of 2nd
Street between Parker Avenue and John Street, on August 26, 2023
from 10:00 a.m. through 5:00 p.m., for the purpose of Back to School
Community Block Party, Rodeo area. (No fiscal impact)
RES 23-552
C.75.APPROVE and RATIFY the Public Works Director’s prior submittal
of a Rural and Tribal Assistance Pilot Program funding application in
the amount of $320,000 to the Department of Transportation for the
Vasco Road Corridor Safety Improvements Project, Byron area .
(100% Federal Funds)
23-330
C.76.APPROVE and AUTHORIZE the Public Works Director to execute,
on behalf of the County, a real property services agreement with the
Solano Transportation Authority to provide right of way services for
the Westbound I-80 Cordelia Commercial Vehicle Enforcement
Facility Project in an amount not to exceed $125,000, effective July 1,
2023. (100% Solano Transportation Authority funds)
23-331
Real Prop Services Agm_Solano 2023 -V_2 Final 8-10-23.docxAttachments:
C.77.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a contract amendment with Consor PMCM, Inc., effective
September 12, 2023, to confirm and consent to Consor PMCM, Inc.
becoming the party to the contract, with no change to the original
payment limit of $350,000 and the term September 21, 2021 through
September 30, 2024, for on-call construction management consulting
services, Countywide. (No fiscal impact)
23-365
Consor Amendment #1 CSA-9.pdfAttachments:
C.78.APPROVE the Environmentally Preferable Purchasing Policy as
recommended by the Sustainability Committee, Countywide
23-332
CCC Environmentally Preferable Purchasing Policy 2023 Final
9-12-23
Attachments:
Page 15 of 22
16
BOARD OF SUPERVISORS AGENDA September 12, 2023
C.79.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 1,381
square feet of office space located at 1320 Arnold Drive, Suites 162
and 167, in Martinez, for a five-year term with renewal options, with
an initial annual rent of $30,658, and annual increases thereafter, as
requested by the Health Services Department (100% Enterprise 1
Funds)
23-333
1320 Arnold Dr, Ste 162 & 167 - 2023 Lease - V2Attachments:
C.80.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 2,515
square feet of office space located at 1320 Arnold Drive, Suite 163, in
Martinez, for a five-year term with renewal options, with an initial
annual rent of $57,342, and annual increases thereafter, as requested by
the Health Services Department (100% Enterprise 1 Funds)
23-366
1320 Arnold Dr, Ste 163 - 2023 Lease - V2Attachments:
C.81.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 3,185
square feet of office space located at 1340 Arnold Drive, Suite 225, in
Martinez, for a five-year term with two two-year renewal options, with
an initial annual rent of $72,618, and annual increases thereafter, as
requested by the Health Services Department (100% General Fund)
23-334
1340 Arnold Dr, Ste 225- 2023 Lease - V2Attachments:
C.82.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 2,094
square feet of office space located at 1340 Arnold Drive, Suite 125, in
Martinez, for a five-year term with two two-year renewal options, with
an initial annual rent of $47,743, with annual increases thereafter, as
requested by the Health Services Department, Contra Costa Health
Plan – Enhanced Care Management. (100% Health Services Health
Plan - Enterprise Fund II)
23-335
1340 Arnold Dr, Ste 125 - 2023 Lease - V3Attachments:
C.83.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 474 square
feet of office space located at 1340 Arnold Drive, Suite 235, in
Martinez, for a five-year term with two-year renewal options, with an
initial annual rent of $10,807, and annual increases, thereafter, as
requested by the Health Services Department. (100% Mental Health
Services Act Funds)
23-336
09.12.23 - 1340 Arnold Dr Ste 235.pdfAttachments:
Page 16 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.84.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 4,571
square feet of office space located at 1340 Arnold Drive, Suite 126, in
Martinez, for a five-year term with renewal options, with an initial
annual rent of $104,219, and annual increases thereafter, as requested
by the Health Services Department (100% General Fund)
23-337
1340 Arnold Dr, Ste 126- 2023 Lease - V2Attachments:
C.85.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 562 square
feet of office space located at 1340 Arnold Drive, Suite 120 in
Martinez, for a five-year term with two two-year renewal options, with
an initial annual rent of $12,814, and annual increases thereafter, as
requested by the Health Services Department (100% Enterprise 1
Funds)
23-338
1340 Arnold Dr Ste 120 (Lease).pdfAttachments:
C.86.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 2,591
square feet of office space located at 1350 Arnold Drive, Suite 202 in
Martinez, for a five-year term with two two-year renewal options, with
an initial annual rent of $59,075, and annual increases thereafter, as
requested by the Health Services Department (100% Realignment
Funds)
23-339
Lease for 1350 Arnold Dr, Ste 202.pdfAttachments:
C.87.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 1,949
square feet of office space located at 1340 Arnold Drive, Suite 227 in
Martinez, for a five-year term with two two-year renewal options, with
an initial annual rent of $44,437, and annual increases thereafter, as
requested by the Health Services Department (100% Enterprise 1
Funds)
23-340
Lease for 1340 Arnold Dr Ste 227.pdfAttachments:
C.88.APPROVE and AUTHORIZE the Public Works Director to exercise
the option to purchase the real property located at 2523 El Portal
Drive, San Pablo, for $3,445,000, for the operation of a mental health
urgent care facility and a therapeutic residential facility, as
recommended by the Health Services Director. (100% Mental Health
Services Act funds)
23-349
CP#23-17 NOE Property Acquisition-2523 El Portal-SignedAttachments:
Page 17 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.89.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a contract amendment with Helix Environmental Planning
Inc., to change the contract from On-Call Environmental Services,
Countywide to a project-specific contract for Environmental Services -
Task Order 19 Completion; and, to extend the termination date from
September 14, 2023 to the new termination date of upon completion of
Task Order No. 19, with no change to the payment limit of $550,000,
in order to complete specific environmental services for the Grayson
Creek Desilting Project, Pleasant Hill, Pacheco, and Vine Hill areas .
(100% Zone 3B Funds)
23-350
C.90.APPROVE updates to Recovered Organic Waste Product and
Recycled Paper Procurement Policy to implement state regulations as
recommended by the Public Works Director, Countywide (No fiscal
impact)
23-351
SB1383 Procurement Policy Revised 9.12.2023Attachments:
C.91.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute six on-call contracts with AECOM Technical Services, Inc.,
Dudek, Montrose Environmental Solutions, Inc, Nomad Ecology,
LLC, Sapere Environmental, LLC, and Sequoia Ecological Consulting,
Inc., in the amount of $350,000 each to provide On-Call Biological
Consulting Services for various projects for the period of September
15, 2023 through September 14, 2026, Countywide. (100% Various
Funds).
23-352
C.92.APPROVE the Morgan Territory Road Bridges 5.0 and 5.2
Replacement Project and AUTHORIZE the Public Works Director, or
designee, to advertise the Project, Clayton area. (100% Local Road
Funds)
23-353
CEQAAttachments:
C.93.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a second amendment to a lease with RPE Muir, LLC for
approximately 1,912 square feet of office space located at 1350 Arnold
Drive, Suites 102 and 103, in Martinez, to extend the term for one
year, ending September 31, 2024, with an annual rent of $42,446, as
requested by the Health Services Department. (100% Mental Health
Services Act (MHSA) Realignment Funds)
23-354
1350 Arnold Suite 102_103 Second Amend - V2Attachments:
Page 18 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.94.APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a lease with RPE Muir, LLC for approximately 1,728
square feet of office space located at 1340 Arnold Drive, Suite 229, in
Martinez, for a five-year term with renewal options, with an initial
annual rent of $39,398, and annual increases thereafter, as requested by
the Health Services Department (100% Enterprise Hospital I Funds)
23-355
1340 Arnold Dr, Ste 229- 2023 Lease - V2Attachments:
C.95.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).
23-356
Surplus Vehicles and Equipment.docAttachments:
C.96.APPOINT Dana Trezise Baumann to the position of County Surveyor
– Exempt at Step 5 of the salary range effective September 12, 2023,
as recommended by the Public Works Director.
23-357
Risk Management
C.97.DENY claims filed by Erick Iraheta and Reyna Noel Vasquez. DENY
amended claim filed by Liana Tellez .
23-358
C.98.RATIFY the Director of Risk Management’s execution of a contract
with TCS Risk Management Services, LLC in an amount not to exceed
$1,476,800 to provide ergonomic program support for the period of
July 1, 2023 through June 30, 2024. (100% Workers' Compensation
Internal Service Fund)
23-359
C.99.RATIFY the Director of Risk Management's execution of a contract
amendment with Mobile-Med Health Solutions, Inc. to extend the term
through February 3, 2025 to provide COVID-19 testing and related
services, with no increase in the payment limit. (100% General Fund)
23-360
Sheriff
C.100.APPROVE and AUTHORIZE the Purchasing Agent to execute, on
behalf of the Office of the Sheriff, a purchase order with LC Action
Police Supply in an amount not to exceed $250,000 to replace the
existing firearm platform for the officer training unit. (100% General
Fund)
23-361
Page 19 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
C.101.APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to
execute a contract with Diablo Crime Scene Cleaners, in an amount
not to exceed $1,000,000 for standard crime scene and biological
cleaning services and specialized cleaning services to combat the
spread of respiratory and bloodborne illnesses for the period
September 1, 2023 through August 31, 2024. (100% General Fund)
23-362
C.102.APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to
execute a contract with TriTech Software Systems, a Central Square
Company (formerly Tiburon, Inc.), to increase the payment limit by
$321,176 to a new payment limit of $1,809,302 to provide additional
dispatch and record support with no change to the term date through
September 9, 2024. (81% General Fund, 19% Federal)
23-363
C.103.APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to
apply for and accept the U.S. Department of Justice, FY2023 Edward
Byrne Memorial Justice Assistance Grant in an amount up to $211,081
for support of countywide law enforcement programming for the
period October 1, 2023 through the end of the grant period. (100%
Federal)
23-364
Page 20 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
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.
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.
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.
Page 21 of 22
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BOARD OF SUPERVISORS AGENDA September 12, 2023
BOARD OF SUPERVISORS STANDING COMMITTEES
For more information please visit the Board of Supervisors Standing Committees page here:
https://www.contracosta.ca.gov/8633/Board-of-Supervisors-Standing-Committees
Airport Committee: September 13, 2023 Canceled; Next Meeting December 13, 2023 at 4 p.m.
Equity Committee: September 18, 2023 at 10:30 a.m.
Family and Human Services Committee: September 25, 2023 at 10:30 a.m.
Finance Committee: October 2, 2023 at 8:30 a.m.
Head Start Advisory Committee: September 18, 2023 at 9:00 a.m.
Internal Operations Committee: October 9, 2023 Canceled; Special Meeting October 2, 2023 at 1:00 p.m.
Legislation Committee: October 9, 2023 Canceled; Special Meeting October 2, 2023 at 10:00 a.m.
Los Medanos Healthcare Operations Committee: October 2, 2023 at 1:00 p.m.
Public Protection Committee: October 2, 2023 at 10:30 a.m.
Sustainability Committee: September 18, 2023 at 1:00 p.m.
Transportation, Water and Infrastructure Committee: October 9, 2023 at 9:30 a.m.
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings .
Glossary of Acronyms, Abbreviations, and other Terms
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. For a list of commonly used language that
may appear in oral presentations and written materials associated with Board meetings, please visit
https://www.contracosta.ca.gov/8464/Glossary-of-Agenda-Acronyms .
Page 22 of 22
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-300 Agenda Date:9/19/2023 Agenda #:3.a.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-287 Agenda Date:9/12/2023 Agenda #:D.1.
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:HEARING on the itemized costs of abatement for property in unincorporated Contra Costa
County, located at 1704 1st Street, Richmond, California
RECOMMENDATIONS:
OPEN the hearing of the costs of abating a public nuisance in unincorporated Contra Costa County on the real
property located at 1704 1st Street, Richmond, California, unincorporated Contra Costa County (APN: 409-200
-015).
RECEIVE and CONSIDER the attached itemized report on the abatement costs and any objections thereto
from the property owner or other persons with a legal interest in the property; and CLOSE the hearing.
DETERMINE the cost of all abatement work and all administrative costs to be $11,365.10.
ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors.
ORDER the costs to be specially assessed against the above-reference property and AUTHORIZE the
recordation of a Notice of Abatement Lien.
FISCAL IMPACT:
No net fiscal impact. The costs as determined above will be added to the tax roll as a special assessment on this
property and will be collected at the same time and in the same manner as ordinary County taxes are collected.
BACKGROUND:
Contra Costa County Ordinance Code Article 14-6.4 and California Government Code Section 25845 authorize
the recovery of abatement costs in public nuisance cases, the recordation of a Notice of Abatement Lien, and
inclusion of abatement costs on the tax roll as a special assessment, upon approval of the Board of Supervisors.
The Notice and Order to Abate was posted on the above-referenced property for a trailer, vehicles, a tent, tarps,
households items, garbage and debris and was served on the property owner and all persons known to be in
possession of the property by certified mail on April 10, 2023.
The property owner did not file an appeal of the Notice and Order to Abate. The County Abatement Officer
abated the nuisance on April 25, 2023.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-287 Agenda Date:9/12/2023 Agenda #:D.1.
The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was
sent by first-class mail to the property owner on May 11, 2023. The property owner did not pay the bill within
45 days of the date of mailing.
Notice of this Cost Hearing was sent to the property owner by certified mail by the Clerk of the Board. For
proof of service, see Clerk of the Board at 1025 Escobar St., 1st Floor, Martinez, CA 94553.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the County will not be able to recover costs for abatement on code violations for this property.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
DATE: July 31, 2023
TO: Clerk of the Board
FROM: Department of Conservation & Development
By: Andrew Gomer, Building Inspector I
RE: Itemized Report of Abatement Costs
The following is an itemized report of the costs of abatement for
the below described property pursuant to C.C.C. Ord. Code ' 14-
6.428.
OWNER: Green, Denice V
POSSESSOR: N/A
MORTGAGE HOLDER: N/A
ABATEMENT ORDERED DATE: April 10, 2023
ABATEMENT COMPLETED DATE: May 11, 2023
SITE ADDRESS: 1704 1st St., Richmond, CA 94801
APN#: 409-200-015
PROPERTY DESCRIPTION: Residential
AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428)
ITEM EXPLANATION COST
Notice to Comply (include first 2 inspections) $ 300.00
Site Visits (11 x $150.00 @) $ 1,650.00
Recording Fee $ 17.00
PIRT (Title Search) $ 150.00
Certified Letter & Regular Mailings $ 38.10
Photos $ 10.00
Contractor hired for abatement $ 8,800.00
Final Site Inspection to Confirm Compliance 200.00
Compliance Report and Board Hearing $ 200.00
Total
$ 11,365.10
Abatement costs can be paid at or mailed to Department of
Conservation and Development, Building Inspection Division, 30
Muir Rd., Martinez, CA 94553.
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Richmond, CA 94801
Before Photos
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Richmond, CA 94801
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-288 Agenda Date:9/12/2023 Agenda #:D.2.
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:RECEIVE an update of the Contra Costa County Employment Human Services Department’s
2023 Anti-Human Trafficking Projects.
RECOMMENDATIONS:
ACCEPT the Contra Costa County Employment and Human Services Department’s 2023 Anti-Human
Trafficking Update report.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On January 6, 2015, the Board approved referring oversight to the Family and Human Services Committee
(FHS) on the Family Justice Centers and Commercially Sexually Exploited Children initiatives. This became
FHS Referral No. 111.
On June 8, 2015, November 14, 2016, February 20, 2018, February 25, 2019, July 27, 2020, June 28, 2021, and
June 27, 2022 FHS received and approved annual reports from the Employment and Human Services
Department on the Zero Tolerance for Domestic Violence Initiative, Human Trafficking, Commercially
Sexually Exploited Children, and the Family Justice Centers.
Per the recommendation of the Family and Human Services Committee at its June 26, 2023, meeting, Contra
Costa County Employment and Human Services Department (EHSD) will provide the 2023 Anti-Human
Trafficking Update. The attached presentation will provide the Board of Supervisors with an overview of
human trafficking, as well as highlight EHSD’s efforts in addressing human trafficking through funded and non
-funded activities with other community partners, and collaborating to deliver direct services. The presentation
also includes recent data gathered on human trafficking intervention efforts in Contra Costa County, including a
growing emphasis on labor trafficking, and gives an opportunity to discuss support that is needed.
CONSEQUENCE OF NEGATIVE ACTION:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-288 Agenda Date:9/12/2023 Agenda #:D.2.
The Board of Supervisors will not receive an update on anti-human trafficking efforts happening in Contra
Costa County.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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Mélody Saint-Saëns, Alliance to End Abuse Division Manager
Corinna Espino, CSEC Program Coordinator, Children and Family Services
info@ehsd.cccounty.us | 925-608-4800
Anti-Human Trafficking Update
September 12, 2023
1
51
Outline
•What is Human Trafficking?
•Collaboratives
•Services
•Data
•Motion
2
52
3
What is Human Trafficking?
3
53
What is Human Trafficking?
4
Human Trafficking
Exploitation of a person for the purpose
of compelled labor or commercial sex acts
through force, fraud, coercion, or similar
means (except in cases of sex trafficking
of minors, where compulsion is not
required)
Labor Trafficking
Exploitation of persons, through
force, fraud, or coercion, so they
perform labor or services.
Sex Trafficking
Exploitation of persons through force,
fraud, or coercion so they perform
commercial sex acts.
Adult Sex Trafficking
Sex trafficking of persons age 18 and
older.
Commercial Sexual
Exploitation of
Children/Youth
(CSEC/CSEY)
Sex trafficking of persons under 18
years of age. Use of force, fraud,
coercion, or similar means NOT
required.
54
Know the Story Instead of the Signs
5
•BIPOC
•Immigrants
•LGBTQIA+
•Etc.
Vulnerable people
or groups
•Poverty
•Family dysfunction
•Foster care
•History of trauma/abuse
•Addiction
•Unstable housing
•History of migration & lack of status
•Disability
Risk Factors
•Recruiting & grooming tactics:
Food, shelter, safety, fame or
fortune, affection, sense of
belonging, affection etc.
•Manipulation, power, & control:
Shame, threats to loved ones,
violence, manipulated sense of
worth, isolation, etc.
Traffickers Exploit
Vulnerabilities
Source: Polaris Project, https://polarisproject.org
Knowing the story is about understanding vulnerability, context, and proximity
55
What Can You Do?
6Source: Polaris Project, https://polarisproject.org
Listen and pay attention considering the context and your proximity to the situation
Person(s) Experiencing Human
Trafficking
oProximity:You have some degree of
connection with the situation or relationship
you are witnessing.
oContext:You understand the dynamics
of the situation or relationship you are
witnessing.
YOU
Call for help:
Contra Costa Human Trafficking Tip Line:
(925) 957-8658
National Human Trafficking Hotline:
1-888-373-7888
56
7
Collaboratives
7
57
8
Human
Trafficking
Funded Partners
58
EHSD-Funded Activities
9
FY 2022-23 Funding
Bureau Purpose Organization Amount
Alliance to End Abuse Funding specifically for human
trafficking prevention and intervention
Office of the District Attorney $332,222
Justice at Last $100,000
Alliance to End Abuse Funding for Interpersonal Violence that
includes human trafficking
Bay Area Legal Aid $87,003
Community Violence Solutions $79,909
Family Justice Center $162,240
Public Defender’s Office $257,611
Children and Family
Services
Children’s Interview Center,
CSEC program, and human trafficking
intervention direct services
Community Violence Solutions $312,000
Children and Family
Services Search and recovery services Love Never Fails $120,088
$1,451,073 Total
59
Other EHSD-Linked Collaboratives
10
Human Trafficking Task
Force (HTTF)
A collaborative effort of nearly
40 agencies that provides
direct services to survivors,
holds traffickers accountable,
educates the community and
members, and harnesses data
to support these efforts.
Co-led by:
Human Trafficking
Coalition
An informal body overseen by
the Board of Supervisors since
2009 which shares
information, best practices,
training, and networking
around human trafficking
issues.
Led by:
Human Trafficking Multi-
Disciplinary Team
(HT-MDT)
A collective of 30+ agencies
that plans for and meets
survivor goals for complex or
high-risk human trafficking
cases.
Co-led by:
Commercially Sexually
Exploited Children / Youth
(CSEC/Y) Interagency
Steering Committee
A committee that supports
and guides the work of Contra
Costa County to end CSEC/Y
through identification,
intervention, and education.
Co-led by:
60
11
Services
11
61
EHSD Direct Services
12
Children and Family
Services (CFS) Bureau
Commercially Sexually
Exploited Children (CSEC)
Services Program
Identifies children who are, or at risk of
becoming, victims of commercial sexual
exploitation and determines appropriate
and trauma-informed services
175 children served
from April 2022 to March 2023
Workforce Services
(WFS) Bureau
Trafficking and Crime Victim
Assistance Program (TCVAP)
Provides cash assistance to non-citizen
victims of trafficking
213 individuals served
in FY 2021-22
62
13
Data
13
63
ECM HT* Grant Data: 2019-2021
14Note: ECM stands for Enhanced Collaborative Model.
Data shown is only for survivors served by the ECM grant; not representative of the whole county.
Latest data available is through 2021. Source: CCC ECM Grant Data 2019-2021.
87%
13%
0%
81%
16%
3%
94%
6%
0%
91%
9%
0%
0%
68%
19%
10%
3%
75%
25%
0%
0%
64
Apr 2022 –Mar 2023 CSEC/Y* Data
15*Note: CSEC/Y stands for Commercial Sexual Exploitation of Children/Youth
Source: Child Welfare Services/Case Management System (CWS/CMS)
65
2022 HT MDT* Data
16*Note: HT MDT stands for Human Trafficking Multidisciplinary Team
Source: HT MDT 2022 Report
2 from Unknown location
Cases Reviewed by Location
by Type by Gender
66
Growing Labor Trafficking Emphasis
Labor Trafficking Prosecutor
administrative inspections at
18 suspected illicit
massage
establishments
(IMEs)
17Source: CCC District Attorney’s Office
Outcomes in San Ramon
•Inspections at 4 suspected IMEs
1 permanent closure
1 business sold
2 ongoing investigations
(estimated fines over $2 mil)
•8 HT survivors offered services
67
Survivor Success Stories
18Source: Justice at Last
Male Labor Trafficking Survivor Female Sex Trafficking Survivor
68
19
Motion
19
69
Motion
ACCEPT presentation on Anti-Human Trafficking
20
70
Mélody Saint-Saëns, Alliance to End Abuse Division Manager
Corinna Espino, CSEC Program Coordinator, Children and Family Services
info@ehsd.cccounty.us | 925-608-4800
Anti-Human Trafficking Update
September 12, 2023
21
71
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-375 Agenda Date:9/12/2023 Agenda #:D.3.
To:Board of Supervisors
From:Ann Elliott, Human Resources Director
Report Title:2024 Rate Renewals for NonPERS Health and Welfare Plans
RECOMMENDATIONS:
AUTHORIZE the County Administrator, or designee, to approve rates and the County’s contributions for
insurance with the NonPERS Medical, Dental, Vision, Computer Vision Care Program and Life Insurance Plan
carriers for the period of January 1, 2024 - December 31, 2024.
FISCAL IMPACT:
The premiums for existing Delta Dental PPO,Computer Vision Care,Voluntary Vision plan and the VOYA
Life Insurance plans will not increase for the 2024 plan year.There is a decrease for the DeltaCare HMO plan
by 4.65%.The CCHP plan premiums will increase by 7.52%,Health Net SmartCare HMO Plan A by 17.55%,
Health Net SmartCare HMO Plan B by 10.30%,Health Net PPO plan by 5.00%,Teamsters Local 856 Trust
Kaiser Plan will increase by 5% and Kaiser Plans A, B and HDHP will increase by 4%.
Premiums for active,retired and survivor enrollees are funded by a combination of charges to County
Departments,Special Districts,and employee/retiree/survivor contributions.Projections of the fiscal impact
for 2024 are based on 2023 census data with no adjustment for future migration between plans.The 2024
projected total premium cost for active employees is approximately $143.0 million;the projected total
premium cost for 2023 is expected to reach $135.7 million by year’s end.The currently negotiated cost to the
County is $133.6 million of that total ($122.3 million in 2023).
BACKGROUND:
Insurance coverage is an important benefit and a valuable recruitment and retention tool.To ensure that high
quality insurance is available for eligible Contra Costa County employees and retirees,the County offers
group medical,dental,life insurance,voluntary vision insurance,as well as computer vision care coverage,on
an annual basis with a number of carriers/providers.The County's existing insurance and coverage plans are
for the calendar year and expire December 31, 2023.
To assist the County in negotiating the best possible health care terms for our active and retired employees,the
County contracts with a consultant,who has expertise in public sector employee benefit plan design and rate
structure.All medical insurance plans continue to offer essential medical benefits and coverage compliant with
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:23-375 Agenda Date:9/12/2023 Agenda #:D.3.
structure.All medical insurance plans continue to offer essential medical benefits and coverage compliant with
the requirements of the Affordable Care Act (ACA).
Beginning January 1,2024,the County subsidy,for the majority of employees eligible for NonPERS medical
plans,will be 80%of the second lowest priced non-deductible HMO plan for all tiers (Employee,Employee
+1 and Employee +2 or more).Based on the 2024 proposed rates,Health Net SmartCare HMO B will be used
for subsidy calculations.
Coverage Type Health Net SmartCare
HMO B Premium
% _County Subsidy
Employee Only $1,184.52 80%$947.62
Employee +1 $2,369.04 80%$1895.24
Employee +2/More $3,553.56 80%$2,842.85
Based on the County subsidy calculation the employee contribution for the Three-Tier Kaiser A plan will be no
cost for all tiers (Employee,Employee +1,Employee +2 or more)for Plan Year 2024.The Three-Tier Kaiser B
plan has a required minimum employee contribution at $20/$40/$60 which would result in a higher employee
contribution than the Three Tier Kaiser A participants.The County and the signatory unions/associations to the
Joint Labor Management Benefits Committee (JLMBC)have agreed the required minimum employee
contribution for the Three-Tier Kaiser B plan will be waived for the 2024 Plan Year.
To ensure uninterrupted coverage for enrolled members (eligible active employees,retired employees,and
survivors of retired employees)staff requests authorization from the Board of Supervisors to renew existing
insurance coverage at the rates provided in Attachment 1.The chart reflects the different premium structures -
either Two Tier or Three Tier -based on what has been negotiated with various bargaining groups.Rate sheets,
by bargaining group for actives and retirees,for the 2024 plan year reflecting County subsidies and
employee/retiree costs will be available in October,prior to the Open Enrollment period.These rate sheets will
be posted on the Employee Benefits website and a sample draft is provided in Attachment 2.
The County continues to provide competitive rates for our benefits plans through dedicated persistence and
collaboration with the County’s consultant and the Joint Labor Management Benefits Committee (JLMBC).
The Delta PPO,VSP Computer Vision Care (CVC),Voluntary Vision and the Voya Supplemental &Basic Life
Insurance plans will not increase in 2024 and there is a decrease to the DeltaCare HMO plan.With the
renewals and County subsidy for 2024,approximately 89%of County employees enrolled in NonPERS
medical plans will see the same or reduced rate in their monthly contributions and 100%of employees
enrolled in the Dental and Vision plans will see the same or reduced rate in their monthly contributions.
CONSEQUENCE OF NEGATIVE ACTION:
To prevent the disruption of services for group benefits that are offered to eligible active employees, retirees,
survivors and dependents, it is necessary to accept rate renewals prior to open enrollment which is planned for
October 16, 2023 - November 3, 2023 for the 2024 plan year.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:23-375 Agenda Date:9/12/2023 Agenda #:D.3.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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NonPERS Medical, Dental, Vision, CVC and Life Insurance Renewal Rates
EXISTING PLANS and PERCENTAGE of RATE INCREASE or DECREASE
NonPERS Medical Plans
3 Tier Rate Structure Coverage 2023 2024 % of Change
Contra Costa Health Plan A Employee (EE) $ 1,102.58 $ 1,185.45 7.52%
EE + 1 $ 2,205.11 $ 2,370.85 7.52%
EE + 2 or more $ 3,307.71 $ 3,556.32 7.52%
Contra Costa Health Plan B Employee (EE) $ 1,222.22 $ 1,314.08 7.52%
EE + 1 $ 2,444.43 $ 2,628.15 7.52%
EE + 2 or more $ 3,666.66 $ 3,942.25 7.52%
Kaiser Permanente Plan A Employee (EE) $ 909.04 $ 945.36 4.00%
EE + 1 $ 1,818.08 $ 1,890.72 4.00%
EE + 2 or more $ 2,727.12 $ 2,836.08 4.00%
Kaiser Permanente Plan B Employee (EE) $ 722.50 $ 751.38 4.00%
EE + 1 $ 1,445.00 $ 1,502.76 4.00%
EE + 2 or more $ 2,167.50 $ 2,254.14 4.00%
Kaiser Permanente HDHP Employee (EE) $ 579.96 $ 603.14 4.00%
EE + 1 $ 1,159.92 $ 1,206.28 4.00%
EE + 2 or more $ 1,739.88 $ 1,809.42 4.00%
Teamsters Local 856 Kaiser Trust Health Plan Employee (EE) $ 831.27 $ 872.84 5.00%
EE + 1 $ 1,701.25 $ 1,786.32 5.00%
EE + 2 or more $ 2,435.77 $ 2,557.56 5.00%
Health Net SmartCare HMO A Employee (EE) $ 1,506.10 $ 1,770.42 17.55%
EE + 1 $ 3,012.20 $ 3,540.84 17.55%
EE + 2 or more $ 4,518.30 $ 5,311.26 17.55%
Health Net SmartCare HMO B Employee (EE) $ 1,073.91 $ 1,184.52 10.30%
EE + 1 $ 2,147.82 $ 2,369.04 10.30%
EE + 2 or more $ 3,221.73 $ 3,553.56 10.30%
Health Net CA & OOS PPO Plan A Employee (EE) $ 3,466.90 $ 3,640.25 5.00%
EE + 1 $ 6,933.80 $ 7,280.50 5.00%
EE + 2 or more $ 10,400.70 $ 10,920.75 5.00%
2 Tier Rate Structure * Coverage 2023 2024 % of Change
Contra Costa Health Plan A Employee (EE)1,189.81$ 1,279.24$ 7.52%
Family 2,834.75$ 3,047.81$ 7.52%
Contra Costa Health Plan B Employee (EE)1,318.91$ 1,418.04$ 7.52%
Family 3,133.93$ 3,369.48$ 7.52%
Kaiser Permanente Plan A Employee (EE)993.36$ 1,033.06$ 4.00%
Family 2,314.54$ 2,407.04$ 4.00%
Kaiser Permanente Plan B Employee (EE)809.92$ 842.28$ 4.00%
Family 1,887.12$ 1,962.50$ 3.99%
Health Net HMO SmartCare Plan A Employee (EE)
1,612.66$ 1,895.68$ 17.55%
Family 3,951.02$ 4,644.42$ 17.55%
Health Net HMO SmartCare Plan B Employee (EE)1,149.89$ 1,268.33$ 10.30%
Family 2,817.22$ 3,107.41$ 10.30%
Contra Costa Health Plan A2 Employee (EE)908.43$ 976.71$ 7.52%
Family 2,032.12$ 2,184.85$ 7.52%
* The 2 Tier Rate Structure only applies to CNA Actives and Early Retirees
1 75
NonPERS Medical, Dental, Vision, CVC and Life Insurance Renewal Rates
EXISTING PLANS and PERCENTAGE of RATE INCREASE or DECREASE
NonPERS Medicare Coordination of Benefits (COB) Plans
3 Tier Rate Structure Coverage 2023 2024 % of Change
Contra Costa COB Health Plan A Retiree $ 547.22 $ 588.35 7.52%
2 Medicare $ 1,094.43 $ 1,176.70 7.52%
Contra Costa COB Health Plan B Retiree $ 563.64 $ 606.00 7.52%
2 Medicare $ 1,127.28 $ 1,212.01 7.52%
Health Net HMO A COB Plan Retiree $ 904.28 $ 934.49 3.34%
2 Medicare $ 1,808.56 $ 1,868.98 3.34%
Health Net HMO B COB Plan Retiree $ 820.41 $ 847.82 3.34%
2 Medicare $ 1,640.82 $ 1,695.64 3.34%
Health Net CA &OOS COB PPO Plan A Retiree $ 1,269.16 $ 1,316.83 3.76%
2 Medicare $ 2,538.32 $ 2,633.66 3.76%
2 Tier Rate Structure* Coverage 2023 2024 % of Change
Contra Costa COB Health Plan A Retiree $ 547.22 $ 588.35 7.52%
2 Medicare $ 1,094.43 $ 1,176.70 7.52%
Contra Costa COB Health Plan B Retiree $ 563.64 $ 606.00 7.52%
2 Medicare $ 1,127.28 $ 1,212.01 7.52%
Health Net HMO A COB Plan Retiree $ 904.28 $ 934.49 3.34%
2 Medicare $ 1,808.56 $ 1,868.98 3.34%
Health Net HMO B COB Plan Retiree $ 820.41 $ 847.82 3.34%
2 Medicare $ 1,640.82 $ 1,695.64 3.34%
Health Net CA &OOS COB PPO Plan A Retiree $ 1,269.16 $ 1,316.83 3.76%
2 Medicare $ 2,538.32 $ 2,633.66 3.76%
* The 2 Tier Rate Structure only applies to CNA Actives and Early Retirees
Medicare Senior Advantage Plans
3 Tier Rate Structure Coverage 2023 2024 % of Change
Kaiser Senior Advantage Plan A Retiree $ 298.59 $ 357.44 19.71%
2 Medicare $ 805.81 $ 964.86 19.74%
Kaiser Senior Advantage Plan B Retiree $ 226.43 $ 270.99 19.68%
2 Medicare $ 610.82 $ 731.23 19.71%
Health Net Seniority Plus Plan A Retiree $ 716.88 $ 759.85 5.99%
2 Medicare $ 1,433.76 $ 1,519.70 5.99%
Health Net Seniority Plus Plan B Retiree $ 601.83 $ 637.90 5.99%
2 Medicare $ 1,203.66 $ 1,275.80 5.99%
2 Tier Rate Structure Coverage 2023 2024 % of Change
Kaiser Senior Advantage Plan A Retiree $ 298.64 $ 357.51 19.71%
2 Medicare $ 806.46 $ 965.55 19.73%
Kaiser Senior Advantage Plan B Retiree $ 226.48 $ 271.06 19.68%
2 Medicare $ 611.47 $ 731.92 19.70%
Health Net Seniority Plus Plan A Retiree $ 716.88 $ 759.85 5.99%
2 Medicare $ 1,433.76 $ 1,519.70 5.99%
Health Net Seniority Plus Plan B Retiree $ 601.83 $ 637.90 5.99%
2 Medicare $ 1,203.66 $ 1,275.80 5.99%
Dental PPO
2 Tier & 3 Tier Rate Structure Coverage 2023 2024 % of Change
Delta Dental PPO ASO Fees N/A $5.03 $4.93 -1.99%
Delta Dental PPO Employee (EE) $46.52 $46.52 0.00%
EE + 1 (Family) $105.08 $105.08 0.00%
EE + 2 or more (Family) $105.08 $105.08 0.00%
2 76
NonPERS Medical, Dental, Vision, CVC and Life Insurance Renewal Rates
EXISTING PLANS and PERCENTAGE of RATE INCREASE or DECREASE
Dental DHMO
2 Tier & 3 Tier Rate Structure Coverage 2023 2024 % of Change
Delta Care HMO Employee (EE) $25.35 $24.17 -4.65%
EE + 1 (Family) $54.78 $52.23 -4.65%
EE + 2 or more (Family) $54.78 $52.23 -4.65%
Vision
2023 2024 % of Change
VSP Computer Vision Care Plan (CVC) Employee (EE) $1.78 $1.78 0.00%
VSP Voluntary Vision Plan (3-tier) Employee (EE) $9.00 $9.00 0.00%
EE + 1 $17.99 $17.99 0.00%
EE + 2 or more $28.98 $28.98 0.00%
Life Insurance
2023 2024 % of Change
VOYA Basic Life AD&D Program $0.074/$1,000 $0.074/$1,000 0.00%
VOYA Supplemental Life AD&D Program 2023 2024 % of Change
Employee and Spouse Age: Rate per $1,000 Rate per $1,000
0-24 $0.07 $0.07 0.00%
25-29 $0.08 $0.08 0.00%
30-34 $0.10 $0.10 0.00%
35-39 $0.11 $0.11 0.00%
40-44 $0.14 $0.14 0.00%
45-49 $0.22 $0.22 0.00%
50-54 $0.34 $0.34 0.00%
55-59 $0.59 $0.59 0.00%
60-64 $0.99 $0.99 0.00%
65-69 $1.82 $1.82 0.00%
> 70 $3.52 $3.52 0.00%
Dependent Children (Supp. Life only):
$5,000 $0.80 $0.80 0.00%
$10,000 $1.60 $1.60 0.00%
3 77
2024 CONTRA COSTA COUNTY (DRAFT)
MONTHLY MEDICAL AND DENTAL PLAN PREMIUMS
2024 TOTAL
MONTHLY
PREMIUM
2024 COUNTY
MONTHLY
SUBSIDY
2024 EMPLOYEE
MONTHLY SHARE
$1,185.45 $947.62 $237.83
$2,370.85 $1,895.24 $475.61
$3,556.32 $2,842.85 $713.47
$1,314.08 $947.62 $366.46
$2,628.15 $1,895.24 $732.91
$3,942.25 $2,842.85 $1,099.40
$945.36 $945.36 $0.00
$1,890.72 $1,890.72 $0.00
$2,836.08 $2,836.08 $0.00
$751.38 $751.38 $0.00
$1,502.76 $1,502.76 $0.00
$2,254.14 $2,254.14 $0.00
$603.14 $603.14 $0.00
$1,206.28 $1,206.28 $0.00
$1,809.42 $1,809.42 $0.00
$872.84 $872.84 $0.00
$1,786.32 $1,786.32 $0.00
$2,557.56 $2,557.56 $0.00
$1,770.42 $947.62 $822.80
$3,540.84 $1,895.24 $1,645.60
$5,311.26 $2,842.85 $2,468.41
$1,184.52 $947.62 $236.90
$2,369.04 $1,895.24 $473.80
$3,553.56 $2,842.85 $710.71
$3,640.25 $947.62 $2,692.63
$7,280.50 $1,895.24 $5,385.26
$10,920.75 $2,842.85 $8,077.90
Employee & 2 or more dependents on Basic Plan
PERMANENT FULL TIME EMPLOYEES AND PART TIME EMPLOYEES SCHEDULED TO WORK AT LEAST 20 HOURS PER WEEK
PLAN/COVERAGE DESCRIPTION
CONTRA COSTA HEALTH PLAN - BASIC PLAN A
Employee on Basic Plan
Employee & 1
Employee & 2 or more dependents on Basic Plan
CONTRA COSTA HEALTH PLAN - BASIC PLAN B
Employee on Basic Plan
Employee & 1
Employee & 2 or more dependents on Basic Plan
KAISER PERMANENTE - BASIC PLAN A
Employee on Basic Plan
Employee & 1
Employee & 2 or more dependents on Basic Plan
KAISER PERMANENTE - BASIC PLAN B
Employee on Basic Plan
Employee & 1
Employee & 2 or more dependents on Basic Plan
KAISER PERMANENTE - HIGH DEDUCTIBLE PLAN
Employee on Basic Plan
Employee & 1
Employee & 2 or more dependents on Basic Plan
HEALTH NET SMARTCARE - BASIC PLAN A
Employee on Basic Plan
TEAMSTERS 856 TRUST FUND KP HEALTH PLAN
Employee on Basic Plan
Employee & 1
Employee & 2 or more dependents on Basic Plan
Employee & 1
Employee & 2 or more dependents on Basic Plan
HEALTH NET SMARTCARE - BASIC PLAN B
Employee on Basic Plan
Employee & 1
HEALTH NET PPO PLAN - BASIC PLAN A
Employee on PPO Basic Plan
Employee & 1
Employee & 2 or more dependents on Basic Plan
PAGE 1 OF 2
78
2024 CONTRA COSTA COUNTY (DRAFT)
MONTHLY MEDICAL AND DENTAL PLAN PREMIUMS
2024 TOTAL
MONTHLY
PREMIUM
2024 COUNTY
MONTHLY
SUBSIDY
2024 EMPLOYEE
MONTHLY SHARE
PERMANENT FULL TIME EMPLOYEES AND PART TIME EMPLOYEES SCHEDULED TO WORK AT LEAST 20 HOURS PER WEEK
PLAN/COVERAGE DESCRIPTION
Employee $46.52 $41.17 $5.35
Employee + 1 $105.08 $93.00 $12.08
Employee + 2 or more $105.08 $93.00 $12.08
Employee $46.52 $34.02 $12.50
Employee + 1 $105.08 $76.77 $28.31
Employee + 2 or more $105.08 $76.77 $28.31
Employee $46.52 $34.02 $12.50
Employee + 1 $105.08 $76.77 $28.31
Employee + 2 or more $105.08 $76.77 $28.31
Employee $46.52 $43.35 $3.17
Employee + 1 $105.08 $97.81 $7.27
Employee + 2 or more $105.08 $97.81 $7.27
DELTA CARE (HMO)
Employee $24.17 $24.17 $0.00
Employee + 1 $52.23 $52.23 $0.00
Employee + 2 or more $52.23 $52.23 $0.00
Employee $24.17 $21.31 $2.86
Employee + 1 $52.23 $46.05 $6.18
Employee + 2 or more $52.23 $46.05 $6.18
Employee $24.17 $21.31 $2.86
Employee + 1 $52.23 $46.05 $6.18
Employee + 2 or more $52.23 $46.05 $6.18
Employee $24.17 $24.17 $0.00
Employee + 1 $52.23 $52.23 $0.00
Employee + 2 or more $52.23 $52.23 $0.00
VSP VOLUNTARY VISION PLAN
Employee $9.00 $0.00 $9.00
Employee + 1 $17.99 $0.00 $17.99
Employee + 2 or more $28.98 $0.00 $28.98
DELTA DENTAL PREMIER PPO - $1,800 Annual Maximum
For CCHP Plans
For Health Net Plans
For Kaiser Permanente Plans
Without a Health Plan
For CCHP Plans
For Health Net Plans
For Kaiser Permanente Plans
Without a Health Plan
PAGE 2 OF 2
79
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-555 Agenda Date:9/12/2023 Agenda #:D.4.
To: Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Salary Resolution Increasing Salaries for Unrepresented Fire Safety Management
RECOMMENDATIONS:
Acting as the Governing Body of the Contra Costa County Fire Protection District, ADOPT a resolution
regarding salary increases for unrepresented fire safety management classifications in the Contra Costa County
Fire Protection District.
FISCAL IMPACT:
The estimated cost of this action is $510,408 for FY 2023/24, $762,776 for FY 2024/25, $1.03 million for FY
2025/26, and $1.3 million for FY 2026/27. This cost includes approximately $176,000 per year due to rolling in
the existing 5% Emergency Recall Differential to base pay.
BACKGROUND:
Historically, the wages and benefits granted by the District to its unrepresented safety management employees
have paralleled the wages and benefits negotiated by the District with the United Chief Officers' Association
(UCOA). On August 25, 2023, the Governing Body of the Contra Costa County Fire Protection District
adopted a new memorandum of understanding (MOU) with the United Chief Officers' Association that included
wage increases. This resolution increases the wages of unrepresented safety management classifications in
order to retain parity with represented fire classifications. The effective date of August 1, 2023 is due to the fact
that the District was unable to include executive compensation items at the special meeting where UCOA salary
increases were approved.
In summary the resolution provides:
·Effective August 1, 2023, 6.25 percent (6.25%) increase;
·Effective July 1, 2024 five percent (5%) increase;
·Effective July 1, 2025 five percent (5%) increase, and
·Effective July 1, 2026 five percent (5%) increase.end
Additionally, Effective September 1, 2023, unrepresented fire management classifications excluding the Fire
Chief will have their base salary increased by five percent (5%) due to the elimination of the existing
Emergency Recall Differential.
CONSEQUENCE OF NEGATIVE ACTION:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 4
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File #:RES 23-555 Agenda Date:9/12/2023 Agenda #:D.4.
The District could be detrimentally impacted by the potential loss of highly-trained personnel and it may
become more difficult to attract candidates for promotion.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 4
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File #:RES 23-555 Agenda Date:9/12/2023 Agenda #:D.4.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF: Salary Increases for unrepresented Fire safety management classifications in the Contra
Costa County Fire Protection District
The Contra Costa County Board of Supervisors acting as the Governing Board of the Contra Costa County Fire
Protection District RESOLVES THAT:
The District will implement general salary increases for the classifications of Assistant Fire Chief-Exempt
(RPB1); Assistant Fire Chief - Exempt 56 Hour (RPB3); Assistant Fire Chief-Group 1 (RPBA); Deputy Fire
Chief-Exempt (RPB2); Fire Marshal (RJGA); Supervising Fire Inspector (RJHC):
·Effective August 1, 2023, 6.25 percent (6.25%) increase;
·Effective September 1, 2023, 5 percent (5%) increase;
·Effective July 1, 2024 five percent (5%) increase;
·Effective July 1, 2025 five percent (5%) increase, and
·Effective July 1, 2026 five percent (5%) increase.end
The District will implement general salary increases for the classification of Fire Chief-Contra Costa (RPA1):
·Effective August 1, 2023, 6.25 percent (6.25%) increase;
·Effective July 1, 2024 five percent (5%) increase;
·Effective July 1, 2025 five percent (5%) increase, and
·Effective July 1, 2026 five percent (5%) increase.end
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 4
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File #:RES 23-555 Agenda Date:9/12/2023 Agenda #:D.4.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 4 of 4
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-538 Agenda Date:9/12/2023 Agenda #:D.5.
To: Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Contra Costa County Fire Management Resolution Which Supersedes Resolution No. 2022/264
RECOMMENDATIONS:
Adopt a Resolution which supersedes Resolution No. 2022/264 regarding compensation and benefits for
unrepresented fire safety management classifications in the Contra Costa County Fire Protection District.
FISCAL IMPACT:
The roll in of the existing five percent (5%) Standby Duty with Emergency Recall Differential into base pay
will cost approximately $177,000 in benefit costs per year. The Juneteenth Holiday is currently observed by the
County and this action presents no additional cost. The cost of the remainder of the items may vary depending
on employee usage.
BACKGROUND:
The Resolution is being modified in the following ways:
1.Section 1.10 is amended to add Juneteenth (June 19) to the list of paid holidays.
2.Section 1.17 is amended to change the length of service increments and Increase vacation accruals for
employees on a 56-hour work schedule.
3.Section 1.18 is amended to increased sick leave accruals for employees on a 56-hour work schedule
from 12 hours to 15 hours per month.
4.Section 14 is amended to change the vacation buy back benefit to apply to all employees regardless of
hire date.
5.Section 21 is amended to eliminate the five percent (5%) Standby Duty with Emergency Recall
Differential effective September 1, 2023. Employees will continue to perform this duty and instead be
compensated through an increase to their base salary.
CONSEQUENCE OF NEGATIVE ACTION:
Unrepresented Fire management employees will not be subject to appropriate leave, pay and benefits.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 4
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File #:RES 23-538 Agenda Date:9/12/2023 Agenda #:D.5.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 4
powered by Legistar™85
File #:RES 23-538 Agenda Date:9/12/2023 Agenda #:D.5.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF Compensation and Benefits for Contra Costa County Fire Protection District
Unrepresented Fire Safety Management Employees
The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the
Contra Costa County Fire Protection District RESOLVES THAT:
Effective on September 1, 2023,and continuing, and until further Order of the Board,the Board adopts the
attached program of compensation and benefits for Contra Costa County Fire Protection District Unrepresented
Fire Safety Management employees in the classifications listed below.Except for Section 3 of Resolution No.
2002/615,this Resolution supersedes all previous resolutions providing compensation and benefits for the
employees in classifications listed below,including but not limited to Resolution No. 2022/264.
•Assistant Fire Chief-Exempt (RPB1)
•Assistant Fire Chief- Exempt 56 Hour (RPB3)
•Assistant Fire Chief-Group 1 (RPBA)
• Deputy Fire Chief-Exempt (RPB2)
•Fire Marshal (RJGA)
•Fire Chief-Contra Costa (RPA1)
•Supervising Fire Inspector (RJHC)
Unless expressly provided otherwise,this Resolution is subject to the provisions of appropriate Administrative
and Personnel Bulletins,the 1937 County Employees Retirement Act,the County Salary Regulations,and the
County Personnel Management Regulations.
Unrepresented safety management employees include employees in classified,exempt, and project
classifications. This Resolution is organized in two parts to distinguish those general Fire District benefits
provided to unrepresented fire safety management employees (Part I)and those benefits provided exclusively to
the Fire Chief (Part II).Unless otherwise expressly provided,compensation and benefits under this Resolution
are authorized only for permanent and project employees who work full time or part time,no less than twenty
(20)hours per week.
The full text of this Resolution is attached.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 4
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File #:RES 23-538 Agenda Date:9/12/2023 Agenda #:D.5.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 4 of 4
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i
RESOLUTION NO.
TABLE OF CONTENTS
Resolution No.
I. BENEFITS FOR UNREPRESENTED SAFETY MANAGEMENT EMPLOYEES
1. Leaves With and Without Pay
1.10 Holidays (list of holidays observed by the District)
1.11 Definitions
1.12 Holidays Observed
1.13 Holidays - Flexible Work Schedules
1.14 Holidays - Part-Time Employees
1.15 No Overtime Pay, Holiday Pay, or Comp Time
1.16 Personal Holiday Credit
1.17 Vacation
1.18 Sick Leave
1.19 Part-Time Employees
1.20 Family Care Leave
1.21 Leave Without Pay-Use of Accruals
1.22 Elective Leave Limit for Assistant Fire Chiefs
2. Health, Dental and Related Benefits
2.A. Health Plans
2.10 Health Plan Coverages
2.11 Contra Costa Health Plan (CCHP)
2.12 Health Plan Monthly Premium Subsidy
2.13 Retirement Coverage
2.14 Premium Payments
2.B. Dental and Life Insurance Plans
2.15 Dental Program
2.16 Dental Plan Premium Subsidy
2.17 Retirement Coverage
2.18 Life Insurance Benefit Under Health and Dental Plans
2.19 Supplemental Life Insurance
2.20 Premium Payments
2.21 Family Member Eligibility Criteria
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RESOLUTION NO.
2.C. General Provisions
2.22 Extended Coverage
2.23 Rate Information
2.24 Dual Coverage
2.25 Catastrophic Leave Program
2.26 Health Care Spending Account
2.27 PERS Long-Term Care
2.28 Dependent Care Assistance Program
2.29 Premium Conversion Plan
2.30 Prevailing Section
2.31 Voluntary Vision Plan
3. Transportation Expense
3.10 Mileage Reimbursement
3.11 Commuter Benefit Program
4. Retirement Benefits
4.10 Contribution
4.11 Safety Employees Retirement- Tier A- Employees who Became
Safety Members of CCCERA before January 1, 2013
4.12 Employees with More Than 30 Years of Continuous Service as
Safety Members- Tier A
4.13 Safety Employees Retirement- Safety PEPRA Tier- Employees
who Become Safety Members of CCCERA on or after January 1,
2013
5. 415H2 Participation
6. Training
6.10 Career Development Training Reimbursement
6.11 Management Development Policy
7. Bilingual Pay Differential
8. Higher Pay for Work in a Higher Classification
9. Other Terms and Conditions of Employment
9.10 Overtime Exempt Exclusion
9.11 Overtime
9.12 Special Circumstance Overtime Compensation
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RESOLUTION NO.
9.13 Length of Service Credits
9.14 Mirror Classifications
9.15 Deep Classes
9.16 Administrative Provisions
10. Management Longevity Pay
10.10 Ten Years of Service
10.11 Fifteen Years of Service
10.12 Twenty Years of Service
11. Deferred Compensation
12. Annual Management Administrative Leave
13. Management Life Insurance
14. Vacation Buy Back
15. Professional Development Reimbursement
16. Sick Leave Incentive Plan
17. Video Display Terminal (VDT) Users Eye Examination
18. Long-Term Disability Insurance
19. Uniform Allowance
20. Fire Management Educational Allowance Program
21. Fire Services Standby Duty with Emergency Recall Differential
22. Executive Professional Development Reimbursement
II. BENEFITS FOR FIRE CHIEF
23. Automobile
24. Executive Life Insurance
25. Fire Management Educational Reimbursement
26. No Fire Services Standby with Emergency Recall Duty Differential
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RESOLUTION NO.
27. No Vacation Buy Back
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RESOLUTION NO.
I. BENEFITS FOR UNREPRESENTED SAFETY MANAGEMENT EMPLOYEES IN
THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
1. Leaves With and Without Pay
1.10 Holidays: The District will observe the following holidays during the term
covered by this Resolution:
New Year’s Day Labor Day
Martin Luther King Jr. Day Veteran’s Day
Washington’s Birthday Thanksgiving Day
Memorial Day Day after Thanksgiving
Juneteenth (June 19) Christmas Day
Independence Day
Such other days as the Board of Supervisors may designate by Resolution
as holidays.
Any holiday observed by the District that falls on a Saturday is observed
on the preceding Friday and any holiday that falls on a Sunday is
observed on the following Monday.
1.11 Definitions:
Regular Work Schedule: The regular work schedule is eight (8) hours per
day, Monday through Friday, inclusive, for a total of forty (40) hours per
week.
Flexible Work Schedule: A flexible work schedule is any schedule that is
not a regular, alternate, 9/80, or 4/10 work schedule and where the
employee is not scheduled to work more than 40 hours in a “workweek” as
defined below.
Fifty-Six (56) Hour Work Schedules: For employees working in 56-hour
assignments, the regular schedule consists of a six-day tour of duty that
includes two (2) regularly scheduled 24-hour workdays and four (4) days
off, commonly referred to as 48/96.
Workweek for Employees on Regular and Flexible Work Schedules: For
employees on regular and flexible work schedules, the workweek begins
at 12:01a.m. on Monday and ends at twelve midnight on Sunday.
1.12 Holidays Observed:
Employees on a Regular and Flexible Work Schedule: Employees on
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RESOLUTION NO.
regular and flexible work schedules are entitled to observe a holiday (day
off work), without a reduction in pay, whenever a holiday is observed by
the District.
Employees on a 56-Hour Work Schedule: In observance of holidays,
employees on a fifty-six (56) hour work schedule accrue four (4) hours of
personal holiday credit, up to a maximum of eighty (80) hours, as defined
in section 1.16, below.
1.13 Holidays – Flexible Work Schedules: When a holiday falls on the regularly
scheduled day off of any employee who is on a flexible work schedule, the
employee is entitled to take the day off, without a reduction in pay, in
recognition of the holiday. These employees are entitled to request
another day off within the same work week in recognition of their regularly
scheduled day off. The requested day off must be within the same work
week as the holiday and it must be pre-approved by the employee’s
supervisor. If the day off is not approved by the supervisor, it is lost. If the
approved day off is a nine (9) hour workday, the employee must use one
(1) hour of non-sick-leave accruals. If the approved day off is a ten (10)
hour workday, the employee must use two (2) hours of non-sick-leave
accruals. If the employee does not have any non-sick-leave accrual
balances, leave without pay (AWOP) will be authorized.
1.14 Holidays – Part-Time Employees: Permanent, part-time employees are
entitled to observe a holiday (day off work) in the same ratio as the
number of hours in the part-time employee’s schedule bears to forty (40)
hours.
1.15 No Overtime Pay, Holiday Pay, or Comp Time: Employees are not
entitled to receive overtime pay, holiday pay, overtime compensatory time,
or holiday compensatory time. Employees who are unable or not
permitted to observe a holiday (take the day off), are authorized to receive
overtime pay ONLY IF the employee is on the Overtime Exempt Exclusion
List (see Section 9.10). This section does not apply to Special
Circumstance Overtime Compensation provided in Section 9.12.
1.16 Personal Holiday Credit:
Employees on a Regular and Flexible Work Schedule: Employees on a
regular and flexible work schedule are entitled to accrue two (2) hours of
personal holiday credit each month. This time is prorated for part-time
employees. No employee may accrue more than forty (40) hours of
personal holiday credit. On separation from District service, employees
are paid for any unused personal holiday credits at the employee’s then
current rate of pay, up to a maximum of forty (40) hours.
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RESOLUTION NO.
Employees on a 56-Hour Work Schedule: Employees on a fifty-six (56)
hour work schedule are entitled to accrue four (4) hours of personal
holiday credit per month, up to a maximum accrual of eighty (80) hours.
No employee may accrue more than eighty (80) hours of personal holiday
credit. On separation from District service, employees are paid any
unused personal holiday credits at the employee’s then current rate of
pay, up to a maximum of eighty (80) hours. When moving between 40-
hour and 56-hour work schedules, accrual rates and balances will be
converted.
1.17 Vacation: Employees are entitled to accrue paid vacation credit not to
exceed the maximum cumulative hours as follows:
Employees on 40-Hour Work Schedules:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Employees on 56-Hour Work Schedules:
Monthly Maximum
Accrual Cumulative
Length of Service Completed Hours Hours
Less than 5 years 14 336
5 through 10 years 16 384
11 through 14 years 18 432
15 through 19 years 21 504
20 through 24 years 26 624
25 through 29 years 30 720
30 years and up 33 792
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RESOLUTION NO.
Each employee is eligible to accrue increased vacation hours on the first
day of the month following the employee’s Service Award Date.
An employee’s Service Award Date is the first day of his/her temporary,
provisional, or permanent appointment to a position in the County. If an
employee is first appointed to a temporary or provisional position and then
later appointed to a permanent position, the Service Award Date for that
employee is the date of the first day of the temporary or provisional
appointment.
When moving between 40-hour and 56-hour schedules/assignments,
accrual rates and balances will be converted.
1.18 Sick Leave: Employees are entitled to accrue paid sick leave credit in
accordance with the provisions of the County Salary Regulations and
District Personnel Bulletin No. 21 (Sick Leave Policy) adopted on August
10, 1995, as periodically amended. Sick leave for employees on forty (40)
hour work schedules shall be accrued at the rate of eight (8) hours for
each completed month of service and sick leave for employees on fifty- six
(56) hour work schedules shall be accrued at the rate of fifteen (15) hours
for each completed month of service. When moving between 40-hour and
56-hour schedules/assignments, accrual rates and balances will be
converted.
1.19 Part-Time Employees: Part-time employees are entitled to accrue paid
vacation and sick leave credit on a pro-rata basis.
1.20 Family Care Leave: The provisions of Section 1006.3 of the Contra Costa
County Personnel Management Regulations and Resolution No. 94/416,
as amended, relating to Leaves of Absence and Family Care Medical
Leave apply to all employees covered by this Resolution.
1.21 Leave Without Pay - Use of Accruals: The provisions of Section 1006.6 of
the Contra Costa County Personnel Management Regulations, as
amended, relating to use of accruals while on leave without pay, apply to
all employees covered by this Resolution.
1.22 Elective Leave Limit for Assistant Fire Chiefs: Only one Assistant Fire
Chief-Exempt 56-Hour will be permitted to take time off on vacation,
administrative leave, or personal holiday leave at one time provided,
however, the Fire Chief, at their sole discretion, may approve more than
one Assistant Fire Chief-Exempt 56-Hour off at one time.
2. Health, Dental and Related Benefits
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RESOLUTION NO.
2.A. Health Plans
2.10 Health Plan Coverages: Group health benefits through the California
Public Employees’ Retirement System (CalPERS) are provided for all
permanent full-time employees.
The CalPERS health care program, as regulated by the Public Employees’
Medical and Hospital Care Act (PEMHCA), regulations issued pursuant to
PEMHCA and the administration of PEMHCA by CalPERS, controls on all
health plan issues, including but not limited to eligibility, benefit levels,
benefit plans, minimum premium subsidies, and costs.
2.11 Contra Costa Health Plan (CCHP): Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative
CalPERS plan option, employees and COBRA counterparts may elect to
enroll in CCHP under the CalPERS plan rules and regulations.
2.12 Health Plan Monthly Premium Subsidy: The District’s subsidies to the
CalPERS monthly health plan premiums are as provided below. The
employee must pay any Health Plan premium costs that are greater than
the District’s subsidies identified below.
a. Health Plan Premium Subsidy:
1. District Premium Subsidy through November 30, 2015. Beginning
on January 1, 2010, and through November 30, 2015, the amount of the
District premium subsidy that is paid for employees and eligible family
members is a set dollar amount and is not a percentage of the premium
charged by the plan. The District will pay the CalPERS statutory minimum
employer monthly health plan premium subsidy or the following monthly
health plan premium subsidy, whichever is greater:
Employee/Retiree/Survivor Only $478.69
Employee/Retiree/Survivor & One Dependent $957.38
Employee/Retiree/Survivor & Two or more Dependents $1228.67
2. District Premium Subsidy through November 30, 2016. For the plan
year that begins on January 1, 2016, the District will contribute up to an
amount equivalent to eighty percent (80%) of the 2016 CalPERS Kaiser
premium at each level (employee only, employee + 1, employee + 2 or
more) towards the covered employee’s CalPERS or CalPERS Alternative
Plan (CCHP) premium.
3. District Premium Subsidy On and After December 1, 2016. For the
plan year that begins on January 1, 2017, the District will pay a monthly
premium subsidy for each health plan that is equal to the actual dollar
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RESOLUTION NO.
monthly premium subsidy that is paid by the District for that plan as of
November 30, 2016. In addition, if there is an increase in the monthly
premium charged by a health plan for 2017, the District and the employee
will each pay fifty percent (50%) of that increase. For each plan year
thereafter, and for each plan, the District and the employee will each pay
fifty percent (50%) of the monthly premium increase above the 2016 plan
premiums.
b. In the event that the District premium subsidy amounts are greater than
one hundred percent (100%) of the applicable premium of any health or
dental plan, for any plan year, the District’s subsidy will not exceed one
hundred percent (100%) of the applicable plan premium.
2.13 Retirement Coverage: Government Code section 22892 applies to all
employees covered by this Resolution.
2.14 Premium Payments: Employee participation in any health plan is
contingent upon the employee authorizing payroll deduction by the District
of the employee’s share of the premium cost. If an employee’s
compensation in any month (including during a leave of absence) is not
sufficient to pay the employee share of the premium, the employee must
pay the difference to the Auditor-Controller. The responsibility for this
payment rests solely with the employee.
2.B. Dental and Life Insurance Plans
2.15 Dental Program: Every permanent employee may participate in any
available County Group Dental Plan. The District may change dental plan
providers at any time during the term of this resolution.
2.16 Dental Plan Premium Subsidy: The dental plan premium subsidies set
forth below are provided only for permanent full-time employees and
permanent part-time employees regularly scheduled to work at least
twenty (20) hours per week. The employee will pay any dental plan costs
that are greater than the District’s premium subsidies set forth below.
a. Beginning on January 1, 2010, and for each calendar year thereafter,
the amount of the District premium subsidy that is paid for employees and
eligible family members is a set dollar amount and is not a percentage of
the premium charged by the dental plan. The District will pay the following
monthly dental plan premium subsidies:
Delta Dental with CCHP A or B:
Single: $41.17
Family: $93.00
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RESOLUTION NO.
Delta Dental with any CalPERS health plan
Single: $34.02
Family: $76.77
Delta Dental without a health plan
Single: $43.35
Family: $97.81
DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
DeltaCare (PMI) with any CalPERS health plan
Single: $21.31
Family: $46.05
DeltaCare (PMI) without a health plan
Single: $27.31
Family: $59.03
b. If the District contracts with another dental plan, the District will
determine the monthly dollar premium subsidy that it will pay to that dental
plan for employees and their eligible family members.
c. In the event that the District premium subsidy amounts are greater than
one hundred percent (100%) of the applicable premium of any dental plan,
for any plan year, the District’s contribution will not exceed one hundred
percent (100%) of the applicable plan premium.
2.17 Retirement Coverage:
a. Upon Retirement:
1. Upon retirement and for the term of this resolution, employees and
their eligible family members may remain in their District dental plan, but
without District-paid life insurance coverage, if immediately before their
proposed retirement the employees and dependents are either active
subscribers to one of the District contracted dental plans, or if while on
authorized leave of absence without pay, they have retained continuous
coverage during the leave period. The District will pay the dental plan
monthly premium subsidies set forth in Section 2.16, subsection a., for
eligible retirees and their eligible family members.
2. For employees hired on or after January 1, 2009 and their eligible
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RESOLUTION NO.
family members, no monthly premium subsidy will be paid by the District
for any dental plan after they separate from District employment. Upon
completion of fifteen (15) years of service as an employee of the District,
an employee who retires under the Contra Costa County Employees’
Retirement Association (“CCCERA”) may retain continuous coverage of
any District dental plan, provided that (I) he or she begins to receive a
monthly retirement allowance from CCCERA within 120 days of
separation from District employment and (ii) he or she pays the full
premium cost under the chosen dental plan without any District premium
subsidy. For purposes of retiree dental eligibility, one year of service is
defined as one thousand (1,000) hours worked within one District
anniversary year.
3. For purposes of this section 2.17 only, “eligible family members” does
not include Survivors of employees or retirees.
2.18 Life Insurance Benefit Under Health and Dental Plans: For employees
who are enrolled in a District sponsored health or dental plan as either the
primary insured or a dependent, term life insurance in the amount of ten
thousand dollars ($10,000) will be provided by the District.
2.19 Supplemental Life Insurance: In addition to the life insurance benefits
provided by this resolution, employees may subscribe voluntarily and at
their own expense for supplemental life insurance. Employees may
subscribe for an amount not to exceed five hundred thousand dollars
($500,000), of which one hundred thousand dollars ($100,000) is a
guaranteed issue, provided the election is made within the required
enrollment periods.
2.20 Premium Payments: Employee participation in any dental or life insurance
plan is contingent upon the employee authorizing payroll deduction by the
District of the employee’s share of the premium cost. The District’s
subsidy to the dental and life insurance premium is payable monthly. If an
employee’s compensation in any month (including during a leave of
absence) is not sufficient to pay the employee share of the premium, the
employee must pay the difference to the Auditor-Controller. The
responsibility for this payment rests solely with the employee.
2.21 Family Member Eligibility Criteria: The following persons may be enrolled
as the eligible Family Members of a dental plan Subscriber:
1. Eligible Dependents:
a. Employee’s legal spouse
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RESOLUTION NO.
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) under age 19; or
(2) Age 19 or above, but under age 24; and who
I. Resides with the employee for more than 50% of the year,
excluding time living at school; and,
ii. Receives at least 50% of support from employee; and
iii. Is enrolled and attends school on a full-time basis, as defined by
the school.
d. Employee’s disabled child who is over age 19, unmarried, and
incapable of sustaining employment due to a physical or mental
disability that existed prior to the child’s attainment of age 19.
2. “Employee’s child” includes natural child, step-child, adopted child,
child of a qualified domestic partner, and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
2.C. General Provisions
2.22 Extended Coverage:
a. An employee on approved leave without pay for more than thirty (30)
days may continue his/her health/dental/life insurance coverage provided
that the employee pays his/her share of the monthly premium during said
leave.
b. An employee who separates from District employment is covered by
his/her District health and/or dental plan through the last day of the month
in which he/she separates. Employees who separate from District
employment may continue Group health and/or dental plan coverage to
the extent provided by the COBRA laws and regulations.
2.23 Rate Information: The County-Benefits Service Unit will make dental plan
rate information and, to the extent possible, CalPERS health plan rate
information available to employees and departments, upon request. In
addition, the County Benefits Service Unit will publish and distribute to
employees and departments information about rate changes as they occur
during the year.
2.24 Dual Coverage:
a. Each employee and retiree may be covered only by a single District
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RESOLUTION NO.
health (or dental) plan, including a CalPERS plan. For example, a District
employee may be covered under a single District health and/or dental plan
as either the primary insured or the dependent of another District
employee or retiree, but not as both the primary insured and the
dependent of another District employee or retiree.
b. All dependents may be covered by the health and/or dental plan of only
one spouse or one domestic partner. For example, when both husband
and wife are District employees, all of their eligible children may be
covered as dependents of either the husband or the wife, but not both.
c. For purposes of Section 2.24, only, “District” includes the County of
Contra Costa, the Contra Costa County Fire Protection District, and all
other special districts governed by the Board of Supervisors.
2.25 Catastrophic Leave Program: All employees are included in the District’s
Program and may designate a portion of their accrued vacation,
administrative leave or personal holiday credit to be deducted from
existing balances and credited to a specific eligible employee. To utilize
this program, all recipient requests must be submitted to the Fire Chief for
review and recommendation to the County Administrator. The County
Administrator will make final decision as to approval or denial of the
request to use accruals in the Catastrophic Leave Bank.
2.26 Health Care Spending Account: After six (6) months of permanent
employment, employees may elect to participate in a Health Care
Spending Account (HCSA) Program designated to qualify for tax savings
under Section 125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set aside a pre-
determined amount of money from their pay, before taxes, for health care
expenses not reimbursed by any other health benefit plan. HCSA dollars
can be expended on any eligible medical expenses allowed by Internal
Revenue Code Section 125. Any unused balance is forfeited and cannot
be recovered by the employee.
2.27 PERS Long-Term Care: The District will deduct and remit monthly
premiums to the PERS Long-Term Care Administrator for employees who
are eligible and voluntarily elect to purchase long-term care at their
personal expense through the PERS Long-Term Care Program.
2.28 Dependent Care Assistance Program: The District will continue to offer
the option of enrolling in a Dependent Care Assistance Program (DCAP)
designed to qualify for tax savings under Section 129 of the Internal
Revenue Code, but tax savings are not guaranteed. The program allows
employees to set aside up to five thousand dollars ($5,000) of annual
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salary (before taxes) per calendar year to pay for eligible dependent care
(child and elder care) expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
2.29 Premium Conversion Plan: The District will continue to offer a Premium
Conversion Plan (PCP) designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but tax savings are not guaranteed.
The program allows employees to use pre-tax dollars to pay health and
dental premiums.
2.30 Prevailing Section: To the extent that any provision of this Section
(Section 2. Health, Dental and Related Benefits) is inconsistent with any
provision of any other District or County enactment or policy, including
Administrative Bulletins, County Salary Regulations, and County
Personnel Management Regulations, or any other resolution or order of
the Board of Supervisors, acting in any of its various capacities including
as the Governing Board of the Contra Costa County Fire Protection
District, the provisions of this Section (Section 2. Health, Dental and
Related Benefits) will prevail.
2.31 Voluntary Vision Plan: Beginning no earlier than the 2018 plan year,
active permanent full-time and active permanent part-time employees will
be offered the opportunity to enroll in a voluntary vision plan. Employees
will pay the full premium costs of the plan. The District will contract with a
provider for a voluntary vision plan with no co-pays. The vision plan is not
available to temporary or permanent intermittent employees.
3. Transportation Expense
3.10 Mileage Reimbursement: The District will pay a mileage allowance for the
use of personal vehicles on District business at the rate allowed by the
Internal Revenue Service (IRS) as a tax deductible expense, adjusted to
reflect changes in this rate on the date it becomes effective or the first of
the month following announcement of the changed rate by the IRS,
whichever is later.
3.11 Commuter Benefit Program: The District will offer employees the option of
enrolling in an employee-funded qualified transportation (commuter)
benefit program designed to qualify for tax savings under section 132 (f) of
the Internal Revenue Code, but such savings are not guaranteed. The
Commuter Benefit Program will allow employees to set aside pre-tax
dollars for qualified transportation expenses to the extent and amount
allowed by the Internal Revenue Service.
4. Retirement Benefits
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4.10 Contribution. Employees are responsible for the payment of one hundred
percent (100%) of the employees’ basic retirement benefit contribution
determined annually by the Board of Retirement of the Contra Costa
County Employees’ Retirement Association, without the District paying
any part of the employees’ share. Employees are also responsible for
payment of the employees’ contribution for the retirement cost-of-living
program as determined annually by the Board of Retirement, without the
District paying any part of the employees’ contribution.
4.11 Safety Employees Retirement- Tier A- Employees Who Became Safety
Members of CCCERA Before January 1, 2013. The retirement formula of
“3 percent at 50" applies to all employees who became Safety members of
the Contra Costa County Employees Retirement Association (CCCERA)
on or before December 31, 2012. The cost-of-living adjustment (COLA) to
the retirement allowances of these employees will not exceed three
percent (3%) per year. The final compensation of these employees will be
based on a twelve (12) consecutive month salary average. This
retirement benefit will be known as Safety Tier A.
a. Until December 1, 2017, each employee will pay nine percent (9%) of
his/her retirement base to pay part of the employer’s contribution for
the cost of Safety Tier A retirement benefits.
b. For the period of December 1, 2017, through and including June 30,
2018, each employee in Tier A will pay six percent (6%) of his/her
retirement base to pay part of the employer’s contribution for the cost
of Safety Tier A retirement benefits.
c. For the period of July 1, 2018, through and including June 30, 2019,
each employee will pay three percent (3%) of his/her retirement base
to pay part of the employer’s contribution for the cost of Safety Tier A
retirement benefits.
d. Effective on July 1, 2019, each employee’s payment of three percent
(3%) of his/her retirement base to pay part of the employer’s
contribution for the cost of Safety Tier A retirement benefits will cease.
e. “Retirement base” means base salary and other payments, such as
salary differential and flat rate pay allowances, used to compute
retirement deductions.
4.12 Employees with More Than 30 Years of Continuous Service as Safety
Members- Tier A. Beginning on January 1, 2008 and pursuant to
Government Code section 31664.1, current and future employees in
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classifications that are governed by this Resolution and designated by the
Contra Costa County Employees’ Retirement Association as safety
members with credit for more than thirty (30) years of continuous service
as safety members, will not make payments from their retirement base to
pay part of the employer’s contribution towards the cost of Safety Tier A.
4.13 Safety Employees Retirement- Safety PEPRA Tier- Employees Who
Become Safety Members of CCCERA on or after January 1, 2013.
a. For employees who become Safety members of the Contra Costa County
Employees Retirement Association (CCCERA) on or after January 1, 2013,
retirement benefits are governed by the California Public Employees Pension
Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and
PEPRA Safety Option Plan Two (2.7% @ 57) applies. To the extent that this
resolution conflicts with any provision of PEPRA, PEPRA governs.
b. For employees who, under PEPRA, become Safety New members of
CCCERA on or after January 1, 2016, the cost of living adjustment to the
retirement allowance will not exceed two percent (2%) per year, and the cost
of living adjustment will be banked.
c. Sections 4.11 and 4.12, above, apply to employees who, under PEPRA,
become reciprocal Safety Members of CCCERA in Tier A, as determined by
CCCERA.
5. 414H2 Participation
The District will continue to implement Section 414(h) (2) of the Internal Revenue
Code which allows the Auditor-Controller to reduce the gross monthly pay of
employees by an amount equal to the employee’s total contribution to the County
Retirement System before Federal and State income taxes are withheld, and
forward that amount to the Retirement System. This program of deferred
retirement contribution is universal and non-voluntary.
6. Training
6.10 Career Development Training Reimbursement: All full-time employees
are eligible for career development training reimbursement not to exceed
seven hundred fifty dollars ($750) per fiscal year. The reimbursement of
training expenses includes books and is governed by any Administrative
Bulletins on Travel or Training.
6.11 Management Development Policy: Employees are authorized to attend
professional training programs, seminars, and workshops, during normal
work hours at the discretion of their Fire Chief, for the purpose of
developing knowledge, skills, and abilities, in the areas of supervision,
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management, and County/District policies and procedures. Up to thirty
(30) hours of such training time is recommended annually.
a. The District is encouraged to provide for professional development
training exceeding thirty (30) hours annually for people newly promoted to
positions of direct supervision.
b. Priority is given to professional training programs offered through the
County Training Institute. Other related and appropriate training/education
resources approved by the District are also allowable.
c. To encourage personal and professional growth, the District provides
reimbursement for certain expenses incurred by employees for job-related
training (required training and career development training/education).
Provision for eligibility and reimbursement identified in Administrative
Bulletin 112.9.
d. The Fire Chief is responsible for authorization of individual professional
development reimbursement requests. Reimbursement is through the
regular demand process with demands being accompanied by proof of
payment (copy of invoice or canceled check).
7. Bilingual Pay Differential:
A monthly salary differential will be paid to incumbents of positions requiring
bilingual proficiency as designated by the Fire Chief and the Contra Costa
County Director of Human Resources. The differential will be prorated for
employees working less than full time and/or on an unpaid leave of absence
during any given month. The differential is one hundred dollars ($100.00) per
month.
The designation of positions for which bilingual proficiency is required is the sole
prerogative of the District/County, and such designations may be amended or
deleted at any time.
8. Higher Pay for Work in a Higher Classification:
The County Salary Regulations notwithstanding, when an employee is required
to work in a higher paid classification, the employee will receive the higher
compensation for such work, pursuant to the County Salary Regulations, plus
any differentials and incentives the employee would have received in his/her
regular position. Unless the Board has by Resolution otherwise specified, the
higher pay entitlement will begin on the 41st consecutive hour in the assignment.
9. Other Terms and Conditions of Employment:
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9.10 Overtime Exempt Exclusion: Employees in unrepresented classifications
are overtime exempt and are not eligible for overtime pay, holiday pay,
overtime compensatory time, or holiday compensatory time. Instead,
these employees are awarded Annual Management Administrative Leave
in recognition of the extra burden their job responsibilities may sometimes
place on their work schedules. However, unrepresented employees may
be made eligible for overtime pay if their names are placed on the
Overtime Exempt Exclusion List by the County Administrator’s Office.
Employees on the Overtime Exempt Exclusion List are authorized to
receive overtime pay only. These employees are NOT eligible for holiday
pay, overtime compensatory time, or holiday compensatory time.
Employees on the Overtime Exempt Exclusion List are also NOT eligible
for Annual Management Administrative Leave for the quarter they are on
the Overtime Exempt Exclusion List. The policies and procedures for the
Overtime Exempt Exclusion List are set forth in the County Administrator’s
memo of November 6, 2002. This section does not apply to Special
Circumstance Overtime Compensation provided in Section 9.12.
9.11 Overtime: Employees on the Overtime Exempt Exclusion List will be
compensated at one and one-half (1.5) times their base rate of pay
(excluding differentials) for authorized work exceeding eight (8) hours in a
day or forty (40) hours in a week.
9.12 Special Circumstance Overtime Compensation. Straight-time pay for
special circumstance overtime will be paid at 1.0 times the employee’s
base rate of pay (including differentials) for hours worked that exceed
normal work hours only when an employee is assigned during any of the
following special circumstances:
a. Any incident lasting more than 12 hours within the Operational Area.
In such circumstance, the employee will be paid for all hours worked
during the incident exceeding their normal work hours that occur
before the twelfth hour of the incident; or
b. Mutual aid responses outside of the Operational Area where the
California Fire Assistance Agreement or other reimbursement
mechanism normally applies. Trainee assignments that are self-
initiated and are not reimbursable to the District shall not be
compensated under this section; or
c. At the Fire Chief’s discretion, a Deputy Fire Chief or forty (40) hour
Assistant Fire Chief may backfill an absent fifty-six (56) hour Assistant
Fire Chief. When this occurs, the backfill shall be compensated at a
forty (40) hour straight time rate of pay; or
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d. At the Fire Chief’s discretion for anticipated weather events, high fire
danger, increased overhead support for planned events, city or county
Emergency Operations Center (EOC) staffing, or for District
Operations Center (DOC) staffing.
The decision to provide or not provide straight-time compensation for
overtime work in these special circumstances is fully vested in the Fire
Chief, whose decision shall be final.
9.13 Length of Service Credits: Length of service credit will date from the
beginning of the last period of continuous County/District employment,
including temporary, provisional and permanent status and absences on
an approved leave of absence; except that when an employee separates
from a permanent position in good standing and is subsequently re-
employed in a permanent County/District position within two (2) years from
date of separation, the period of separation will be bridged. Under these
circumstances, the service credits will include all credits accumulated at
time of separation but will not include the period of separation. The
service credits of an employee are determined from employee status
records maintained by the Human Resources Department.
9.14 Mirror Classifications: As determined by the Director of Human
Resources, employees in unrepresented job classifications that mirror
management, represented or unrepresented job classifications may
receive the salary and fringe benefits that are received by employees in
the comparable mirror classifications.
9.15 Deep Classes: No provision of this Resolution regarding terms and
conditions of employment supersedes any provision in any Deep Class
Resolution.
9.16 Administrative Provisions: The County Administrator may establish
guidelines, bulletins or directives as necessary to further define or
implement the provisions of this resolution.
10. Management Longevity Pay
10.10 Ten Years of Service: Employees who have completed ten (10) years of
service for the District are eligible to receive a two and one-half percent
(2.5%) longevity differential effective on the first day of the month following
the month in which the employee qualifies for the ten (10) year service
award.
10.11 Fifteen Years of Service: Employees who have completed fifteen (15)
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years of service for the District are eligible to receive an additional two and
one-half percent (2.5%) longevity differential effective on the first day of
the month following the month in which the employee qualifies for the
fifteen (15) year service award. For employees who completed fifteen (15)
years of service on or before January 1, 2008, this longevity differential
will be paid prospectively only from January 1, 2008.
10.12 Twenty Years of Service: Effective July 1, 2022, employees who have
completed twenty (20) years of service for the District are eligible to
receive a two and one-half percent (2.5%) longevity differential effective
on the first day of the month following the month in which the employee
qualifies for the twenty (20) year service award. For employees who
completed twenty (20) years of service before July 1, 2022 this longevity
differential will be paid prospectively only from July 1, 2022.
11. Deferred Compensation
A. Deferred Compensation Incentive. The District will contribute eighty-five
dollars ($85) per month to each employee who participates in the County’s
Deferred Compensation Plan. To be eligible for this incentive, the employee
must contribute to the deferred compensation plan as indicated below:
Monthly Contribution
Employees with Qualifying Base Required to Maintain
Current Monthly Contribution Incentive Program
Salary of: Amount Eligibility
$2,500 and below $250 $50
$2,501 - 3,334 $500 $50
$3,335 - 4,167 $750 $50
$4,168 - 5,000 $1,000 $50
$5,001 - 5,834 $1,500 $100
$5,835 - 6,667 $2,000 $100
$6,668 and above $2,500 $100
Employees who discontinue contributions or who contribute less than the
required amount per month for a period of one (1) month or more will no
longer be eligible for the eighty five dollar ($85) District supplement. To
reestablish eligibility, employees must again make a Base Contribution
Amount as set forth above based on current monthly salary. Employees with
a break in deferred compensation contributions either because of an
approved medical leave or an approved financial hardship withdrawal will not
be required to reestablish eligibility. Further, employees who lose eligibility
due to displacement by layoff, but maintain contributions at the required level
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and are later employed in an eligible position, will not be required to
reestablish eligibility.
B. Eligibility for Loan Program. All employees are eligible to apply for loans
from the Contra Costa County Deferred Compensation Plan loan program
established by the Board of Supervisors on June 26, 2012, by Resolution No.
2012/298.
12. Annual Management Administrative Leave
a. On January 1st of each year, full-time employees on a forty (40) hour
schedule will be credited with ninety-four (94) hours of paid Management
Administrative Leave and full-time employees on a fifty-six hour schedule will
be credited with one hundred and thirty-two (132) hours of paid Management
Administrative Leave. This time is non-accruable and all balances will be
zeroed out on December 31 of each year.
b. Permanent part-time employees are eligible for Management
Administrative Leave on a prorated basis, based upon their position hours.
Permanent-intermittent employees are not eligible for Management
Administrative Leave.
c. Employees appointed (hired or promoted) to unrepresented management
positions are eligible for Management Administrative Leave on the first day of
the month following their appointment date and will receive Management
Administrative Leave on a prorated basis for that first year.
d. Employees on the Overtime Exempt Exclusion List are authorized to
receive overtime pay; therefore, their Management Administrative Leave will
be reduced by twenty-five percent (25%) each time the employee is on the
List. The twenty-five percent (25%) reduction will be deducted from the
employee’s current leave balance, but if there is no balance, it will be
deducted from future awarded Annual Management Administrative Leave.
13. Management Life Insurance
Employees are covered at District expense by term life insurance in the
amount of fifty seven thousand dollars ($57,000) in addition to the insurance
provided under Section 2.18.
14. Vacation Buy Back
Employees may elect payment of up to one-third (1/3) of their annual vacation
accrual, subject to the following conditions: (1) the choice can be made only
once every thirteen (13) months and there must be at least 12 full months
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between each election; (2) payment is based on an hourly rate determined by
dividing the employee’s monthly salary by 173.33 (242.66 for employees
working a 56-hour schedule); and (3) the maximum number of vacation hours
that may be paid in any one sale is one-third (1/3) of the annual accrual.
Where a lump-sum payment is made to employees as a retroactive general
salary adjustment for a portion of a calendar year that is subsequent to the
exercise by an employee of the vacation buy-back provision herein, that
employee’s vacation buy-back will be adjusted to reflect the percentage
difference in base pay rates upon which the lump-sum payment was
computed, provided that the period covered by the lump-sum payment
includes the effective date of the vacation buy-back.
15. Professional Development Reimbursement
With the exceptions of the Fire Chief, Assistant Chief(s), and Deputy Fire
Chief, employees are eligible for reimbursement of up to six hundred twenty-
five dollars ($625) for calendar year 2008 and for each two (2) year period
thereafter, for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job-related professional
development activities, and purchase of job-related computer hardware and
software (excludes automation connectivity, support, or subscription fees)
from a standardized County-approved list or with Fire Chief approval,
provided each employee complies with the provisions of the County’s
Computer Use and Security Policy adopted by the Board of Supervisors and
manuals. In order to receive reimbursement, the employee must have been in
an eligible classification when the expense was incurred.
Individual professional development reimbursement requests must be
approved by the Fire Chief. Reimbursement will occur through the regular
demand process with demands being accompanied by proof of payment
(copy of invoice or canceled check).
16. Sick Leave Incentive Plan
Employees may be eligible for a payoff of a part of unused sick leave accruals
at separation. This program is an incentive for employees to safeguard sick
leave accruals as protection against wage loss due to time lost for injury or
illness. Payoff must be approved by the Director of Human Resources, and is
subject to the following conditions:
a. The employee must have resigned in good standing.
b. Payout is not available if the employee is eligible to retire.
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c. The balance of sick leave at resignation must be at least seventy percent
(70%) of accruals earned in the preceding continuous period of employment,
excluding any sick leave use covered by the Family and Medical Leave Act,
the California Family Rights Act, or the California Pregnancy Disability Act.
d. Payout is by the following schedule:
Years of Payment
Continuous Service
Payment of Unused
Sick Leave Payable
3 – 5 years 30%
5 – 7 years 40%
7 plus years 50%
e. No payoff will be made pursuant to this section unless the Contra Costa
County Employees’ Retirement Association has certified that an employee
requesting a sick leave payoff has terminated membership in, and has
withdrawn his or her contributions from, the Retirement Association.
f. It is the intent of the Board of Supervisors that payments pursuant to this
section preclude County retirement benefits resulting from employment by
this County/District governed by the Board.
17. Video Display Terminal (VDT) Users Eye Examination
Employees are eligible to receive an annual eye examination on District time
and at District expense provided that the employee regularly uses a video
display terminal at least an average of two (2) hours per day as certified by
the Fire District.
Employees certified for examination under this program must make their
request through the Benefits Service Unit of the County Human Resources
Department. Should prescription VDT eyeglasses be prescribed for the
employee following the examination, the District agrees to provide, at no cost,
basic VDT eyewear consisting of a fifty dollar ($50) frame and single, bifocal
or trifocal lenses. Employees may, through individual arrangement between
the employee and the employee’s doctor and solely at the employee’s
expense, include blended lenses and other care, services or materials not
covered by the Plan.
18. Long-Term Disability Insurance
The County will continue in force the Long-Term Disability Insurance program
with a replacement limit of eighty-five (85%) of total monthly base earnings
reduced by any deductible benefits.
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19. Uniform Allowance
Effective October 1, 2015, the monthly uniform allowance for all employees in
classes for which a uniform is required shall be fifty-four dollars and fifty cents
($54.50) per month.
20. Fire Management Educational Allowance Program
Employees in the specified Fire District management classifications who
possess the certificates or educational degrees set forth below and/or meet
the continuing educational requirements set forth below, are eligible for
professional development educational allowances under the conditions set
forth below. This program is intended to encourage the professional
development of eligible Fire District Management personnel.
Only the following classifications are eligible to participate in this educational
allowance program:
Fire Chief- Contra Costa (RPA1)
Assistant Fire Chief–Exempt (RPB1)
Deputy Fire Chief- Exempt (RPB2)
Fire Marshal (RJGA)
Supervising Fire Inspector (RJHC)
Only the following job-related certificates and degrees are eligible for this
program:
a. A Certificate of Achievement in Fire Technology, Business Administration,
Management and Supervision, or a related field from an accredited college.
b. An Associated of Arts or Science Degree from an accredited college with a
major in Fire Technology, Business Administration, Management and
Supervision, or a related field.
c. A Chief Officer Certificate issued by the Office of the State Fire Marshal.
d. A Baccalaureate Degree from an accredited college or university with a
major in Business, Public Administration, or a related field.
All allowances will be designated as either temporary or permanent and will
be awarded in increments of two and one-half percent (2.5%) times the
employee’s base rate of pay. The combined temporary and permanent
educational allowances awarded to any employee may not exceed seven and
one-half percent (7.5%) times the employee’s base rate of pay.
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The following conditions must be satisfied in order to earn the designated
allowance:
Temporary Allowance
A temporary allowance of two and one-half percent (2.5%) times the
employee’s base rate of pay may be awarded for annually completing at least
forty (40) hours of pre-approved education or training or at least three (3) pre-
approved college semester units (or equivalent quarter units), or a pre-
approved combination thereof, in pursuit of any one of the certificates or
degrees set forth in options (a) through (d) above or as pre-approved by the
Fire Chief.
A temporary allowance is effective for a period of only twelve (12) months,
commencing on the first day of the month after proof of completion of course
work is received and approved by the Fire Chief or designee. Temporary
allowances automatically terminate at the end of month twelve (12).
A temporary allowance of two and one-half percent (2.5%) times the
employee’s base rate of payment may be awarded to the Fire Chief for
annually completing the above conditions, except that verification of eligibility
must be approved by the County Administrator or designee.
Permanent Allowances
A permanent allowance of two and one-half percent (2.5%) times the
employee’s base rate of pay may be awarded for possession of one (1) of the
certificates or degrees set forth in options (a) through (d) above. Only one (1)
two and one-half percent (2.5%) permanent allowance is available within this
category.
In the alternative, a permanent allowance of five percent (5%) may be
awarded for possession of those certificates or degrees in the following
combinations only: (1) options (b) and (c) or (2) options (a) and (d). An
employee receiving the five percent (5%) permanent allowance may not also
receive the two and one-half percent (2.5%) permanent allowance.
This program is subject to appropriate administrative guidelines and controls
promulgated by the Fire Chief and approved by the Director of Human
Resources to ensure that the standards set forth herein are met. Verification
of an employee’s eligibility must be by the Fire Chief or designee.
A permanent allowance of two and one-half percent (2.5%) times the
employee’s base rate of pay or the alternative five percent (5%) times the
employee’s base rate of pay may be awarded to the Fire Chief subject to the
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RESOLUTION NO.
same conditions described above for a permanent allowance, except that the
Fire Chief’s eligibility must be approved by the County Administrator or
designee.
Payment of any of the allowances set forth herein begins on the first day of
the month following the month in which: a) the Fire Chief verifies the
employee’s eligibility for that allowance, or b) the County Administrator or
designee verifies the Fire Chief’s eligibility for that allowance.
21. Fire Services Standby Duty with Emergency Recall Differential
All classifications covered by this Management Resolution, with the exception
of the Fire Chief-Contra Costa (RPA1), are required to do standby duty with
emergency recall for a minimum total of ten (10) days each month. A salary
differential in the amount of five percent (5%) of monthly base salary shall be
in effect for personnel assigned to standby duty with emergency recall.
Effective September 1, 2023, the five percent (5%) differential for standby
duty with emergency recall is eliminated. Employees will continue to perform
standby duty with emergency recall, and instead be compensated through an
increase to their base salary, and no additional differentials or special pays
will be provided.
22. Executive Professional Development Reimbursement
In lieu of the benefits provided in Section 15, the Fire Chief, Assistant
Chief(s), and Deputy Fire Chief are eligible for reimbursement of up to nine
hundred twenty-five dollars ($925) for calendar year 2008 and for each two
(2) year period thereafter, for memberships in professional organizations,
subscriptions to professional organizations, subscriptions to professional
publications, attendance fees at job-related professional development
activities, and purchase of job-related computer hardware and software
(excludes automation connectivity, support, or subscription fees) from a
standardized County-approved list or with Fire Chief approval, provided each
employee complies with the provisions of the County’s Computer Use and
Security Policy adopted by the Board of Supervisors and manuals. In order to
receive reimbursement, the employee must have been in an eligible
classification when the expense was incurred.
Individual professional development reimbursement requests must be
approved by the Fire Chief. Reimbursement will occur through the regular
demand process with demands being accompanied by proof of payment
(copy of invoice or cancelled check). Certifications regarding compliance with
County’s Computer Use and Security Policy may be required.
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RESOLUTION NO.
II. BENEFITS FOR FIRE CHIEF
As the Chief Officer of the Fire District and an Appointed Department Head, the Fire
Chief receives the benefits provided under Part I, except as modified below:
23. Automobile
The District will provide the Fire Chief with an appropriate vehicle. The Fire
Chief is not eligible for an Automobile Allowance.
24. Executive Life Insurance
In lieu of the insurance provided in Part I, Section 13, the Fire Chief is
covered, at District expense, by term life insurance in the amount of sixty
thousand dollars ($60,000), additional to the insurance provided under
Section 2.18.
25. Fire Management Educational Reimbursement
The Fire Chief is entitled to be reimbursed by the District for all Fire
Management educational expenses (tuition, fees, books, and the like)
incurred by the Fire Chief during his tenure as Fire Chief.
26. No Fire Services Standby Duty with Emergency Recall Differential
The Fire Chief is not eligible for the Fire Services Standby duty with
Emergency Recall Differential set forth in Part I, Section 21 of this Resolution.
27. No Vacation Buy Back
The Fire Chief is not eligible for the Vacation Buy Back plan set forth in Part I,
Section 14 of this Resolution.
[end]
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-289 Agenda Date:9/12/2023 Agenda #:C.1.
To:Board of Supervisors
From:Greg Baer, Director of Airports
Report Title:Hanger Rental Agreement with Buchanan Field Airport Hangar tenant
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Director of Airports,or designee,to execute a month-to-month hangar rental
agreement with Dane Quatacker,for a north-facing hangar at Buchanan Field Airport effective August 17,
2023, in the monthly amount of $380.00, Pacheco area (District IV).
FISCAL IMPACT:
The Airport Enterprise Fund will realize $4,560.00 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 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.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-289 Agenda Date:9/12/2023 Agenda #:C.1.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-290 Agenda Date:9/12/2023 Agenda #:C.2.
To:Board of Supervisors
From:Greg Baer, Director of Airports
Report Title:Approve and Authorize the Director of Airports, or designee, to execute a hangar rental agreement with
Buchanan Field Airport Hangar tenant
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Director of Airports,or designee,to execute a month-to-month hangar rental
agreement with Luis Sabillon,for a north-facing hangar at Buchanan Field Airport effective August 29,2023,in
the monthly amount of $380.00, Pacheco area (District IV).
FISCAL IMPACT:
The Airport Enterprise Fund will realize $4,560.00 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 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.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-290 Agenda Date:9/12/2023 Agenda #:C.2.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-291 Agenda Date:9/12/2023 Agenda #:C.3.
To:Board of Supervisors
From:Matt Slattengren, Ag Commissioner/Weights & Measures Director
Report Title:Contract with California Department of Food and Agriculture for Noxious Weed Abatement
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with
California Department of Food and Agriculture to reimburse the County in an amount not to exceed $42,421 to
perform strategic weed control and eradication for the period July 1, 2023, through June 30, 2025.
FISCAL IMPACT:
The Department will be reimbursed in an amount up to $42,421 by the California Department of Food and
Agriculture. 100% State funds.
BACKGROUND:
Contra Costa County Agriculture/Weights & Measures Department has a long history of weed management and
weed abatement. The Department has worked closely with state parks, regional parks districts, regional water
districts, various other entities, and private landowners to control noxious weeds. The Department will be
implementing control methods and mapping noxious weeds to protect endangered species as well as promote
regrowth of native and desirable plants.
CONSEQUENCE OF NEGATIVE ACTION:
A negative action would decrease the Department’s revenue and increase the spread of noxious weeds that are
not native to California.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-291 Agenda Date:9/12/2023 Agenda #:C.3.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-292 Agenda Date:9/12/2023 Agenda #:C.4.
To:Board of Supervisors
From:Matt Slattengren, Ag Commissioner/Weights & Measures Director
Report Title:Contract with California Department of Food and Agriculture for Organic Program Inspections
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the
California Department of Food and Agriculture in an amount not to exceed $3,575 to reimburse the County for
inspections to ensure compliance with the California Organic Program for the period of July 1, 2023, through
June 30, 2024.
FISCAL IMPACT:
This agreement reimburses the Department of Agriculture in an amount not to exceed $3,575. There is no
County match of funds or cost share requirements. This revenue is budgeted in the FY 2023-24 budget. 100%
State funds.
BACKGROUND:
This agreement will reimburse the Department for conducting inspections to verify compliance with the
California Department of Food and Agriculture requirements for the Organic Program.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to accept this agreement will cause a loss of revenue to the Department to enforce a mandated
regulation.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-292 Agenda Date:9/12/2023 Agenda #:C.4.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-293 Agenda Date:9/12/2023 Agenda #:C.5.
To:Board of Supervisors
From:Matt Slattengren, Ag Commissioner/Weights & Measures Director
Report Title:Contract with California Department of Food and Agriculture for Plant Nursery Inspections
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California
Department of Food and Agriculture in an amount not to exceed $2,403 to reimburse the County for plant nursery
inspections and related enforcement activities for the period July 1, 2023, through June 30, 2024.
FISCAL IMPACT:
Approval of this action will allow for reimbursement from the California Department of Food and Agriculture
to the County in an amount not to exceed $2,403. There is no county match of funds nor are grant funds
involved. There is no impact to the general fund. (100% State funds)
BACKGROUND:
This agreement with the California Department of Food and Agriculture provides reimbursement to the County
for the Agriculture Department expenses incurred for visual surveys of nurseries and to enforce all laws and
regulations pertaining to nursery stock, including licensing requirements. These visual inspections ensure that
certain regulatory requirements of the plant nursery industry are met, which protect consumers and stop and/or
slow the spread of exotic invasive species that maybe present on certain host material.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the department will not receive funds budgeted in the approved FY 2023-24 budget to
complete mandated inspections.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-367 Agenda Date:9/12/2023 Agenda #:C.6.
To:Board of Supervisors
From:Robert Campbell, Auditor-Controller
Report Title:Adoption of 2023-24 Secured Property Tax Rates and Authorization to Levy the 2023-24
Property Tax Roll
RECOMMENDATIONS:
ADOPT the fiscal year 2023-24 secured property tax rates as shown on Exhibit A, attached; AUTHORIZE the
levy of these rates and those adopted by cities and multi-county districts, as shown in Exhibit B, against the
taxable secured property within the County that is subject to each rate (anticipated revenues specified in Exhibit
A are subject to changes in the secured roll); and ADOPT and levy the 2023-24 tax rates as shown on Exhibit B
for the Unitary and Operating Non-Unitary property assessed by the State Board of Equalization with a single
countywide value, as recommended by the Auditor-Controller.
FISCAL IMPACT:
Adoption of the attached property tax rates will generate over $2.9 billion in property tax revenues to be
apportioned to the County, Cities, Schools and other eligible agencies.
BACKGROUND:
Under Government Code Section 29100, the Board of Supervisors (Board) is responsible for the adoption by
resolution of the tax rates for the current year secured property tax roll. The General Obligation Bond rates are
provided by the Auditor-Controller at a level adequate to support the annual debt service requirements and
necessary bond reserves. Government Code Section 29101 requires that the Board levy these rates on the
appropriate taxable property in the County. Revenue and Taxation Code Section 100(b) provides for the tax rate
to be applied to the Unitary and Operating Non-Unitary property.
However, with respect to the unitary property owned by BNSF Railway Company and Union Pacific Railroad
Company, the federal court entered stipulated judgments requiring the County to apply the countywide rate as
reported by the State Board of Equalization for private railroad car assessments.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this action will result in the County not being in compliance with Government Code Section
29101 and this will result in the loss of over $2.9 billion in property tax revenues.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-367 Agenda Date:9/12/2023 Agenda #:C.6.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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Exhibit A
Government Code Section 29142 allows a collection fee for debt service requirements on
bonds authorized and issued by special districts up to one-fourth of one percent. The tax
amounts and rates for special districts include an additional one-fourth of one percent as
the County's collection fee.
Amount to be raised Rate as Percentage
on Secured Roll of Full Value
Countywide tax $2,597,565,000 1.0000 %
LOCAL SPECIAL DISTRICTS
Contra Costa Water Land Levy 724,900 .0020
Pleasant Hill Rec. & Park 2009 1,449,200 .0141
SCHOOL DISTRICTS
ELEMENTARY:
Brentwood Elementary 1997 804,900 .0056
Brentwood Elementary 2003 2,273,200 .0158
Brentwood Elementary 2016 3,562,800 .0248
Byron Elementary 2006 994,600 .0250
Lafayette Elementary 2016 2,872,000 .0233
Moraga Elementary 2016 1,301,000 .0234
Oakley Elementary 1998 0 .0000
Oakley Elementary 2004 956,500 .0152
Oakley Elementary 2016 1,189,300 .0189
Orinda Elementary 0 .0000
Orinda Union 2018E 2,384,700 .0258
Orinda Union 2018I 2,396,700 .0259
Walnut Creek Elementary 1995 151,300 .0008
Walnut Creek Elementary 2002 1,770,100 .0092
Walnut Creek Elementary 2016 1,846,400 .0096
Walnut Creek Elementary 2022 2,325,700 .0121
HIGH SCHOOL:
Acalanes Union 1997 3,684,500 .0080
Acalanes Union 2002 10,912,800 .0235
Liberty Union 2001 3,102,900 .0122
Liberty Union 2016 4,122,700 .0161
UNIFIED SCHOOL DISTRICTS:
Antioch USD SFID 2008 4,754,100 .0542
Antioch USD SFID 2012 2,269,100 .0259
John Swett 2002 408,600 .0129
John Swett 2008 1,249,300 .0392
John Swett 2016-P 1,385,800 .0435
John Swett 2016-Q 833,300 .0262
Martinez Unified 2010 3,365,300 .0455
Martinez Unified 2016 3,646,400 .0493
Mt Diablo 2002 8,967,300 .0174
Mt Diablo 2010 22,354,200 .0434
Mt Diablo 2018 5,223,900 .0102
Pittsburg Unified 1995 0 .0000
Pittsburg Unified 2004 0 .0000
Pittsburg Unified 2006 457,600 .0076
Pittsburg Unified 2010 830,900 .0137
Pittsburg Unified 2014 1,404,700 .0231
Pittsburg Unified 2018 2,220,000 .0365
San Ramon Unified 2002 12,945,800 .0210
San Ramon Unified 2012 20,593,200 .0334
West Contra Costa Unified 1998 0 .0000
West Contra Costa Unified 2000 4,652,100 .0118
West Contra Costa Unified 2002 21,597,300 .0548
West Contra Costa Unified 2005 25,092,300 .0636
West Contra Costa Unified 2010 13,693,800 .0348
West Contra Costa Unified 2012 11,185,400 .0284
West Contra Costa Unified 2020 20,897,400 .0530
COMMUNITY COLLEGE:
CC Community College 2002 6,692,300 .0027
CC Community College 2006 10,978,700 .0043
CC Community College 2014 19,403,000 .0076
COUNTYWIDE TAX AND TAX RATES CALCULATED BY THE AUDITOR-CONTROLLER
131
Exhibit B
Rate as Percentage
of Full Value
MULTI-COUNTY DISTRICTS:
Bay Area Rapid Transit 2004 .0048 %
Bay Area Rapid Transit 2016 .0086
East Bay Regional Park .0057
Livermore Joint Unified 1999 .0270
Livermore Jt 2016 .0270
Chabot-Las Positas Comm Coll 2004 .0208
Chabot-Las Positas Comm Coll 2016 .0208
CITIES:
Orinda Roads Bond 2014 .0118
Orinda Roads Bond 2016 .0176
Brentwood, City of .0046
Lafayette, City of .0040
Richmond Pension Tax .1400
Martinez Park Bond 2008 .0166
TAX LEVY FOR UNITARY AND OPERATING NON-UNITARY PROPERTY FOR 2023/24
Rate as Percentage
of Full Value
Countywide Tax 1.9028 %
(Unitary)
BNSF and Union Pacific Railroad 1.1630 %
(Per Stipulated Judgment)
TAX RATES ADOPTED BY OTHER DISTRICTS
Per certifications received from the governing body of each district.
132
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-542 Agenda Date:9/12/2023 Agenda #:C.7.
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:September 2023 as Intergenerational Month
RECOMMENDATIONS:
PROCLAIM September 2023 as Intergenerational Month.
FISCAL IMPACT:
N/A
BACKGROUND:
None
CONSEQUENCE OF NEGATIVE ACTION:
None
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:RES 23-542 Agenda Date:9/12/2023 Agenda #:C.7.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
The Board of Supervisors of Contra Costa County, California
IN THE MATTER OF Proclaiming September 2023 as Intergenerational Month
WHEREAS, Intergenerational Month embodies a global movement celebrating the benefits of relationships
between older adults and younger people and affirming that people of every age have much to contribute, teach
and learn; and
WHEREAS, Intergenerational Month reminds us of the importance of inclusion of people of all ages,
backgrounds, and abilities, in all aspects of our communities; and
WHEREAS, Intergenerational Month recognizes the strengths of each generation and enables the transfer of
knowledge across generations; and
WHEREAS, Intergenerational Month celebrates creativity, cultural exchange, and generosity, resulting in more
integrated and thriving communities; and
WHEREAS, in Contra Costa County, older people are making up an increasing proportion of the population
and, according to Generations United (nonprofit leader for intergenerational strategies in the U.S.), nearly 8 out
of 10 adults want to spend time with more people outside their age group; and
WHEREAS, since 2017 in Contra Costa County, Choice in Aging and Choice in Learning Montessori
developed the innovative multicultural Young at Heart program to cultivate deep friendships between students
and elders, stopping ageism before it can take root, and teaching more than 120 children at a very young age
that older adults and people with disabilities have value; and
WHEREAS, 92 percent of Americans believe intergenerational activities can help reduce loneliness across all
ages (Generations United and The Eisner Foundation), and Contra Costa County’s Call to Action - Preventing
Interpersonal Violence recognizes that multi-generational community building encourages connectedness and
helps prevent interpersonal violence; and
WHEREAS, everyone can help bridge generations within our community by asking grandparents or grand
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:RES 23-542 Agenda Date:9/12/2023 Agenda #:C.7.
friends to teach them about their favorite activity, inviting them to share a story or memory, or participate in the
national #DoSomethingGrand campaign by posting a “grandie” photo with a grandparent, grandchild or grand
friend to social media leading up to Grandparents Week September 10 th - 16th.
NOW, THEREFORE, BE IT RESOLVED: that the Board of Supervisors does hereby proclaim September 2023
as Intergenerational Month in Contra Costa County and urges all residents to engage in efforts to foster strong
connections across generations, and support people of all ages actively participating in and contributing to our
communities.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-539 Agenda Date:9/12/2023 Agenda #:C.8.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Recognizing Steve Linsley for His Years as a Volunteer to Contra Costa County on the
Hazardous Materials Commission
RECOMMENDATIONS:
Honoring Steve Linsley for his years as a volunteer member on the Contra Costa County Hazardous Materials
Commission.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
See resolution.
CONSEQUENCE OF NEGATIVE ACTION:
N/A
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:RES 23-539 Agenda Date:9/12/2023 Agenda #:C.8.
The Board of Supervisors of Contra Costa County, California
IN THE MATTER OF:
Honoring Steve Linsley for his years as a volunteer member on the Contra Costa County Hazardous Materials
Commission
WHEREAS,since his appointment on February 9, 1998 Steve Linsley continuously served on the Hazardous
Materials Commission; and
WHEREAS, Steve Linsley represented first the Sierra Club and then the Richmond Southeast Shoreline Area
Community Advisory Group faithfully and with distinction; and
WHEREAS, Steve Linsley used his knowledge as a chemist and the particular expertise he developed about
contaminated site clean-up to contribute to the development of effective policy recommendations to the
Contra Costa County Board of Supervisors; and
WHEREAS, Steve Linsley collaborated with the other members of the Hazardous Materials Commission;
and
WHEREAS, Steve Linsley is being honored by his peers who are members of the Hazardous Materials
Commission at the occasion of their September, 2023 Monthly Commission meeting; and
THEREFORE, BE IT RESOLVED:
The County Board of Supervisors does hereby recognize Steve Linsley for his many contributions to the Contra
Costa County Hazardous Materials Commission and wishes him the best in his continued endeavors to support
the health and safety of Contra Costa County.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-540 Agenda Date:9/12/2023 Agenda #:C.9.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Recognizing Marj Leeds for Her Years as a Volunteer to Contra Costa County on the Hazardous
Materials Commission
RECOMMENDATIONS:
Honoring Marj Leeds for her years as a volunteer member on the Contra Costa County Hazardous Materials
Commission.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
See resolution.
CONSEQUENCE OF NEGATIVE ACTION:
N/A
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:RES 23-540 Agenda Date:9/12/2023 Agenda #:C.9.
The Board of Supervisors of Contra Costa County, California
IN THE MATTER OF
Honoring Marj Leeds for her years as a volunteer member on the Contra Costa County Hazardous Materials Commission
WHEREAS,since her appointment on January 28, 1997, Marj Leeds continuously served on the Hazardous Materials Commission;
and
WHEREAS, Marj Leeds represented the Contra Costa Taxpayers Association faithfully and with distinction; and
WHEREAS, Marj Leeds used her knowledge as a Safety Engineer and the expertise she developed as the manager of the Shell
Chemical Company to contribute to the development of effective policy recommendations to the Contra Costa County Board of
Supervisors; and
WHEREAS, Marj Leeds collaborated with the other members of the Hazardous Materials Commission; and
WHEREAS, Marj Leeds is being honored by her peers who are members of the Hazardous Materials Commission at the occasion of
their September, 2023 Monthly Commission meeting; and
THEREFORE, BE IT RESOLVED:
The County Board of Supervisors does hereby recognize Marj Leeds for her many contributions to the Contra Costa County
Hazardous Materials Commission and wishes her the best in her continued endeavors to support the health and safety of Contra Costa
County.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-541 Agenda Date:9/12/2023 Agenda #:
C.10.
To:Board of Supervisors
From:Diane Burgis, District III Supervisor
Report Title:Resolution for International Girls in Aviation Day
RECOMMENDATIONS:
Adopt Resolution for International Girls in Aviation Day
FISCAL IMPACT:
N/A
BACKGROUND:
None.
CONSEQUENCE OF NEGATIVE ACTION:
None.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:RES 23-541 Agenda Date:9/12/2023 Agenda #:
C.10.
The Board of Supervisors of Contra Costa County, California
IN THE MATTER OF RECOGNIZING THE 9th ANNUAL INTERNATIONAL GIRLS IN AVIATION
DAY
WHEREAS, the United States is recognized as the global leader in aerospace safety, efficiency, and innovation;
and
WHEREAS, local leaders in government and in the community recognize the importance of the aerospace
industry to the economic prosperity, national security, and citizen safety of the United States and that the
aerospace industry is dependent upon a skilled workforce to maintain this exemplary level of quality; and
WHEREAS, women have been involved in aviation since its earliest days, from E. Lillian Todd, who designed
and built aircraft in 1906, to Harriet Quimby who, in 1911 became the first woman to earn a pilot certificate
and cross the English Channel, to Helen Richey, who became the first woman pilot for a U.S. commercial
airline in 1934, to Astronaut Dr. Sally Ride who, in 1983, was the first American woman in space, to Jeana
Yeager who copiloted the first non-stop, non-refueled flight around the world in 1986, to Astronaut Eileen
Collins, who became the first female Space Shuttle pilot in 1997 and first female Space Shuttle Commander in
1999; and
WHEREAS, during the last two decades, although the number of women involved in the aviation industry has
steadily increased, only 16 percent of people working in the aircraft, spacecraft, and manufacturing industry are
female; and
WHEREAS, it is agreed that the path to increasing participation is through a collaborative effort by
government, industry, and dedicated organizations and individuals designed to inspire girls to pursue aerospace-
based goals, prepare female students through quality aerospace STEM curriculum and expose girls to positive
female role models; and
NOW, THEREFORE, BE IT RESOLVED:that the Contra Costa County Board of Supervisors does hereby
proclaim September 23, 2023, as Girls in Aviation Day and encourage all citizens, businesses, public, and
private agencies, media, and educational institutions to support and participate in Girls in Aviation Day events
being held nationwide by Women in Aviation International Chapters, promoting girls in aviation and aerospace.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:RES 23-541 Agenda Date:9/12/2023 Agenda #:
C.10.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-294 Agenda Date:9/12/2023 Agenda #:
C.11.
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Board Members’ meeting reports for August 2023
RECOMMENDATIONS:
ACCEPT Board members’ meeting reports for August 2023.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended
for which there has been expense reimbursement (mileage, meals, lodging, etcetera). The attached reports were
submitted by the Board of Supervisors members in satisfaction of this requirement. District I and V have
nothing to report.
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors will not be in compliance with Government Code 53232.3(d).
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
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Supervisor Candace Andersen, District 2 – AB1234 Monthly Meeting Report August 2023
Date Meeting Name Location
3 EBEDA Oakland
144
Date Meeting Name Location
2-Aug Mental Health Commission Meeting Martinez
4-Aug Family and Human Services Committee Meeting Martinez
7-Aug Los Medanos Healthcare Committee Meeting Pittsburg
14-Aug Meeting with County Administrator, Monica Nino Martinez
25-Aug Board of Supervisors Special Meeting Martinez
25-Aug Jewish Community Relations Council event Lafayette
Supervisor Ken Carlson - August 2023 AB1234 Report
(Government Code Section 53232.3(d) requires that members legislative bodies report on meetings
attended for which there has been expense reimbursement (mileage, meals, lodging, etc).
* Reimbursement may come from an agency other than Contra Costa County
145
Purpose
Decision on Agenda Items
Decision on Agenda Items
Decision on Agenda Items
Monthly Briefing
Decision on Agenda Items
Community Outreach
Supervisor Ken Carlson - August 2023 AB1234 Report
(Government Code Section 53232.3(d) requires that members legislative bodies report on meetings
attended for which there has been expense reimbursement (mileage, meals, lodging, etc).
146
Date Meeting Name Location Purpose
1-Aug Board of Supervisors Meeting Martinez Meeting
2-Aug Northern Waterfront Ad Hoc Committee Martinez Meeting
3-Aug
Open Space/Parks & EBRPD Liaison
Committee Martinez Meeting
3-Aug Meeting w/County Administrator, Monica Nino Martinez Meeting
8-Aug Board of Supervisors Meeting Martinez Meeting
15-Aug Board of Supervisors Meeting Martinez Meeting
25-Aug Board of Supervisors Meeting Martinez Meeting
30-Aug DWR Conveyance Tour Sacramento Tour
Supervisor Diane Burgis - August 2023 AB1234 Report
(Government Code Section 53232.3(d) requires that members legislative
bodies report on meetings attended for which there has been expense
reimbursement (mileage, meals, lodging, etc).
* Reimbursement may come from an agency other than Contra Costa County
147
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-295 Agenda Date:9/12/2023 Agenda #:
C.12.
To:Board of Supervisors
From:John Gioia, District I Supervisor
Report Title:District I Alternate Seat Vacancy on the Library Commission
RECOMMENDATIONS:
ACCEPT the resignation of Carolyn Wysinger from the Library Commission, DECLARE a vacancy in the
District 1 alternate seat on the Library Commission and DIRECT the Clerk of the Board to post the vacancy.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
Carolyn Wysinger was appointed by the Board of Supervisors as the District 1 alternate to the Library
Commission on February 8, 2022. The current term ends on June 30, 2026.
CONSEQUENCE OF NEGATIVE ACTION:
The Library Commission may not be able to conduct routine business.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-296 Agenda Date:9/12/2023 Agenda #:
C.13.
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Reclamation District 799 Election Board
RECOMMENDATIONS:
APPOINT Dina Holder as Inspector, and Mike Alvarez and Kevin Vornhagen as Judges of Election to
compose the election board for the Board of Trustees of Reclamation District 799 (Hotchkiss Tract)
November 14, 2023 mail-ballot election.
FISCAL IMPACT:
None.
BACKGROUND:
The Board of Supervisors has received the attached correspondence from Dina Holder, District Secretary for
Reclamation District 799 (Hotchkiss Tract), requesting appointment of an election board for the District's
independent election on November 14, 2023 for two contested seats on its Board of Trustees. Pursuant to
Water Code section 50700, the election board shall consist of one inspector and two judges of election, all of
whom shall be landowners or the legal representatives of landowners within the District. The Board of
Trustees of the District respectfully requests appointment of the following qualifying individuals:
Landowner or Legal Representative Role
Dina Holder Inspector
Mike Alvarez Judge of Election
Kevin Vornhagen Judge of Election
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
powered by Legistar™149
File #:23-296 Agenda Date:9/12/2023 Agenda #:
C.13.
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the election board for Board of Trustees for Reclamation District 799 (Hotchkiss
Tract) would not be approved.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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151
152
153
154
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-368 Agenda Date:9/12/2023 Agenda #:
C.14.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Appointments to the Alcohol and Other Drugs Advisory Board
RECOMMENDATIONS:
APPOINT the following individuals to the seats referenced below on the Alcohol and Other Drugs Advisory
Board (AODAB):
-Member At-Large Seat 1: Vanessa Rogers, Walnut Creek, CA 94597 for term ending June 30, 2026
-Member At-Large Seat 6: Sadhika Pendyala, San Ramon, CA 94582 for term ending June 30, 2025
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 supervisorial district seats,six At-Large
Member Seats and three At-Large Alternate Seats.The findings and recommendations are provided to the
Board of Supervisors,the Health Services Department,Behavioral Health Division and the Alcohol and Other
Drugs Administration (AODS).The AODAB is comprised by five Supervisorial District Seats,six At-Large
Member Seats and three At-Large Alternate Seats.Vanessa Rogers would like to be appointed to the Member
At-Large Seat 1 and Sadhika Pendyala would like to be appointed to the Member At-Large Seat 6.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved,these seats will remain unfilled which will impact the advisory body’s ability to achieve
quorum.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
powered by Legistar™155
CCCAODS will provide reasonable accommodations for persons with disabilities planning to attend the meetings who should contact staff at least
24 hours before the meeting at (925) 335-3307.
The Contra Costa County Alcohol and Other Drugs Advisory Board welcomes and encourages public participation at each meeting. Public comments on the agenda or any
item of interest within the jurisdiction of the Contra Costa County Alcohol and Other Drugs Advisory Board are restricted to a maximum of three minutes per speaker. Topics
not posted on the agenda may be addressed by the general public, however, California Law prohibits a Board or Commission from taking action on matters which are not on
the agenda, unless in specific instances as stated under the Brown Act. Any person wishing to address this Board on matters not posted on the agenda should bring their
request to the attention of the Chair, Vice Chair or Staff of the Board. Thank you. For more information, contact Fatima Matal Sol (925) 335-3307.
“The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding prevention and treatment of
alcohol and other drug-related problems. Resultant findings and recommendations are forwarded to the Health Services Department and the Board of Supervisors. The
Board also serves as an advocate for these findings and recommendations to the communities that we serve.”
Date: August 29, 2023
To: Family and Human Services Committee, Contra Costa Board of Supervisors
From: Fatima Matal Sol, Staff to Alcohol and Other Drugs Advisory Board (AODAB)
RE: AODAB – At Large Member Appointment Recommendation
The Alcohol and Other Drugs Advisory Board (AODAB), in its continued efforts to maintain full
membership that represents the diversity in our community and county, hereby makes the
following recommendation to appoint Vanessa Rogers to an At-Large Seat #1 with an
expiration term of June 30, 2026.
NOMINEE SEAT TERM EXPIRATION
Vanessa Rogers Member-at-Large Seat 1 6/30/2026
Three years
Vanessa Rogers is a health and wellness coach who has family experience with substance
use. She is passionate about prompting healthy changes, collaborating and organizing with
community members to connect individuals and families to substance use services and
resources. She is a resident of the City of Walnut Creek. Should you have any questions,
please contact me at:
Phone: 925-335-3307
Email: Fatima.MatalSol@cchealth.org
Thank you in advance for your kind consideration in this matter.
Contra Costa County Alcohol and Other Drugs Advisory Board
1220 Morello Avenue, Suite 101
Martinez, CA 94553
(925) 335–3307; fax (925) 335–3311
District I
Vacant
District 2
Shelley Clark
District 3
Cynthia Chavez
District 4
Kristin Smith
District 5
Logan Campbell
At- Large Member
Vacant
Nicole Armstrong
Vacant
Rhiannon Shires, Psy.D
Nicole Green
Vacant
At- Large Alternate
Vacant
Vacant
Vacant
156
Submit Date: Aug 07, 2023
First Name Middle Initial Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone
Email Address
Employer Job Title
Contra Costa County Boards & Commissions
Application Form
Profile
District Locator Tool
Resident of Supervisorial District:
District 2
Length of Employment
Do you work in Contra Costa County?
Yes No
If Yes, in which District do you work?
How long have you lived or worked in Contra Costa County?
Are you a veteran of the U.S. Armed Forces?
Yes No
Board and Interest
Which Boards would you like to apply for?
Alcohol and Other Drugs Advisory Board: Submitted
Seat Name
At-Large 1 or District 1
Sadhika Pendyala
7326 Balmoral Way
San Ramon CA 94582
Mobile: (925) 918-7957
sadhikapendyala@gmail.com
Sadhika Pendyala
157
Have you ever attended a meeting of the advisory board for which you are applying?
Yes No
If Yes, how many meetings have you attended?
Education
Select the option that applies to your high school education *
High School Diploma
College/ University A
Name of College Attended
Degree Type / Course of Study / Major
Degree Awarded?
Yes No
College/ University B
Name of College Attended
Degree Type / Course of Study / Major
Degree Awarded?
Yes No
College/ University C
Name of College Attended
Degree Type / Course of Study / Major
Degree Awarded?
Yes No
Other Trainings & Occupational Licenses
Other Training A
Administration of Naloxone
Sadhika Pendyala
158
Upload a Resume
Certificate Awarded for Training?
Yes No
Other Training B
Certificate Awarded for Training?
Yes No
Occupational Licenses Completed:
Qualifications and Volunteer Experience
Please explain why you would like to serve on this particular board, commitee, or
commission.
As a 16 year old high schooler and a dedicated member of the San Ramon community who is passionate
about public health and spreading awareness about drug abuse, that I can contribute to the AOD advisory
board. One of the most significant aspects when working on projects for the community is collaboration
and communication. Serving on this board would allow me to work alongside esteemed professionals,
community leaders, and dedicated individuals who share a common vision of a substance-free and
thriving community. Together, we can leverage our diverse shared experiences to drive meaningful
change. I also believe that I can deliver a unique perspective to this board, as I am youth ambassador for
the NCAPDA, a local organization based in the San Ramon region that aims to spread awareness about
adverse effects of opioids and other commonly abused drugs. I can also provide more insight into
policies, actions, programs that can help reduce drug and marijuana misuse rates in high school districts.
With my background in developing a public health campaign on maternal mortality, I can devise more
engaging initiatives relating to prevention for high schoolers. Additionally, the opportunity to serve on this
advisory board represents more than just a role; it signifies a chance to create a lasting legacy of positive
change and a hope to protect future generations from the dangers of substance abuse.
Describe your qualifications for this appointment. (NOTE: you may also include a copy of
your resume with this application)
For the past 18 months, I have been working with NCAPDA as a youth ambassador to spread awareness
about drug abuse and misuse throughout the San Ramon and Dublin area. As part of this effort, I have
received the PVSA Gold Award for volunteering for 100 + hours and received recognition from the Dublin
City Council for spreading awareness about opioid abuse. Additionally, over the past year I have worked
on creating a public health campaign that aims to decrease maternal mortality rates in Bauchi, Nigeria,
which is currently implemented by facilitators in the region. With this project, I have developed many
interpersonal skills such as effective communication, leadership, and collaboration. I have also received
the opportunity to be a part of the John Hopkins Global Health Leaders Conference, where I got to learn
and engage with high ranking individuals in the field of public health such as U.S Surgeon General, Dr.
Vivek Murthy. By engaging with these leaders, I have learned important aspects about management, how
to create successful public health projects, and make meaningful contributions to the AOD Advisory
Board.
Sadhika Pendyala
159
Would you like to be considered for appointment to other advisory bodies for which you
may be qualified?
Yes No
Do you have any obligations that might affect your attendance at scheduled meetings?
Yes No
If Yes, please explain:
Are you currently or have you ever been appointed to a Contra Costa County advisory
board?
Yes No
If Yes, please list the Contra Costa County advisory board(s) on which you are currently
serving:
If Yes, please also list the Contra Costa County advisory board(s) on which you have
previously served:
List any volunteer or community experience, including any advisory boards on which you
have served.
With NCAPDA, I have been able to engage with the San Ramon and Dublin community in relevant ways.
For example, I have interviewed members of the community who were affected by drug misuse and
helped bring their story to a wider audience through social media. By participating at various panels for
school districts or the county, I also help inform others by addressing their common concerns about drug
abuse to reducing the stigma behind addiction. Additionally, by tabling at our booth at community events
such as the Dublin St. Patrick’s Day Celebration and the San Ramon Art & Wind Festival, I encourage
people to learn the signs of overdose and teach interested individuals on how to use NARCAN kit in case
of an emergency. I have also had the chance the opportunity to speak at regional San Ramon City
Council meetings on the importance of community effort in reducing overdose and drug-related incidents,
and been recognized by the Dublin City Council for efforts to spread awareness about this issue.
Conflict of Interest and Certification
Do you have a familial or financial relationship with a member of the Board of Supervisors?
(Please refer to the relationships listed under the "Important Information" section below or
Resolution No. 2021/234)
Yes No
If Yes, please identify the nature of the relationship:
Sadhika Pendyala
160
Do you have any financial relationships with the County such as grants, contracts, or other
economic relationships?
Yes No
If Yes, please identify the nature of the relationship:
Please Agree with the Following Statement
I CERTIFY that the statements made by me in this application are true, complete, and correct
to the best of my knowledge and belief, and are made in good faith. I acknowledge and
undersand that all information in this application is publicly accessible. I understand that
misstatements and/or omissions of material fact may cause forfeiture of my rights to serve
on a board, committee, or commission in Contra Costa County.
I Agree
Important Information
1. This application and any attachments you provide to it is a public document and is subject to
the California Public Records Act (CA Government Code §6250-6270).
2. All members of appointed bodies are required to take the advisory body training provided by
Contra Costa County.
3. Members of certain boards, commissions, and committees may be required to: (1) file a
Statement of Economic Interest Form also known as a Form 700, and (2) complete the State
Ethics Training Course as required by AB 1234.
4. Meetings may be held in various locations and some locations may not be accessible by
public transportation.
5. Meeting dates and times are subject to change and may occur up to two (2) days per month.
6. Some boards, committees, or commissions may assign members to subcommittees or work
groups which may require an additional commitment of time.
7. As indicated in Board Resolution 2021/234, a person will not be eligible for appointment if
he/she is related to a Board of Supervisors' member in any of the following relationships:
(1) Mother, father, son, and daughter;
(2) Brother, sister, grandmother, grandfather, grandson, and granddaughter;
(3) Husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepson, and
stepdaughter;
(4) Registered domestic partner, pursuant to California Family Code section 297;
(5) The relatives, as defined in 1 and 2 above, for a registered domestic partner;
(6) Any person with whom a Board Member shares a financial interest as defined in the
Political Reform Act (Gov't Code §87103, Financial Interest), such as a business partner or
business associate.
Sadhika Pendyala
161
Sadhika Pendyala
Cell:(925)918-7957 ■sadhikapendyala@gmail.com
SUMMARY
●Won 1st place in Dartmouth’s Building the Modern MD writing competition in the category
Government —“Assessing the Management of the Fentanyl Crisis”
○Submitted to the Journal -Dartmouth’s Undergraduate Journal of Science
●Won 2nd Place at Contra Costa County Science and Engineering Fair for Project on “How
different concentrations of sodium nitrate fertilizer impact the oxygen production rate of
Elodea canadensis”
●Received 3rd place UC Davis Biotechnology Poster Challenge 2023 in the category of
Biomanufacturing:Drug-Related for poster on RNA therapeutics
●Recognized by Dublin City Council for efforts to prevent opioid misuse throughout the
community
●Languages:
○Native Proficiency in English
○Limited Working Proficiency in Spanish
●Interpersonal Skills:
○Excellent communication and listening skills,and responsible &motivated individual
EDUCATION
The Quarry Lane School August 2021-June 2025
●Unweighted GPA:3.95,Weighted GPA:4.49
●Received a score of 4 -AP Computer Science Principles
●Vice President of QLS Environmental Club
●Member of California Scholarship Federation (CSF),Biology Olympiad Club,and the QLS
Roar (School Newspaper)
●Placed on Dean’s List for both semesters in 9th grade &10th grade
Rosetta Institute of Biomedical Research
Bioinformatics Workshop December 26th -December 30nd 2022
●Participated in an introductory course on bioinformatics under Dr.Juhi Ojha
●Presented an independent report on the usage of Medical Bioinformatics in Cancer Biology
Research
Cancer Workshop June 19th -July 2nd 2022
●Voted as one of the Top 5 Presenters
●Attended Molecular Biology of Cancer Course under Dr.Ryan Holzer (UCSD)
●Presented an independent project on the Inhibition of SMO with sonidegib on the Sonic
Hedgehog pathway
Medicinal Chemistry Workshop Dec 26th -Dec 30th 2021
●Participated in an introductory course on Medicinal Chemistry under Dr.Henry Charlier
●Utilized Visual Molecular Dynamics (VMD)to observe the molecular structure of a drug
●Presented a group project on the drug Cisplatin,discussing its background and adverse
effects
WORK EXPERIENCE
Leadership Initiatives
International Public Health Internship Aug 31st 2022 -April 05 2023
●Raised over 400 dollars through GlobalGiving’s fundraiser for our public health campaign
162
●Created a public health campaign on maternal mortality,specifically on the topic of
postpartum care which will be implemented in Bauchi,Nigeria
●Managed the scheduling of project coordinator and facilitator meetings
Advanced Medical &Public Health Internship Aug 1st -Aug 12th 2022
●Interacted with speakers (MDs &PhDs)from diverse backgrounds in public health and
medicine
●Diagnosed a patient in Bauchi,Nigeria for Malaria and Nutritional Anemia,under the
guidance of Dr.Halima Garba (Emory University)
●Presented a group project on the Prevention of Nutritional Anemia
●Developed a community workshop on how to prevent Nutritional Anemia with advice from
local doctors at Nagari Medical Clinic in Bauchi
Aspiring Scholars Directed Research Program June 2022 -Present
Renganathan Lab Group June 2022 -Present
●Developing a manuscript for our work on sulforaphane and cephalotaxine on C.Elegans
●Presented our work at Southern California Conference for Undergraduate Research Fall 2022
●Performed synergistic studies (survivability assays and IC50 assay)on C.Elegans to find the
most effective concentrations of cephalotaxine and sulforaphane
●Synthesized Epigallocatechin/Ascorbic Acid encapsulated nanoparticles using the double
emulsion method
NCAPDA Youth Ambassador Program March 2022 -Present
●Received recognition from Dublin City Council for efforts to help prevent the opioid
overdose in the community through various volunteer projects and presentations.
●Volunteered to pack 40+opioid overdose kits,which consisted of naloxone and other
materials to aid in an opioid overdose
●Conducted an interview with other Youth Ambassadors on the topic of cough medicine
misuse
●Participated in SEWA Virtual Panel and Dublin High panels and answered any questions
regarding opioid abuse among teens
EXTRACURRICULAR ACTIVITIES
SPNAPA Academy of Bharatanatyam 2013-Present
●Performed at Hindu temples to raise money for charities such as Trenton Soup Kitchen,
Global Giving’s Nepal Earthquake fundraiser,and Hurricane Harvey Relief
Piano 2013-Present
MTAC Exams 2017-Present
●Completed and passed a total of 5 levels:Levels 2,4,5,6,7,and 9
○Received Branch Honors and State Honors in Level 5
PUBLICATIONS/PRESENTATIONS
●“Effects of Sulforaphane and Cephalotaxine as Anticancer Agents on Caenorhabditis
elegans”Southern California Conferences for Undergraduate Research,October 2022
●“Assessing the Management of the Fentanyl Crisis”,Dartmouth Undergraduate Journal
of Science,September 2022
163
164
CCCAODS will provide reasonable accommodations for persons with disabilities planning to attend the meetings who should contact staff at least
24 hours before the meeting at (925) 335-3307.
The Contra Costa County Alcohol and Other Drugs Advisory Board welcomes and encourages public participation at each meeting. Public comments on the agenda or any
item of interest within the jurisdiction of the Contra Costa County Alcohol and Other Drugs Advisory Board are restricted to a maximum of three minutes per speaker. Topics
not posted on the agenda may be addressed by the general public, however, California Law prohibits a Board or Commission from taking action on matters which are not on
the agenda, unless in specific instances as stated under the Brown Act. Any person wishing to address this Board on matters not posted on the agenda should bring their
request to the attention of the Chair, Vice Chair or Staff of the Board. Thank you. For more information, contact Fatima Matal Sol (925) 335-3307.
“The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding prevention and treatment of
alcohol and other drug-related problems. Resultant findings and recommendations are forwarded to the Health Services Department and the Board of Supervisors. The
Board also serves as an advocate for these findings and recommendations to the communities that we serve.”
Date: August 29, 2023
To: Family and Human Services Committee, Contra Costa Board of Supervisors
From: Fatima Matal Sol, Staff to Alcohol and Other Drugs Advisory Board (AODAB)
RE: AODAB – At Large Member Appointment Recommendation
The Alcohol and Other Drugs Advisory Board (AODAB), in its continued efforts to maintain full
membership that represents the diversity in our community and county, hereby makes the
following recommendation to appoint Sahika Pendyala to an At-Large Seat #6 with an
expiration term of June 30, 2025.
NOMINEE SEAT TERM EXPIRATION
Sahika Pendyala Member-at-Large Seat 6 6/30/2025
Sadhika Pendyala is a high schooler in Contra Costa County who is aware of the harmful
effects of substance use amongst youth. Sadhika has experience working with the National
Coalition Against Prescription Drug Abuse (NCAPDA), and is eager to address peer pressure,
stigma, and raise awareness of substance use overall. She is a resident of the City of San
Ramon. Should you have any questions, please contact me at:
Phone: 925-335-3307
Email: Fatima.MatalSol@cchealth.org
Thank you in advance for your kind consideration in this matter.
Contra Costa County Alcohol and Other Drugs Advisory Board
1220 Morello Avenue, Suite 101
Martinez, CA 94553
(925) 335–3307; fax (925) 335–3311
District I
Vacant
District 2
Shelley Clark
District 3
Cynthia Chavez
District 4
Kristin Smith
District 5
Logan Campbell
At- Large Member
Vacant
Nicole Armstrong
Vacant
Rhiannon Shires, Psy.D
Nicole Green
Vacant
At- Large Alternate
Vacant
Vacant
Vacant
165
CCCAODS will provide reasonable accommodations for persons with disabilities planning to attend the meetings who should contact staff at least
24 hours before the meeting at (925) 335-3307.
The Contra Costa County Alcohol and Other Drugs Advisory Board welcomes and encourages public participation at each meeting. Public comments on the agenda or any
item of interest within the jurisdiction of the Contra Costa County Alcohol and Other Drugs Advisory Board are restricted to a maximum of three minutes per speaker. Topics
not posted on the agenda may be addressed by the general public, however, California Law prohibits a Board or Commission from taking action on matters which are not on
the agenda, unless in specific instances as stated under the Brown Act. Any person wishing to address this Board on matters not posted on the agenda should bring their
request to the attention of the Chair, Vice Chair or Staff of the Board. Thank you. For more information, contact Fatima Matal Sol (925) 335-3307.
“The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding prevention and treatment of
alcohol and other drug-related problems. Resultant findings and recommendations are forwarded to the Health Services Department and the Board of Supervisors. The
Board also serves as an advocate for these findings and recommendations to the communities that we serve.”
Date: August 29, 2023
To: Family and Human Services Committee, Contra Costa Board of Supervisors
From: Fatima Matal Sol, Staff to Alcohol and Other Drugs Advisory Board (AODAB)
RE: AODAB – At Large Member Appointment Recommendation
The Alcohol and Other Drugs Advisory Board (AODAB), in its continued efforts to maintain full
membership that represents the diversity in our community and county, hereby makes the
following recommendation to appoint Vanessa Rogers to an At-Large Seat #1 with an
expiration term of June 30, 2026.
NOMINEE SEAT TERM EXPIRATION
Vanessa Rogers Member-at-Large Seat 1 6/30/2026
Three years
Vanessa Rogers is a health and wellness coach who has family experience with substance
use. She is passionate about prompting healthy changes, collaborating and organizing with
community members to connect individuals and families to substance use services and
resources. She is a resident of the City of Walnut Creek. Should you have any questions,
please contact me at:
Phone: 925-335-3307
Email: Fatima.MatalSol@cchealth.org
Thank you in advance for your kind consideration in this matter.
Contra Costa County Alcohol and Other Drugs Advisory Board
1220 Morello Avenue, Suite 101
Martinez, CA 94553
(925) 335–3307; fax (925) 335–3311
District I
Vacant
District 2
Shelley Clark
District 3
Cynthia Chavez
District 4
Kristin Smith
District 5
Logan Campbell
At- Large Member
Vacant
Nicole Armstrong
Vacant
Rhiannon Shires, Psy.D
Nicole Green
Vacant
At- Large Alternate
Vacant
Vacant
Vacant
166
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-297 Agenda Date:9/12/2023 Agenda #:
C.15.
To:Board of Supervisors
From:Diane Burgis, District III Supervisor
Report Title:APPOINTMENT TO THE AVIATION ADVISORY COMMITTEE
RECOMMENDATIONS:
APPOINT Jeffrey Geddes to the District 3 Seat on the Aviation Advisory Committee to a term expiring
February 28, 2024, as recommended by Supervisor Burgis.
FISCAL IMPACT:
None.
BACKGROUND:
The Aviation Advisory Committee (AAC) was established in 1977 to provide advice and recommendations to
the Board of Supervisors on aviation issues related to the Contra Costa County Airports. The AAC works to
advance aviation while giving those community members living and working near the Airports a chance to stay
informed on Airport matters as well as voice their opinions and concerns. The AAC also provides a forum for
vetting policy matters related to Buchanan Field and Byron Airports.
CONSEQUENCE OF NEGATIVE ACTION:
The set would remain vacant.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
powered by Legistar™167
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-298 Agenda Date:9/12/2023 Agenda #:
C.16.
To:Board of Supervisors
From:Transportation, Water and Infrastructure Committee
Report Title:Re-Appointment of Regional Measure 3 Independent Oversight Committee Members
RECOMMENDATIONS:
APPOINT Nazanin Shakerin and Kathy Chang to the Regional Measure 3 Independent Oversight Committee
(IOC) for a term ending on June 30, 2027.
FISCAL IMPACT:
None to the County. RM3 IOC members are eligible for a $50.00 per meeting stipend (maximum of 4
meetings/year) and reimbursement of actual travel expenses as defined by the Bay Area Toll Authority (BATA).
The stipend and travel reimbursement are both paid for by BATA.
BACKGROUND:
Senate Bill 595 (SB 595 - 2017) required the nine Bay Area counties to conduct a special election, known as
Regional Measure 3 (RM3), on a proposed increase to toll rates on state-owned bridges in the region. The
revenue from toll increases would fund several transportation projects and programs, including roadway
operations, transit, and goods movement, that would provide congestion relief on transportation corridors at or
approaching bridges throughout the Bay Area. This election took place on June 5, 2018, with voters approving
a three-dollar toll increase, phased in one-dollar increments every three years through 2025, with the first one-
dollar increase effective January 1, 2019.
SB 595 also required that the Bay Area Toll Authority (BATA) establish an independent oversight committee
(IOC), comprised of two citizen representatives from each Bay Area county, within six months of the effective
date of the toll increase. The RM3 IOC would convene to ensure that any toll revenues generated pursuant to
the RM3 toll increase would be expended consistent with the applicable requirements of the RM3 expenditure
plan, which contains a list of eligible transportation projects and programs.
At its July 9, 2019 meeting, the Board of Supervisors referred the IOC citizen representative recruitment to the
Transportation, Water, and Infrastructure Committee (TWIC), and subsequently, on August 6, 2019, the Board
authorized TWIC to select two citizen representatives. On August 12, 2019, TWIC interviewed seven
applicants and selected Nazanin Shakerin and Kathy Chang to be appointed as the County citizen
representatives to the IOC, with their terms ending August 12, 2023. On October 9, 2019, the Metropolitan
Transportation Commission's (MTC) BATA Oversight Committee approved the County's appointments.
Shortly after voter approval of RM3, a lawsuit was filed to halt the toll increases. Due to the legal dispute, toll
revenue already collected could not be disbursed to the eligible transportation projects and programs in the
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File #:23-298 Agenda Date:9/12/2023 Agenda #:
C.16.
RM3 expenditure plan and the RM3 IOC has never convened. The legal dispute concluded in January 2023,
with the court ruling in favor of RM3. BATA began allocating RM3 revenue to transportation projects and
programs in June 2023. The RM3 IOC is expected to begin convening meetings soon.
UPDATE
In April 2023, MTC staff reached out to the County to request its appointment/reappointment of two
representatives to the RM3 IOC for a term from July 2023 through June 2027.
When reached out to by County staff, both Ms. Shakerin and Ms. Chang expressed interest in continuing in
their role as County RM3 IOC representatives. At its August 14, 2023 meeting, TWIC recommended that the
Board of Supervisors re-appoint Ms. Shakerin and Ms. Chang to the RM3 IOC for a new term ending in June
30, 2027.
For reference, copies of Ms. Shakerin and Ms. Chang’s application and resume received during the 2019 RM3
IOC recruitment process are included as exhibits.
CONSEQUENCE OF NEGATIVE ACTION:
The County will have no representation on the RM3 Independent Oversight Committee.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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Submit Date: Aug 07, 2019
First Name Middle Initial Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone
Email Address
Contra Costa County Boards & Commissions
Application Form
Profile
Which supervisorial district do you live in?
District 2
Education
Select the option that applies to your high school education *
High School Dipoloma
College/ University A
Name of College Attended
UC Berkeley
Degree Type / Course of Study / Major
Masters/Transportation Engineering
Degree Awarded?
Yes No
College/ University B
Name of College Attended
UC Berkeley
Nazanin Shakerin
Alamo CA 94507
Nazanin Shakerin Page 1 of 4
170
Degree Type / Course of Study / Major
Bachelors/Architecture
Degree Awarded?
Yes No
College/ University C
Name of College Attended
Degree Type / Course of Study / Major
Degree Awarded?
Yes No
Other schools / training completed:
Course Studied
Many extension courses offered by ITS at UC Berkeley
Hours Completed
Over 100 hours
Certificate Awarded?
Yes No
Board and Interest
Which Boards would you like to apply for?
Contra Costa County Transportation Authority Citizens Advisory Committee (BOS Appointee): Submitted
Iron Horse Corridor Management Program Advisory Committee: Submitted
Contra Costa Transportation Authority - Bicycle and Pedestrian Adv. Committee (BOS Appointees):
Submitted
Regional Measure 3 Independent Oversight Committee: Submitted
Seat Name
Have you ever attended a meeting of the advisory board for which you are applying?
Yes No
If you have attended, how many meetings have you attended?
Nazanin Shakerin Page 2 of 4
171
Upload a Resume
Please explain why you would like to serve on this particular board, commitee, or
commission.
My education and work experience is in the Transportation Engineering field and I believe I can contribute
my expertise to the County commissions and committees which deal with various modes of transportation
from planning, operation, construction, and oversight aspects.
Qualifications and Volunteer Experience
I would like to be considered for appointment to other advisory boards for which I may be
qualified.
Yes No
Are you currently or have you ever been appointed to a Contra Costa County advisory
board, commission, or committee?
Yes No
List any volunteer or cummunity experience, including any advisory boards on which you
have served.
Have attended numerous conferences, seminars, city council, town hall and neighborhood meetings
during the course of my career in Transportation.
Describe your qualifications for this appointment. (NOTE: you may also include a copy of
your resume with this application)
I have a Masters degree in Transportation Engineering and have worked for both public and private
sectors in this field for 31 years. I am now retired and would like to be involved in the oversight and
implementation of Transportation related measures by providing my expertise for the betterment of my
community.
Conflict of Interest and Certification
Do you have a Familial or Financial Relationship with a member of the Board of
Supervisors?
Yes No
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants, contracts, or other
economic relations?
Yes No
Nazanin_Shakerin-_Resume.pdf
Nazanin Shakerin Page 3 of 4
172
If Yes, please identify the nature of the relationship:
Please Agree with the Following Statement
I certify that the statements made by me in this application are true, complete, and correct to
the best of my knowledge and belief, and are made in good faith. I acknowledge and
undersand that all information in this application is publicly accessible. I understand that
misstatements and/or omissions of material fact may cause forfeiture of my rights to serve
on a board, committee, or commission in Contra Costa County.
I Agree
Nazanin Shakerin Page 4 of 4
173
Nazanin Shakerin
Objective: With 31 years of professional experience in the Transportation Engineering field, I
would like to contribute my time and expertise to any County Commission which does work
and/or oversight in transportation planning and operations.
Work Experience:
Town of Danville 1996-2015
Ensys Engineering 1994-1996
Korve Engineering 1992-1994
TJKM Transportation Consultants 1988-1992
DKS & Associates 1984-1988
-Monitored townwide traffic signal operations
-Implemented and managed Neighborhood Traffic Management Program (NTMP)
-Reviewed and approved traffic impact studies
-Designed and timed traffic signals
-Managed transportation related Capital Improvement Projects (CIP)
-Prepared work scope for traffic impact studies
-Reviewed site plans and circulation plans
-Reviewed and approved roadway signing and striping plans
-Reviewed and approved traffic control plans
-Coordinated project design and construction with other public agencies; Caltrans, MTC
-Responded to citizen inquiries
Education:
University of California, Berkeley
-Bachelors of Arts in Architecture May 1981
-Masters of Science in Transportation Engineering May 1984
-Affiliations: Institute of Transportation Engineers
Skills:
-Traffic signal design
-Traffic impact studies
-Report preparation
-Presentation to elected officials
-Conduct neighborhood meetings
-Perform field work and site assessment for projects
174
Submit Date: Aug 04, 2019
First Name Middle Initial Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone
Email Address
Contra Costa County Boards & Commissions
Application Form
Profile
Which supervisorial district do you live in?
District 3
Education
Select the option that applies to your high school education *
High School Dipoloma
College/ University A
Name of College Attended
University of Oregon
Degree Type / Course of Study / Major
MS in Accounting
Degree Awarded?
Yes No
College/ University B
Name of College Attended
National Chung Hsing University
Kathy Chang
Antioch CA 94531
Kathy Chang Page 1 of 4
175
Degree Type / Course of Study / Major
Bachelor in Business Administration
Degree Awarded?
Yes No
College/ University C
Name of College Attended
Degree Type / Course of Study / Major
Degree Awarded?
Yes No
Other schools / training completed:
Course Studied
ACWA/JPIA Leadership Program
Hours Completed
40
Certificate Awarded?
Yes No
Board and Interest
Which Boards would you like to apply for?
Contra Costa County Transportation Authority Citizens Advisory Committee (BOS Appointee): Submitted
Regional Measure 3 Independent Oversight Committee: Submitted
Seat Name
Kathy Chang
Have you ever attended a meeting of the advisory board for which you are applying?
Yes No
If you have attended, how many meetings have you attended?
Kathy Chang Page 2 of 4
176
Upload a Resume
Please explain why you would like to serve on this particular board, commitee, or
commission.
I have had more than 20 years in local government finance including grant administration. In retirement, I
want to continue to contribute to civil services from a different perspective. Additionally I have also
completed the ACWA/JPIA leadership program. I'm committed to bringing leadership, financial oversight
and stewardship to the Boards and Commissions.
Qualifications and Volunteer Experience
I would like to be considered for appointment to other advisory boards for which I may be
qualified.
Yes No
Are you currently or have you ever been appointed to a Contra Costa County advisory
board, commission, or committee?
Yes No
List any volunteer or cummunity experience, including any advisory boards on which you
have served.
Describe your qualifications for this appointment. (NOTE: you may also include a copy of
your resume with this application)
I am interested in serving the Regional Measure 3 Independent Oversight Committee. I have more than
20 years of experience in local government finance, including grant administration. In retirement, I want to
continue to contribute to civil services from a different perspective. The following is an overview of my
work experience: I was the Finance Manager of two local government agencies from May 2013 to
November 2018: Delta Diablo in Antioch and Scotts Valley Water District in Scotts Valley. Primary
responsibilities included but not limited to financial operations, annual budget, annual audits, CAFR and
other financial reports, investment, debt management, grants, utility billing, fee/rate study, customer
service, ERP system administration, and supervising 2.5 to 5.0 FTE positions. Additional employment
history included Principal Financial Analyst in the City of Santa Clara for 3 years and Principal Budget
Analyst in the City of Santa Monica for 9 years. In both cities, I coordinated and prepared the annual
operating and capital budgets, General Fund 5-year forecast, mid-year and year-end budget reviews,
special projects and various studies. I supervised two analysts in the City of Santa Monica. More details
can be found in the resume following the letter. I am committed to bringing leadership, financial
stewardship and oversight to the Contra Costa County Boards and Commissions. Thank you.
Conflict of Interest and Certification
Do you have a Familial or Financial Relationship with a member of the Board of
Supervisors?
Yes No
Measure_3_Supervisor.pdf
Kathy Chang Page 3 of 4
177
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants, contracts, or other
economic relations?
Yes No
If Yes, please identify the nature of the relationship:
Please Agree with the Following Statement
I certify that the statements made by me in this application are true, complete, and correct to
the best of my knowledge and belief, and are made in good faith. I acknowledge and
undersand that all information in this application is publicly accessible. I understand that
misstatements and/or omissions of material fact may cause forfeiture of my rights to serve
on a board, committee, or commission in Contra Costa County.
I Agree
Kathy Chang Page 4 of 4
178
Kathy Chang
Cell:
Email:
August 4, 2019
Contra Costa County Boards and Commission,
I am interested in serving the Regional Measure 3 Independent Oversight Committee. I have more
than 20 years of experience in local government finance, including grant administration. In
retirement, I want to continue to contribute to civil services from a different perspective.
The following is an overview of my work experience:
I was the Finance Manager of two local government agencies from May 2013 to November 2018:
Delta Diablo in Antioch and Scotts Valley Water District in Scotts Valley. Primary responsibilities
included but not limited to financial operations, annual budget, annual audits, CAFR and other
financial reports, investment, debt management, grants, utility billing, fee/rate study, customer
service, ERP system administration, and supervising 2.5 to 5.0 FTE positions.
Additional employment history included Principal Financial Analyst in the City of Santa Clara for 3
years and Principal Budget Analyst in the City of Santa Monica for 9 years. In both cities, I
coordinated and prepared the annual operating and capital budgets, General Fund 5-year forecast,
mid-year and year-end budget reviews, special projects and various studies. I supervised two
analysts in the City of Santa Monica. More details can be found in the resume following the letter.
I am committed to bringing leadership, financial stewardship and oversight to the Contra Costa
County Boards and Commissions. Thank you.
Truly yours,
Kathy Chang, CPA
I strive for fiscal transparency, accountability, excellence and stewardship.
179
Kathy Chang, CPA
Career Experience
Delta Diablo District, March 2018 – November 2018
Finance Manager
Primary responsibilities included annual budget, financial audits, CAFR, financial operations,
investment, parcel data administration, Tyler Munis system administration, agenda reports, Finance
Committee and full board meetings, purchasing, supervising 5.0 FTE positions, special projects, etc.
Scotts Valley Water District, May 2013 – March 2018
Finance Manager /Interim Finance Manager (for the first three months)
Manager of the Finance Department with primary responsibilities in financial operations and customer
service, annual audit and financial reporting, comprehensive fee/rate study, annual work plan, monthly
Finance Committee meetings, annual budget, cash receipts and disbursements, payroll processing,
investment, debt management, grants, regulatory reports, etc. Supervise 2.5 FTE positions.
Accomplishments:
Collaborated with other executive team members to: revamp the Administrative Codes,
modernizing District operations; conduct a comprehensive fee/rate study and successfully
complete the Prop 218 process, achieving fiscal sustainability; and work with a debt refunding
team to refund two debts with a fixed rate loan, saving $700,000 in net present value
Transformed the Division from a manual paper pushing operation to a highly automated one
embracing technology and best business practices with a successful implementation of a new
financial management system
Mentored and transitioned staff to more value added tasks and fostered team work and team
spirit in a fast changing environment
City of Santa Clara, March, 2010 – May, 2013
Principal Financial Analyst
Primary responsibilities included but were not limited to planning, coordinating, developing and/or preparing
annual Operating and CIP budgets, five-year forecast, year-end budget review, budget debriefings for future
improvements, property and liability insurance programs, MOU costing for labor negotiations and special
projects. Project manager for the cost allocation plan and implementation of a new budgeting system.
Accomplishments:
Implemented process and efficiency improvements to streamline the 2011-12 and 2012-13 budget
processes, and revamped the Operating and CIP budget instructions for the 2011-12 budget
Provided leadership and guidance to citywide departments throughout the annual Operating and CIP
budget processes. Won accolades for excellent customer and financial services.
Successfully completed the 2012-13 Cost Allocation Plan updates in time for the 2013-14 Operating
Budget preparations; successfully completed the high level architecture design and the fit/gap
analysis for the Hyperion Budgeting System upgrades.
City of Santa Monica, February, 2001 – March, 2010
Principal Budget Analyst
180
The role of the Principal Budget Analyst had changed significantly as the budget office evolved during a
period of three City Managers and three Finance Directors. Responsibilities over the years included: saw to
the annual budget process, supervised two senior budget analysts, conducted citywide budget training, led the
mid-year and year-end budget review preparations, recommended the 5-year forecast assumptions, prepared
the general fund 5-year expenditure forecast, reviewed the bi-weekly Council staff reports for budget and
financial impacts, monitored budget vs. actual for all City funds during the year and at year-end and worked
on special projects.
Key Achievements:
Gradually took over the budget preparation, coordination and analytical responsibilities previously assumed
by Finance Director and/or Budget Manager.
Brought the annual operating budget document to be a GFOA award winner since FY 2004-05.
Standardized the five-year expenditure forecast methodology and conducted sensitivity analysis using
various economic scenarios.
City of Santa Monica
Senior Administrative Analyst-Budget (2000 – 2001)
Acting Senior Administrative Analyst-Budget (1998-2000)
Analyzed budget issues pertaining to assigned departments and provided recommendations to department
directors and the City Manager’s Office for decision-making. Participated in the annual budget preparation,
mid-year and year-end budget review preparation and the ICMA performance measurement templates
review. Assisted in special projects.
CERTIFICATE AND EDUCATION
Member of Arizona Society of Certified Public Accountants since 1998 (10828-E)
Master of Science in Accounting
University of Oregon – Eugene, Oregon
Bachelor of Arts in Business Administration
National Chung Hsing University, Taipei, Taiwan
Summary of Qualifications
Experience: Extensive experience in special district and municipal finance in leadership roles with
strengths in financial operations, annual budget preparations, interdepartmental coordination, process
and efficiency improvements, communication and interpersonal skills. Core competences include:
Leadership and management
skills
Financial and treasury
operations
Annual audit and financial
reporting
Fiscal policies, rules and
regulations
Operating and CIP budget
preparations and budget
balancing strategies
5-year Forecast
GAAP and GASB
Rate study and
implementations
Debt administration
Special projects
Agenda reports
Risk management and
insurance programs
Skills: Analytical, resourceful, problem solving, customer service oriented, computer literate (Office
365, Springbrook, Tyler Munis, JDE One World and PeopleSoft), goal and task driven, planning,
coordinating and excellent verbal and written communication skills.
181
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-299 Agenda Date:9/12/2023 Agenda #:
C.17.
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:MOVE SEAT ON THE ADVISORY COUNCIL ON AGING
RECOMMENDATIONS:
MOVE Thomas Lang from the At-Large Alternate #4 seat to the Member-at-Large #1 seat changing the term
ending date to September 30, 2024, as recommended by the Advisory Council on Aging.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
The Advisory Council on Aging (ACOA) provides a means for county-wide planning, cooperation and
coordination for individuals and groups interested in improving and developing services and opportunities for
the older residents of this County. The Council provides leadership and advocacy on behalf of older persons
and serves as a channel of communication and information on aging. The Advisory Council on Aging consists
of 40 members serving two-year staggered terms, each ending on September 30. The Council consists of
representatives of the target population and the general public, including older low-income and military
persons; at least one-half of the membership must be made up of actual consumers of services under the Area
Plan. The Council includes: 19 representatives recommended from each Local Committee on Aging; 1
representative from the Nutrition Project Council; 1 Retired Senior Volunteer Program, and 19 Members at-
Large.
The Advisory Council on Aging (ACOA) met and determined that they would like to move Mr. Thomas Lang
from the Alternate #4 seat to the Member-at-Large #1 seat.
CONSEQUENCE OF NEGATIVE ACTION:
The member will remain in an alternate seat rather than an at-large seat.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-553 Agenda Date:9/12/2023 Agenda #:
C.18.
To: Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Green Empowerment Zone for the Northern Waterfront Area of Contra Costa County
RECOMMENDATIONS:
1.ADOPT a Resolution to approve the County's participation in the Green Empowerment Zone for the
Northern Waterfront Area of Contra Costa County.
2.APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an
agreement with the Governor's Office of Business and Economic Development (GO-Biz) in an amount
not to exceed $5,000,000 to compensate the County for providing administrative and other support
services for the Green Empowerment Zone for the period July 1, 2023 through June 30, 2026.
FISCAL IMPACT:
Execution of the agreement will result in State revenue not to exceed $5,000,000 to the Department of
Conservation and Development to be used to provide administrative and other support services for the Green
Empowerment Zone consistent with the State legislation AB 179, the Budget Act of 2022. The term of this
Agreement is July 1, 2023 - June 30, 2026.
No Local matching funds are required as a condition of the County accepting these funds.
BACKGROUND:
On September 28, 2021, AB 844 (Grayson) was signed by Governor Newsom.
According to the Legislative Counsel’s digest:
“This bill, until January 1, 2028, would authorize establishment of a Green Empowerment Zone for the
Northern Waterfront area of the County of Contra Costa. The bill would authorize the Green Empowerment
Zone to be composed of specified cities, upon adoption of a resolution by the city or county and would provide
for the Green Empowerment Zone to be governed by a board of directors. The bill would task the Green
Empowerment Zone with various duties, including, among other things, identification of projects and programs
that will best utilize public dollars and improve the economic vitality of the Northern Waterfront area of the
County of Contra Costa in a coordinated effort to support the development of the clean energy economy.”
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The bill requires the Green Empowerment Zone to create and maintain an internet website that is managed and
updated by an entity designated by the board of directors, produce a report each year that includes
recommendations for action by the Legislature and the progress of the zone, and post the report on its internet
website, as specified.
The Contra Costa Green Empowerment Zone (the GEZ) will serve as an organizational framework to assist the
region in a just transition to a lower carbon economy. The idea for a Green Empowerment Zone builds off two
previous efforts: The Northern Waterfront Economic Development Initiative and the San Joaquin Partnership.
The Northern Waterfront Economic Development Initiative has already laid the groundwork for the regional
scope and membership of the GEZ. The San Joaquin Partnership provides a framework for legislation and
cooperation with federal partners.
When fully implemented, the GEZ will allow stakeholders to leverage additional economic development tools,
including:
·Federal Empowerment Zones/Enterprise Communities
·The California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA)
·The California Energy Commission’s Clean Transportation Program
·The California Workforce Development Board's High Road Training Partnerships Program.
The GEZ will be governed by an executive board of directors with the following duties:
·Identify projects and programs that will best utilize public dollars and most quickly improve the
economic vitality of the Northern Waterfront area of the County of Contra Costa, especially those that
leverage federal, state, local, and private sector resources in a coordinated effort to support the
development of the clean energy economy.
·Work with members of the state’s congressional delegation and federal official, including any relevant
federal interagency task force, to gain federal support for projects identified by the zone as critical to the
region’s energy economy.
·Partner with the University of California, the California State University, community colleges, and the
state’s other research and educational institutions, as well as private foundations, to provide guidance,
advice, and encouragement in support of studies of particular interest and importance to the energy
industry in the Northern Waterfront area of the County of Contra Costa.
·Review state policies and regulations to ensure they are fair and appropriate for the state’s diverse
geographic regions, including the Northern Waterfront area of the County of Contra Costa, and
determine whether alternative approaches can accomplish goals in less costly ways.
·Make recommendations to the Governor that would improve the economic well-being of the region and
the quality of life of its residents.
·Create and maintain an internet website that is managed and updated by an entity designated by the
board of directors.
On February 28, 2023, the Board of Supervisors approved the appointment of Chair John Gioia to the Board of
Directors of the Green Empowerment Zone, and designated Supervisor Federal Glover as the alternate member
for Contra Costa County. Staff is recommending approval of the Resolution to officially authorize County
participation in the GEZ.
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Staff also recommends approval of the proposed agreement with the Governor’s Office of Business and
Economic Development (GO-Biz). Under the proposed agreement, the County would provide administrative
and other support services to assist the Green Empowerment Zone in fulfilling its mission to improve the
economic vitality of the region that includes the Northern Waterfront area of the County and support the
development of the County’s clean energy economy. The County may, at its discretion, make expenditures of
the funds in furtherance of the Green Empowerment Zone purposes. It is the County’s intention to seek Green
Empowerment Zone Board input on expenditures of these state funds. The County’s Northern Waterfront
Economic Development Initiative and Just Transition Economic Revitalization Plan are complementary efforts
to the Green Empowerment Zone, and the County can serve to coordinate these efforts.
CONSEQUENCE OF NEGATIVE ACTION:
Staff would not be authorized to execute the agreement and County would not receive State funds for
administrative and other support services for the Green Empowerment Zone. This would result in a lost
opportunity to enhance the economic development of the County by coordinating the Green Empowerment
Zone with the complementary efforts of the County’s Northern Waterfront Economic Development Initiative
and Just Transition Economic Revitalization Plan.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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File #:RES 23-553 Agenda Date:9/12/2023 Agenda #:
C.18.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF the Green Empowerment Zone for the Northern Waterfront Area of the County of
Contra Costa.
WHEREAS, on September 28, 2021, AB 844 (Grayson) was signed by Governor Newsom.
WHEREAS, according to the Legislative Counsel’s digest: “This bill, until January 1, 2028, would authorize
establishment of a Green Empowerment Zone for the Northern Waterfront Area of the County of Contra
Costa.”
WHEREAS, the bill authorizes the Green Empowerment Zone to be composed of Contra Costa County and
specified cities, upon adoption of a resolution by the city or county, and provides for the Green Empowerment
Zone to be governed by a board of directors.
WHEREAS, the bill tasks the Green Empowerment Zone with various duties, including, among other things,
identification of projects and programs that will best utilize public dollars and improve the economic vitality of
the Northern Waterfront area of the County of Contra Costa in a coordinated effort to support the development
of the clean energy economy.
WHEREAS, the bill requires the Green Empowerment Zone to create and maintain an internet website that is
managed and updated by an entity designated by the board of directors, produce a report each year that includes
recommendations for action by the Legislature and the progress of the zone, and post the report on its internet
website, as specified.
WHEREAS, the Contra Costa Green Empowerment Zone (the GEZ) will serve as an organizational framework
to assist the region in a just transition to a lower carbon economy.
WHEREAS, the idea for a Green Empowerment Zone builds off two previous efforts: The Northern Waterfront
Economic Development Initiative and the San Joaquin Partnership. The Northern Waterfront Economic
Development Initiative has already laid the groundwork for the regional scope and membership of the GEZ.
The San Joaquin Partnership provides a framework for legislation and cooperation with federal partners.
WHEREAS, when fully implemented, the GEZ will allow stakeholders to leverage additional economic
development tools, including:
·Federal Empowerment Zones/Enterprise Communities
·The California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA)
·The California Energy Commission’s Clean Transportation Program
·The California Workforce Development Board's High Road Training Partnerships Program.
WHEREAS, the Green Empowerment Zone will be governed by an executive board of directors with the
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File #:RES 23-553 Agenda Date:9/12/2023 Agenda #:
C.18.
following duties:
·Identify projects and programs that will best utilize public dollars and most quickly improve the
economic vitality of the Northern Waterfront area of the County of Contra Costa, especially those that
leverage federal, state, local, and private sector resources in a coordinated effort to support the
development of the clean energy economy.
·Work with members of the state’s congressional delegation and federal official, including any relevant
federal interagency task force, to gain federal support for projects identified by the zone as critical to the
region’s energy economy.
·Partner with the University of California, the California State University, community colleges, and the
state’s other research and educational institutions, as well as private foundations, to provide guidance,
advice, and encouragement in support of studies of particular interest and importance to the energy
industry in the Northern Waterfront area of the County of Contra Costa.
·Review state policies and regulations to ensure they are fair and appropriate for the state’s diverse
geographic regions, including the Northern Waterfront area of the County of Contra Costa, and
determine whether alternative approaches can accomplish goals in less costly ways.
·Make recommendations to the Governor that would improve the economic well-being of the region and
the quality of life of its residents.
·Create and maintain an internet website that is managed and updated by an entity designated by the
board of directors.
WHEREAS, on February 28, 2023, the Board of Supervisors approved the appointment of Chair John Gioia to
the board of directors of the Green Empowerment Zone, and designated Supervisor Federal Glover as the
alternate member for Contra Costa County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Contra Costa will
participate in the Green Empowerment Zone for the Northern Waterfront Area of Contra Costa County.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 5 of 5
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-301 Agenda Date:9/12/2023 Agenda #:
C.19.
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Contract Amendment with First Carbon Solutions
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract
amendment with First Carbon Solutions, to extend the term from September 15, 2023 through September 14,
2025 with no change to the payment limit, to continue providing on-call environmental services, Countywide.
FISCAL IMPACT:
No impact to the County's General Fund. Project costs are covered by project applicant fees.
BACKGROUND:
In September 2018, the Public Works Development (PWD) entered into a contract with First Carbon Solutions
("Contractor") in an amount not to exceed $274,974 for the period September 15, 2018, through September 15,
2023, to provide on-call environmental services (e.g., Environmental Impact Reports, development and peer
review of technical analysis’). In March 2022, changes to the project scope required additional contract services
which necessitated a budget augment of $18,223 for a total contract amount of $293,197. Land development
projects utilizing these services are still underway and staff has determined it is necessary to extend this
contract to allow the Contractor to continue providing services.
CONSEQUENCE OF NEGATIVE ACTION:
If the recommended action is not approved, First Carbon Solutions would not be able to continue to provide
services, which may result in delayed delivery of environmental documents.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
powered by Legistar™188
File #:23-301 Agenda Date:9/12/2023 Agenda #:
C.19.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
powered by Legistar™189
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-369 Agenda Date:9/12/2023 Agenda #:
C.20.
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:PROPOSED RESPONSE TO GRAND JURY REPORT NO. 2306, AFFORDABLE
HOUSING - A PLAN WITHOUT A HOME
RECOMMENDATIONS:
ADOPT report prepared by the Department of Conservation and Development as the Board of Supervisors'
response to Contra Costa Civil Grand Jury Report No. 2306, entitled “Affordable Housing - A Plan Without a
Home” (Report), and DIRECT the Clerk of the Board to transmit the Board's response to the Superior Court no
later than September 18, 2023.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The 2022/23 Civil Grand Jury filed the above-referenced report dated June 14, 2023 (see Attachment) which
was addressed to and received by the Board of Supervisors on June 20, 2023 and subsequently referred to the
County Administrator and the Department of Conservation and Development Director, who prepared the
attached response (see Attachment)
The civil grand jury began the investigation for the report by understanding how Contra Costa County (County
and cities) is addressing the need for affordable housing. They began by reviewing California Housing and
Community Development reports titled Regional Housing Needs Allocation (RHNA) results for the County,
which identify housing permits issued for various income levels, related to the allocation of units assigned to
various jurisdictions. After reviewing these reports, the grand jury concluded that most cities and
unincorporated Contra Costa County were not meeting the goals, primarily for very low- and low-income
resident housing.
Based on these initial findings, the grand jury focused its efforts on housing for residents classified as very low
(50% Area Median Income (AMI)) or low (80% AMI) income. They wanted to understand who in local
government is responsible for implementation of approved housing plans and why were those plans failing to
address permit targets for very low- and low-income residents. They investigated the drivers/obstacles behind
these missed targets, and what actions were being taken to increase the availability of affordable housing for
these residents throughout our county.
The grand jury found that although there is ownership for the creation and approval of Housing Elements that
address affordable housing targets, they could not find clear assigned responsibility inside local government to
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:23-369 Agenda Date:9/12/2023 Agenda #:
C.20.
implement plans after approval. This problem, combined with the myriad challenging obstacles outlined in this
report has translated into years of missed targets for residents classified as very low or low income. Without
significant changes to how local governments address affordable housing, cities and the County risk the
imposition of State mandated solutions that bypass local development protocols. This report is a summation of
the grand jury’s work, findings and recommendations for improvement.
Attached are the proposed responses to the grand jury’s findings and recommendations. The California Penal
Code specifies that the Board of Supervisors must forward its response to the Superior Court no later than
September 18, 2023 (90 days from receipt of the report).
The report includes thirteen (13) findings. For each finding, the County is responsible for indicating one of the
following actions:
·We agree with the finding.
·We disagree with the finding.
·We partially disagree with the finding.
In each case where the County disagrees or partially disagrees, the County must specify the portion of the
finding that is disputed and include an explanation of the reasons therefor.
The report concludes with ten (10) recommendations. The County is responsible for replying to nine of the ten
recommendations (Recommendation #9 is not applicable to the County) by stating one the following actions:
·The recommendation has been implemented, with a summary describing the implemented action.
·The recommendation has not yet been implemented but will be implemented in the future, with a
timeframe for implementation.
·The recommendation requires further analysis. This response should explain the scope and parameters
of the analysis or study, and a timeframe for the matter to be prepared for discussion. This timeframe
shall not exceed six months from the date of the publication of the Grand Jury Report.
·The recommendation will not be implemented because it is not warranted or is not reasonable, with an
explanation thereof. The response must be provided to the Grand Jury no later than September 13, 2023.
Staff collaborated with other Contra Costa County jurisdictions in drafting responses to the findings and
recommendations. Accordingly, the attached draft responses are presented for the Board of Supervisors
consideration to transmit to the presiding judge.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board not adopt a response today, the County will miss the response deadline.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
powered by Legistar™191
File #:23-369 Agenda Date:9/12/2023 Agenda #:
C.20.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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Affordable Housing
A Plan Without a Home
2022-2023
Contra Costa County
Civil Grand Jury
Report 2306
June 14, 2023
193
194
Contact: Cynthia Roberts
Foreperson
(925) 608-2621
Contra Costa County Grand Jury Report 2306
Affordable Housing
A Plan Without a Home
TO:
Contra Costa County Board of Supervisors
City Councils for All Cities in Contra Costa County
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Table of Contents
GLOSSARY AND ABBREVIATIONS ......................................................................................1
SUMMARY ................................................................................................................................2
METHODOLOGY......................................................................................................................3
DOCUMENTS .........................................................................................................................3
INTERVIEWS ...........................................................................................................................3
BACKGROUND ........................................................................................................................4
DISCUSSION ........................................................................................................................... 12
RHNA TARGETS AND CITY AND COUNTY RESPONSIBILITY ........................................... 12
ADDITIONAL OBSTACLES THAT HINDER THE DEVELOPMENT OF AH ........................ 13
Limited Availability of Land ............................................................................................... 13
Restrictive Zoning Policies Specific to AH Development .................................................... 13
Developer Interest to Bring Projects Forward ...................................................................... 14
Limited Funding .................................................................................................................. 14
Lack of Community Support ............................................................................................... 14
NIMBY Opposition & City Council response to NIMBY opposition ................................... 14
CITIES AND THEIR RELATIONSHIP WITH THE STATE OF CALIFORNIA ........................ 15
FINDINGS AND RECOMMENDATIONS .............................................................................. 16
FINDINGS: ............................................................................................................................ 16
RECOMMENDATIONS: ........................................................................................................ 17
REQUIRED RESPONSES ........................................................................................................ 19
REFERENCES: ........................................................................................................................ 20
BIBLIOGRAPHY: .................................................................................................................. 20
APPENDICES .............................................................................................................................
A-1. CONTRA COSTA COUNTY AVERAGE MEDIAN INCOME 2022 ................................. 21
A-2. 2022 CCC WAGES, RENT TO INCOME, AMI STATUS ................................................ 22
A-3. BAY AREA RHNA ALLOCATIONS AND PROGRESS ................................................... 23
A-4. SB 35 VERY LOW-INCOME AND LOW-INCOME DETERMINATION SUMMARIES .. 27
A-5. NEWS ARTICLES REGARDING AFFORDABLE HOUSING ........................................ 34
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GLOSSARY AND ABBREVIATIONS
ABAG Association of Bay Area Governments
AH Affordable Housing
Allocations State-issued housing goals by income category that must be planned
for and included in each County and city housing element plan
AMI Area Median Income – Refer to Table 1
Builder’s Remedy A provision found in California’s Housing Accountability Act
(HAA) that allows developers of affordable housing projects to
bypass the zoning code and general plan of cities that are out of
compliance with the Housing Element Law.
Extremely Low
Income
30% or less of area AMI
HEP Housing Element Plans
HCD The State Department of Housing and Community Development
Inclusionary Housing
Ordinance
Regulation, when adopted by a city or the County, requires new
residential developments to include a minimum percentage of very
low-, low-, and moderate-income households into residential
developments of five units or more (generally 15%)
Low Income (LI) 50- 80% or less of area AMI.
RDA Redevelopment Agency - dedicated to urban renewal.
RHNA Regional Housing Needs Allocation
Measure X Housing
Fund
Contra Costa County’s 20-year, $12 million annual share of Measure
X ½ cent sales tax to be used for housing & services.
NIMBY Not in my back yard
SB 35 California Senate Bill 35 streamlines the housing construction
process for cities and counties that fail to build enough housing to
meet state-mandated requirements for very low- and low-income
households.
Very Low Income
(VLI)
30-50% of area AMI. Qualifications for this designation are based on
the collective income of all the persons in a household (total
household income).
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SUMMARY
The civil grand jury began this investigation to understand how Contra Costa County is
addressing the need for affordable housing. We started by reviewing California Housing and
Community reports titled Regional Housing Needs Allocation (RHNA) results for the County.
These reports, issued at the end of each Housing Element cycle, show housing permits issued for
various resident income classification groups against state mandated targets. Each city plus
unincorporated County areas of responsibility results are listed. Appendix 3 comprises results for
the past 3 Housing Element cycles plus targets for the latest cycle 2023-2031.
After reviewing these reports, we realized that most cities and our County were not providing the
required number of housing permits primarily for very low- and low-income resident housing.
Close examination of these reports reveals the scale and accelerated progression of missed
targets. Additionally, these reports show that the very low- and low-income resident categories
reflect the largest percentage of missed RHNA and plan targets over the past 20 years.
Based on these initial findings, we focused our efforts on housing for residents classified as very
low or low income. We wanted to understand who in local government is responsible for
implementation of approved housing plans and why were those plans failing to address permit
targets for very low- and low-income residents. What are the drivers/obstacles behind these
missed targets, and what actions were being taken to increase the availability of affordable
housing for these residents throughout our County.
What we found was that although there is ownership for the creation and approval of Housing
Elements that address affordable housing targets, we could not find clear assigned responsibility
inside local government to implement plans after approval. This problem, combined with the
myriad of challenging obstacles outlined in this report has translated into years of missed targets
for residents classified as very low or low income. Without significant changes to how local
governments address affordable housing, cities and the County risk the imposition of State
mandated solutions that bypass local development protocols. This report is a summation of our
work, findings and recommendations for improvement.
.
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METHODOLOGY
Documents
The grand jury reviewed numerous documents from local, County, regional, and State
agencies. For a comprehensive list see the References section of this document.
Interviews
The grand jury conducted interviews with city and County leaders knowledgeable about the
housing development process in the west, central and east County cities. We also interviewed:
• developers that specialize in affordable housing construction projects
• leaders with experience in addressing housing development issues
• various staff members with housing responsibilities
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BACKGROUND
The housing element cycle was introduced in 1969, when the California State Legislature passed
laws requiring that all cities and counties adequately plan to meet the housing needs of people at
all income levels in the community. California’s local governments meet this requirement by
adopting housing plans as part of their “general plan” (also required by the state).
The process involves significant planning from experts in local government, and citizens are
asked proactively for input on these proposed plans before being submitted to the State for
approval. The Department of Housing and Community Development (HCD) approves all HEPs.
The role of the state, besides approval of each HEP, is to identify the total number of homes
required by resident income classification so that cities and counties can include these numbers
in their HEPs. These numbers are required to be included in each city and County HEP.
Determining individual income classifications is a County-specific exercise. It starts with a
determination of County Area Median Income (AMI). As noted in Table 1 below, the state
defines for each County, which is then extrapolated into specific resident income classifications.
After development of housing allocation numbers by HCD, the data is passed down to the
regional authority, the Association of Bay Area Governments, (ABAG), as a Regional Housing
Need Determination (RHND). This is the first step in California’s process to plan for the housing
needs in each region of the state. It is RHND’s responsibility to also track permits issued against
allocation targets in each Housing Element Plan (HEP). This tracking of progress against targets
is communicated through ABAG issued reports (Appendix 3).
The next step, allocation, is also the role of the regional authority, ABAG. It is their
responsibility to allocate a share of the RHND housing numbers to each city and County as a
Regional Housing Need Allocation (RHNA). These numbers are broken out by resident income,
classified as very low income, low income, moderate income and above moderate income.
The next two tables reflect Contra Costa County’s average median income, occupation, and
wages of some of the County residents. We wanted to understand who in our community is part
of the very low- and low-income groups. We realized that we all probably know someone who
may be impacted by the shortage of affordable housing in the County.
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Table 1 below, from the California Department of Housing and Community Development
website, shows the state definition of income limits for residents in Contra Costa County based
on the calculation of the average median income (AMI). AMI is based on the collective income
of all the persons in a household (total household income).
Table 1: 2022 State Income Limits by Househ old
Contra Costa County
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Table 2 below contains data from govsalaries.com. It identifies by occupation some of the
County occupations that fall into the very low- and low-income classifications as well as a few
occupations that are just over the threshold, falling into the median income group.
Table 2: 2022 CCC Wages, Rent to Income, AMI Status
In addition to residents in these occupational categories, a lack of very low- and low-income
affordable housing impacts senior County residents (over the age of 65). Seniors are one of the
fastest growing population segments in the County. The most recent US Census for the County
indicates that 6.7 percent of the total population, over 200,000 residents, is over the age of 65, an
increase of 12.5 percent since 2010. The California Department of Aging projects that this group
of residents will grow by over 150 percent by 2060.
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The next two charts contain data extracted from published ABAG housing reports (Appendix 3).
They highlight the disappointing results in housing permits issued against mandated allocations
for very low- and low-income residents.
Chart 1 shows a 21-year decline in the percentage of permits issued for very low-income
residents, even as allocation targets stayed relatively flat. For the upcoming 2023-2031 allocation
cycle for very low-income housing, allocations have tripled.
Chart 1: Very-low Income Housing Allocations and Permits for CCC
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
0
2
4
6
8
10
12
14
16
1999-2006 Progress 2007 -2014 2015 -2020 2023-2031 PercentageThousandsRHNA Cycle
Contra Costa County Very Low Income
RHNA Allocation and Permits
RHNA Allocation Permits Issued Percent of Allocation Permitted
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Chart 2 shows a 15-year decline in low-income housing permits, with an uplift in the most recent
allocation cycle. However, the County still only issued permits for about half of the allocations
mandated by the state for this same period. And again, the upcoming allocation cycle for 2023-
2031 has a significant bump in the mandated allocation for low-income housing.
Chart 2: Low Income Housing Allocations and Permits for CCC
The data published in charts 1 & 2 above illustrates that over the period 1999-2020 the County
has failed to provide the number of housing units mandated by the State of California and as they
have planned for in their individual city and County element plans for very low- and low-income
residents.
To understand the allocation targets and whether all income groups were equally impacted, the
grand jury again looked at whether there had been any progress made against RHNA targets
within any of the other income groups. What we found was that housing permits for high income
housing had outpaced other income groups, with high income permits more than double all other
income group housing permits combined. Close examination of the details published in the
reports found in Appendix 3 validates this reality. The next 2 charts again use graphic
descriptions of this published data to reinforce the magnitude of the problem.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
0
1
2
3
4
5
6
7
8
9
1999-2006 Progress 2007 -2014
Progress4325
2015 - 2020 Progress 2023 - 2031 PercentageThousandsRHNA Cycle
Contra Costa County Low Income
RHNA Allocation and Permits
RHNA Allocation Permits Issued Percent of Allocations Permitted
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Chart 3 looks at the past three Housing Element cycles results against allocations for the four
income categories measured by RHNA reports for Contra Costa County. It also identifies new
allocations for the current 2023-2031 Housing Element cycle. The income categories are VLI
(very low), L (low), M (moderate), and H- (above moderate), which align with income categories
measured in RHNA published progress reports. This chart also shows what percentage of the
planned permits (allocation) resulted in a corresponding permit (Permits Issued) being issued for
each income group as a percentage (Percent Permitted).
Chart 3: Contra Costa County
RHNA Allocations and Permits by Income Group
0%
50%
100%
150%
200%
250%
0
5
10
15
20
25
30
35
40
VLI L M H VLI L M H VLI L M H VLI L M H
1999-2006 2007 -2014 2015 -2020 2023-2031ThousandsContra Costa County RHNA Allocations
and Permits
Allocation Permits Issued Percent Permitted
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Chart 4 below takes a representative sample of cities in the County and shows the percentage of
housing permits issued for very low- and low-income residents measured against all housing
permits issued for the time period 1999-2020. Most of the cities identified fell short of their
allocation goals.
Chart 4: Very Low and Low-Income Housing Permits as a % of All Permits by City
Chart 5 is a listing of all 19 cities in the County, showing how much housing was permitted for
very low- and low-income residents in the last Housing Element cycle 2015-2020 and what is
expected to be accomplished in 2023-2031. As the chart shows, the State of California has
increased the mandatory allocation for very low- and low-income housing for many Contra
Costa County cities and for the County itself.
Chart 5: Very Low and Low-Income Permit Allocations by City
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Whether reviewing individual city details in Appendix 3 or reviewing the County results overall,
the track record regarding very low- and low-income permitted units for affordable housing over
the past 20 years is dismal. How will each city and the County meet more challenging targets
(Appendix 5) for very low- and low-income housing in the next Housing Element cycle and what
might enable attainment in the future?
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DISCUSSION
In every interview the grand jury conducted with city and County officials, all communicated
that they care deeply about the affordable housing issue in their communities. However, none of
those interviewed acknowledged or identified themselves, their department or any other agency
as having responsibility for the actual attainment of RHNA housing targets. Although we found
the Housing Element Plans on the various city and the County entities, we did not find any
language or group description that identified an owning entity that is either accountable or
responsible for the execution of the Housing Element Plan, identifying and addressing obstacles,
or attaining state mandated targets. The grand jury was unable to find any owner for the actual
achievement of state mandated housing targets. Meaning that once a Housing Element plan
containing the mandated housing targets for each income group was approved, no individual or
department was responsible for implementing the approved Housing Element plan or
accountable for the progress/results against the established targets within the plan.
Our investigation looked at three specific areas that should enable affordable housing. First, the
RHNA targets identified in housing element plans and who in local government takes ownership
to implement approved HEPs. Second, what control do our cities and the County have in the
affordable housing development process? Finally, the state’s relationship with our cities and the
County: how decisions by the state impact affordable housing development in our County.
RHNA Targets and City and County Responsibility
Each city is required by the State of California to provide an updated housing element plan for
approval every eight years. The Association of Bay Area Governments (ABAG), a Bay Area
local government consortium whose mission is to strengthen cooperation and collaboration
across local governments in order to build healthier and stronger communities, receives the
affordable housing target data from the state. This data outlines how much housing will be
needed, by income category, for the next reporting cycle. ABAG distributes the individual
targets for each city and the County for the current cycle. ABAG then provides a report, before
the next housing element cycle, which documents each city and the County results against
targets.
Contra Costa County city and County performance in issuing housing permits for very low- and
low-income residents for the last three housing element cycles, 1999-2006, 2007-2014 and 2015-
2020, showed significant misses of actual permits issued against the targets.
The charts in Appendix 3 reflect the number of permits issued by city, against RHNA allocation
targets for each housing element. Appendix 5 is the final RHNA allocation for 2023-2031. All
data presented in appendices 3 and 5 reflect that our cities and County are permitting housing,
primarily for residents in the 120 percent of median or higher income classification.
City and County officials are primarily focused on getting HCD to approve an individual housing
element plan. In multiple interviews with various city officials, after HEP approval we did not
find examples of consistent communication of progress to meeting targets for very low- and low-
income residents. In these same interviews, RHNA targets were described as “aspirational, not
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realistic, or not attainable.” Interviewees used different words, but overall, RHNA targets were
considered mostly an academic exercise that no one takes seriously. Furthermore, we did not find
a specific owner for attainment of the housing element plan allocations, leading us to believe that
this could well be one of the key reasons for our County’s failure to realize (permit and build)
affordable housing for very low- and low-income residents.
Additional Obstacles that Hinder the Development of AH
Six additional obstacles to the development of AH for residents identified as very low- and low-
income are:
• limited availability of land;
• restrictive zoning policies specific to AH development;
• limited developer interest to bring projects forward;
• limited funding;
• lack of community support;
• NIMBY – an industry term that denotes opposition to development in a neighborhood,
community, or city.
These obstacles are not uniform or constant across the County. Rather, some are more
pronounced in one area or at one time.
Limited Availability of Land
Cities with less available land, but access to mass transit hubs, benefit from incentives to build
AH close to transit centers. West County cities have benefitted the most from these projects. East
County cities with large tracts of undeveloped land have had recent success in building AH
projects for very low- and low-income residents. The Antioch Family and Senior Apartments
project, completed in 2022, is an example of a successful AH project, in that it was submitted,
approved, and completed in a relatively short time period with minimal roadblocks (References/
Bibliography East Bay Times October 22, 2022). Central County cities must balance extremely
high land costs against AH development needs.
Restrictive Zoning Policies Specific to AH Development
City zoning ordinances vary greatly throughout the County but in many instances are not
conducive to the development of AH. For instance, we conducted a limited proactive review of
existing zoning policies to see if there were any subtle changes to local building codes that could
be made to ease the approval of AH projects. Some cities zone land for AH development, but
land that is far from basic services, in very expensive-to-develop areas, or in environmentally
sensitive locations. Some cities have restrictive height zoning ordinances. Many cities do not
have an inclusionary housing ordinance. (An inclusionary housing ordinance requires developers
to set aside select units for very low- and low-income residents when proposing projects or to
pay cities for the exclusion creating a local funding opportunity.)
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Developer Interest to Bring Projects Forward
Actions by local city councils greatly influence how developers view their ability to successfully
create an AH development. In our interviews with city officials and developers, it was
determined that city councils that work openly to mitigate community concerns, don’t flip flop
after a project has been properly vetted, and are willing to team with developers as partners
throughout the long approval and development process are viewed as fostering conducive and
supportive environments for AH development. Failure to team with a developer or to actively
address obstacles during the approval and development process often results in failing to meet
AH targets.
Limited Funding
The lack of funding and the complexity associated with getting funding support for AH projects
are obstacles. The state prioritizes AH projects that provide some local funding support.
Developers who rely on tax incentives to help secure project funding get a better place in line to
have their projects approved if there is demonstrated local funding support. City officials
attribute the elimination of redevelopment agencies as a local funding source in 2012 as a key
reason local funding has been so difficult to obtain. The County has been slow to provide
alternative funding sources. Voters passed Measure X in 2020, and housing funds will finally be
available in 2023. Other Bay Area counties took a more assertive role in providing alternative
funding support for their cities.
In 2016, Alameda County passed measure A1, which dedicated $580 million for AH. In 2016,
Santa Clara County passed Measure A, which allocated $950 million for AH. In Contra Costa
County, Measure X carved out $240 million as a dedicated housing fund, with a stipulation that
only $12 million annually for 20 years will be allocated to support housing. No funds are
dedicated specifically to building housing for very low- and low-income residents, and there is
no direct link of fund requests to achieving RHNA targets.
Lack of Community Support
Cities across the County have a wide range of policies around outreach and education about AH.
The effort to educate communities as to why this housing issue is so important is broadly
different across the County. In reviewing successful AH projects completed in the County citizen
involvement and participation has shown to lessen local opposition to AH.
NIMBY Opposition and City Council response to NIMBY Opposition
NIMBY opposition was frequently cited by the developers that we interviewed as a primary
cause of wasted resources and unnecessary project delays. Communities where projects get tied
up in extensive local battles with non-supportive citizens or with city councils that reverse earlier
decisions made through the normal local development process were cited by developers as
influencing whether they would consider proposing AH projects in these communities.
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Cities and Their Relationship with the State of California
The state grants cities and counties broad independence to do what is best for their community
regarding housing development. But the state retains the ability to override local city jurisdiction.
The Builder’s Remedy provision in California’s Housing Accountability Act has been in place
since 1990. It grants developers the authority to bypass any local zoning or approval process and
move projects forward if a local government entity is not in compliance with its current Housing
Element plans. Compliance has meant meeting the requirement to have an approved HEP. While
in place for many years, the state, until recently, has rarely enforced this provision. City and
County officials who were interviewed recognize that there is now a more intense state oversight
process to plan submissions, and there are potential penalties for poor content plans or plans that
do not get approved by state deadlines. This renewed intensity of focus has forced cities and
counties to improve the quality of their Housing Element plans. The Builder’s Remedy is the
draconian solution that the state may enforce if cities insist on proposing Housing Element plans
that are not implementable. The city and County officials interviewed for this investigation
expect to get their housing element plans approved. But again, plan approval does not equal plan
implementation.
Senate Bill 35 allows qualifying development projects with certain minimum affordable housing
guarantees to move more quickly through the local government review process. The bill
amended the Government Code to restrict the ability of local governments to reject these
projects. A project approved under SB 35 cannot be challenged under the California
Environmental Quality Act (CEQA). This is an important feature of projects developed under
SB35 as much has been discussed publicly about how CEQA lawsuits have been used to slow or
stop the development of AH projects. Appendix 4 identifies individual cities and counties that
have met their prorated very low- and low-income RHNA goals for the latest reporting period.
It’s a small list. In this County, only El Cerrito qualified for exemption from SB 35. We did not
find examples of projects being developed in this County that have been or could be streamlined
under SB 35.
Cities in this County that propose Housing Element plans, implement their approved plans, and
meet RHNA targets for very low- and low-income residents will not run the risk of losing local
development control through either Builder’s Remedy or SB35.
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Findings and Recommendations
Findings:
F1. Within existing city or County infrastructure there is no clear owner who is responsible for
achieving RHNA permitting targets.
F2. City and County officials see no direct path to meet state-mandated regional housing
(RHNA) targets.
F3. There are currently no measurable penalties if a city or a County does not achieve RHNA
targets in an approved housing element plan.
F4. Data published by ABAG shows that Contra Costa County and most of its cities have
missed their current RHNA targets for very low- and low-income housing allocations. The
allocation requirements continue to increase (16x for very low-income and 4x for low-
income residents).
F5. Many obstacles hinder the development of AH at the local level, specifically for very low-
and low-income housing, including:
a. Limited availability of land;
b. Restrictive zoning policies specific to AH development;
c. Limited developer interest to bring projects forward;
d. Limited available funding;
e. Lack of community support;
f. NIMBY opposition & city council response to NIMBY opposition.
F6. Zoning changes are generally addressed only when a project is presented for development.
Zoning obstacles include:
a. Housing element plans that offer poor land choices for AH development;
b. Restrictive height and high-density zoning policies;
c. Lack of inclusionary housing ordinance(s) in many cities.
F7. Penalties directed at cities and the County (financial, loss of control over local planning)
are tied to not meeting state deadlines for Housing Element plan approval
F8. Builder’s Remedy and SB35 projects do not address ingrained local obstacles identified in
this report that prevent the completion of approved AH projects.
F9. When local Redevelopment Agencies (RDA’s) were discontinued by the state in 2012, the
County and cities did not address the loss of funding for affordable housing or find
alternative funding to support affordable housing projects until voters passed Measure X in
November 2020. Projects that target very low- and low-income residents were particularly
impacted.
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F10. Measure X housing funds are not fully dedicated to building AH for very low- and low-
income residents.
F11. Local funding provided by bonds like Measure X Housing Fund is a critical component of
a developer’s overall ability to raise funds for an AH development.
F12. Cities that proactively engage citizens, address zoning obstacles, make reasonable zoning
concessions, work collaboratively with developers, provide local funding support, and are
united in addressing NIMBY opposition, have been successful in attracting AH projects.
F13. The latest RHNA targets for cities and unincorporated Contra Costa County show a
significant increase in the number of units that are expected to be permitted for very low-
and low-income housing.
Recommendations:
R1. Each city and the County should consider assigning a staff position with clear leadership,
ownership and accountability to achieve allocated RHNA targets. The individual in this
position would be responsible for establishing and promoting an operational plan to
achieve the RHNA goals set forth in the housing element plan.
R2. Each city and the County should report AH progress and lack of progress using data across
all four measured income groups. Special attention should be paid to tracking the housing
needs of residents categorized as very low- and low-income. Cities and the County should
communicate their progress, biannually, against RHNA targets at council and supervisor
meetings.
R3. Each city and the County should consider creating a dedicated AH commission comprised
of a multi-disciplinary team of diverse citizens and led by a current, nonelected, city expert
in planning. Each commission would be charged with providing a community voice in the
process and helping to identify and address obstacles that hinder the development of
affordable housing projects in their community.
R4. Each city and the County should consider reviewing existing processes and identifying
changes that would address or resolve the specific obstacles identified in this report that
hinder achieving RHNA allocation targets for very low- and low-income housing in their
community.
R5. Each city and the County should consider developing a public dashboard to report progress
against RHNA targets.
R6. Each city and the County should consider, in their individual Housing Element plans,
putting forth land zoned “suitable for residential use,” without development obstacles, and
located strategically close to existing services, for AH purposes.
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R7. Each city and the County should consider reviewing their zoning policies to identify
restrictive zoning policies unique to their jurisdiction that impede AH projects and consider
making zoning changes in light of that review that will support AH in their community.
R8. Cities should consider adopting an inclusionary housing ordinance as part of their standard
development policy by the end of 2023 (if not already in place).
R9. Each city and the County should consider how to prioritize the implementation of housing
projects that promote development of very low- and low-income housing.
R10. Each city and the County should consider prioritizing Measure X funding requests that
support projects that address RHNA targets for very low- and low-income residents. Each
city and County should consider reporting regularly to their residents on the use of Measure
X funds for such purposes.
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REQUIRED RESPONSES
As required by California Penal Code sections 933(b) and 933.05, the 2022-2023 Contra
Costa County civil grand jury requires responses from the following governing bodies:
Responding Agency Findings Recommendations
Contra Costa County Board of Supervisors F1--F13 R1-R7 & R9-R10
Antioch City Council F1-F13 R1-R10
Brentwood City Council F1-F13 R1-R10
Clayton City Council F1-F13 R1-R10
Concord City Council F1-F13 R1-R10
Danville City Council F1-F13 R1-R10
El Cerrito City Council F1-F13 R1-R10
Hercules City Council F1-F13 R1-R10
Lafayette City Council F1-F13 R1-R10
Martinez City Council F1-F13 R1-R10
Moraga City Council F1-F13 R1-R10
Oakley City Council F1-F13 R1-R10
Orinda City Council F1-F13 R1-R10
Pinole City Council F1-F13 R1-R10
Pittsburg City Council F1-F13 R1-R10
Pleasant Hill City Council F1-F13 R1-R10
Richmond City Council F1-F13 R1-R10
San Pablo City Council F1-F13 R1-R10
San Ramon City Council F1-F13 R1-R10
Walnut Creek City Council F1-F13 R1-R10
These responses must be provided in the format and by the date set forth in the cover letter that
accompanies this report. An electronic copy of these responses in the form of a Word document
should be sent by e-mail to ctadmin@contracosta.courts.ca.gov and a hard (paper) copy
should be sent to:
Civil Grand Jury – Foreperson
725 Court Street
P.O. Box 431
Martinez, CA 94553-0091
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REFERENCES:
Bibliography:
• Association of Bay Area Governments:
o RHNA 1999-2006 Final Report
o RHNA San Francisco Bay Area Progress in Meeting 2007-2014
o RHNA 2015 - 2020 Bay Area Building Permit Activity Report
o RHNA Final Regional Housing Needs Allocation Plan: San Francisco Bay Area,
2023-2031
o RHNA - Regional Housing Needs Allocation
o RHNA: Housing Element Law Changes from 1969 to 2020
• U.S. Census Quick Facts / Contra Costa County, CA
• Fannie Mae Area Median Income Lookup Tool / Contra Costa County, CA
• CEQA: The California Environmental Quality Act
• SB35 Affordable Housing: Streamlined Approval Process
• Housing Accountability Act (Government Code Section 65589.51): Builder's Remedy
and Housing Elements
• Mercury News, February 13, 2023: New bill would extend controversial California
housing law
• Mercury News, October 20, 2022: Antioch unveils its newest and largest affordable
income apartment complex
• Contra Costa County Civil Grand Jury, 2015-2016, Report 1614: Where Will We Live?
The Affordable Housing Waiting List is Closed
• Contra Costa Conservation and Development: Measure X Housing Fund
• Santa Clara County Office of Supportive Housing: 2016 Measure A - Affordable
Housing Bond
• Alameda County HCD: Measure A1 Implementation Policies - Rental Housing
Development Fund & Innovation and Opportunity Fund
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Appendices
A-1. Contra Costa County Average Median Income 2022
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A-2. 2022 CCC Wages, Rent to Income, AMI Status
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A-3. Bay Area RHNA Allocations and Progress
CCC Progress in Meeting 1999-2006 Regional Housing Need Allocation
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CCC Progress in Meeting 2007-2014 Regional Housing Need Allocation
CCC Progress in Meeting 2015 - 2020 Regional Housing Need Allocation
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Very Low Income Low Income Moderate Income Above Moderate Income
Jurisdiction RHNA
Permits Issued %
RHNA
Met
RHNA
Permits Issued %
RHNA
Met
RHNA
Permits Issued %
RHNA
Met
RHNA Permits
Issued
% RHNA
Met Deed Restricted
Non-
Deed Restricted Total Deed Restricted
Non-
Deed Restricted Total Deed Restricted
Non-
Deed Restricted Total
Contra Costa County 5,264 798 19 817 16% 3,086 1,580 116 1,696 55% 3,496 260 953 1,213 35% 8,784 14,020 128%
Antioch 349 175 18 193 55% 205 299 1 300 146% 214 0 34 34 16% 680 795 117%
Brentwood 234 2 0 2 1% 124 6 10 16 13% 123 0 85 85 69% 279 3,192 1144%
Clayton 51 0 0 0 0% 25 0 5 5 20% 31 0 0 0 0% 34 8 24%
Concord 798 0 0 0 0% 444 0 0 0 0% 559 5 5 10 2% 1,677 501 30%
Danville 196 20 0 20 10% 111 3 27 30 27% 124 2 38 40 32% 126 484 384%
El Cerrito 100 62 0 62 62% 63 6 0 6 10% 69 0 13 13 19% 166 459 277%
Hercules 220 0 0 0 0% 118 0 16 16 14% 100 0 217 217 217% 244 509 209%
Lafayette 138 7 0 7 5% 78 6 0 6 8% 85 24 40 64 75% 99 319 322%
Martinez 124 0 0 0 0% 72 0 0 0 0% 78 0 0 0 0% 195 88 45%
Moraga 75 0 0 0 0% 44 0 0 0 0% 50 0 6 6 12% 60 86 143%
Oakley 317 8 0 8 3% 174 170 0 170 98% 175 26 208 234 134% 502 1,273 254%
Orinda 84 0 0 0 0% 47 0 0 0 0% 54 0 30 30 56% 42 254 605%
Pinole 80 0 0 0 0% 48 0 0 0 0% 43 0 1 1 2% 126 25 20%
Pittsburg 392 75 0 75 19% 254 708 34 742 292% 316 0 71 71 22% 1,063 976 92%
Pleasant Hill 118 0 0 0 0% 69 19 0 19 28% 84 0 41 41 49% 177 112 63%
Richmond 438 266 0 266 61% 305 81 0 81 27% 410 0 0 0 0% 1,282 612 48%
San Pablo 56 0 0 0 0% 53 3 4 7 13% 75 8 21 29 39% 265 36 14%
San Ramon 516 25 0 25 5% 279 87 0 87 31% 282 164 0 164 58% 340 1,547 455%
Walnut Creek 604 96 0 96 16% 355 18 10 28 8% 381 0 44 44 12% 895 1,210 135%
Contra Costa
Unincorporated 374 62 1 63 17% 218 174 9 183 84% 243 31 99 130 53% 532 1,534 288%
RHNA: Regional Housing Needs Allocation
%RHMA Met >100
75> %RHNA Met >100
%RHN Met <75
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Final RHNA Allocations for 2023-2031
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A-4. SB 35 Very Low Income and Low-Income Determination
Summaries
Cities and Counties Not Currently Subject to SB 35 Streamlining Provisions
This determination represents Housing Element Annual Progress Report (APR) data received as
of June 1, 2022. The following 38 jurisdictions have met their prorated Lower (Very-Low
and Low) and Above-Moderate Income Regional Housing Needs Assessment (RHNA) for
the Reporting Period and submitted their latest APR (2021).
These jurisdictions are not currently subject to the streamlined ministerial approval process (SB
35 (Chapter 366, Statutes of 2017) streamlining), but the jurisdictions are still encouraged to
promote streamlining. All other cities and counties beyond these 38 are subject to at least some
form of SB 35 streamlining, as indicated on the following pages.
For more detail on the proration methodology or background data see the SB 35 Determinatio n
Methodology.
JURISDICTION JURISDICTION
1 ATHERTON 20 MILL VALLEY
2 BELL 21 MONTE SERENO
3 BELLFLOWER 22 NEWPORT BEACH
4 BEVERLY HILLS 23 NORWALK
5 BUENA PARK 24 PLUMAS CO.
6 CALISTOGA 25 ROHNERT PARK
7 CARPINTERIA 26 ROLLING HILLS ESTATES
8 CORTE MADERA 27 SAINT HELENA
9 EL CERRITO 28 SAN BERNARDINO CO.
10 FOSTER CITY 29 SANTA ANA
11 FOUNTAIN VALLEY 30 SANTA CLARA CO.
12 GUADALUPE 31 SANTA MONICA
13 HILLSBOROUGH 32 SIERRA CO.
14 INDUSTRY 33 SOLVANG
15 LA HABRA 34 SONOMA CO.
16 LA QUINTA 35 UKIAH
17 LAGUNA NIGUEL 36 VILLA PARK
18 MENDOCINO CO. 37 WESTMINSTER
19 MENLO PARK 38 WOODSIDE
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Cities and Counties Subject to SB 35 Streamlining Provisions
When Proposed Developments Include ≥10% Affordability
These 263 jurisdictions have insufficient progress toward their Above Moderate income RHNA
and/or have not submitted the latest Housing Element Annual Progress Report (APR) (2021) and
therefore are subject to the streamlined ministerial approval process (SB 35 (Chapter 366,
Statutes of 2017) streamlining) for proposed developments with at least 10% affordability.
JURISDICTION JURISDICTION JURISDICTION
1 ADELANTO 28 BURBANK 55 DEL REY OAKS
2 ALAMEDA CO. 29 BUTTE CO. 56 DELANO
3 ALISO VIEJO 30 CALAVERAS CO. 57 DESERT HOT SPRINGS
4 ALTURAS 31 CALEXICO 58 DIAMOND BAR
5 AMADOR 32 CALIFORNIA CITY 59 DORRIS
6 AMADOR CO. 33 CALIPATRIA 60 DOS PALOS
7 APPLE VALLEY 34 CARSON 61 DUNSMUIR
8 ARCADIA 35 CERES 62 EAST PALO ALTO
9 ARCATA 36 CHOWCHILLA 63 EL CAJON
10 ARROYO GRANDE 37 CITRUS HEIGHTS 64 EL CENTRO
11 ARVIN 47 38 CLAYTON 65 EL MONTE
12 AUBURN 39 CLEARLAKE 66 ESCALON
13 AVALON 40 CLOVERDALE 67 ESCONDIDO
14 AVENAL 41 COACHELLA 68 ETNA
15 AZUSA 42 COLMA 69 EUREKA
16 BAKERSFIELD 43 COLTON 70 EXETER
17 BANNING 44 COLUSA 71 FAIRFAX 107
18 BARSTOW 45 COLUSA CO. 72 FARMERSVILLE
19 BEAUMONT 46 COMMERCE 73 FERNDALE
20 BELVEDERE 47 COMPTON 74 FILLMORE
21 BENICIA 48 CONCORD 75 FIREBAUGH
22 BIGGS 49 CORCORAN 76 FORT JONES
23 BISHOP 50 CORNING 77 FORTUNA
24 BLUE LAKE 51 COSTA MESA 78 FRESNO CO.
25 BLYTHE 52 CRESCENT CITY 79 GLENN CO.
26 BRADBURY 53 CUDAHY 80 GONZALES
27 BRAWLEY 54 DEL NORTE CO. 81 GRASS VALLEY
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JURISDICTION JURISDICTION JURISDICTION
82 GREENFIELD 117 LEMON GROVE 152 NOVATO
83 GRIDLEY 118 LEMOORE 153 OCEANSIDE
84 GUSTINE 119 LINCOLN 154 OJAI
85 HALF MOON BAY 120 LINDSAY 155 ORANGE COVE
86 HANFORD 121 LIVINGSTON 156 ORLAND
87 HAWAIIAN GARDENS 122 LOMA LINDA 157 OROVILLE
88 HAYWARD 123 LOMPOC 158 OXNARD
89 HESPERIA 124 LOOMIS 159 PACIFICA
90 HIGHLAND 125 LOS ANGELES CO. 160 PALMDALE
91 HOLTVILLE 126 LOS GATOS 161 PARLIER
92 HUGHSON 127 LYNWOOD 162 PASO ROBLES
93 HUMBOLDT CO. 128 MADERA 163 PATTERSON
94 HUNTINGTON BEACH 129 MADERA CO. 164 PERRIS
95 HUNTINGTON PARK 130 MARICOPA 165 PICO RIVERA
96 HURON 131 MARTINEZ 166 PINOLE
97 IMPERIAL 132 MARYSVILLE 167 PLACERVILLE
98 IMPERIAL CO. 133 MAYWOOD 168 PLEASANT HILL
99 INGLEWOOD 134 MCFARLAND 169 POMONA
100 INYO CO. 135 MENDOTA 170 PORTERVILLE
101 IRWINDALE 136 MERCED CO. 171 PORTOLA
102 ISLETON 137 MILLBRAE 172 POWAY
103 KERMAN 138 MODESTO 173 RANCHO CORDOVA
104 KERN CO. 139 MONTAGUE 174 RED BLUFF
105 KINGS CO. 140 MONTEBELLO 175 REDLANDS
106 KINGSBURG 141 MONTEREY 176 REDONDO BEACH
107 LA HABRA HEIGHTS 142 MONTEREY PARK 177 REEDLEY
108 LA MIRADA 143 MORENO VALLEY 178 RIALTO
109 LA PUENTE 144 MORRO BAY 179 RICHMOND
110 LAKE CO. 145 MOUNT SHASTA 180 RIDGECREST
111 LAKE ELSINORE 146 NATIONAL CITY 181 RIO DELL
112 LAKEPORT 147 NEEDLES 182 RIPON
113 LAKEWOOD 148 NEVADA CITY 183 RIVERBANK
114 LANCASTER 149 NEVADA CO. 184 RIVERSIDE
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JURISDICTION JURISDICTION JURISDICTION
115 LASSEN CO. 150 NEWMAN 185 RIVERSIDE CO.
116 LAWNDALE 151 NORCO 186 ROLLING HILLS
187 ROSS 213 SANTEE 239 TUOLUMNE CO.
188 SACRAMENTO 214 SARATOGA 240 TURLOCK
189 SACRAMENTO CO. 215 SAUSALITO 241 TWENTYNINE PALMS
190 SALINAS 216 SEASIDE 242 VALLEJO
191 SAN BERNARDINO 217 SEBASTOPOL 243 VENTURA CO.
192 SAN BRUNO 218 SELMA 244 VICTORVILLE
193 SAN DIEGO CO. 219 SHAFTER 245 VISALIA
194 SAN DIMAS 220 SHASTA CO. 246 WATERFORD
195 SAN FERNANDO 221 SHASTA LAKE 247 WEED
196 SAN GABRIEL 222 SIGNAL HILL 248 WEST HOLLYWOOD
197 SAN JACINTO 223 SISKIYOU CO. 249 WEST SACRAMENTO
198 SAN JOAQUIN 224 SOLANA BEACH 250 WESTLAKE VILLAGE
199 SAN JOAQUIN CO. 225 SONORA 260 251 WESTMORLAND
200 SAN JUAN BAUTISTA 226 SOUTH GATE 252 WHEATLAND
201 SAN LEANDRO 227 SOUTH LAKE TAHOE 253 WILDOMAR
202 SAN MARINO 228 STANISLAUS CO. 254 WILLIAMS
203 SAN MATEO CO. 229 STOCKTON 255 WILLITS
204 SAN PABLO 230 SUISUN CITY 256 WILLOWS
205 SAN RAFAEL 231 SUTTER CO. 257 WINDSOR
206 SAND CITY 232 TAFT 258 WOODLAKE
207 SANGER 233 TEHACHAPI 259 YOLO CO.
208 SANTA CLARITA 234 TEHAMA 260 YREKA
209 SANTA CRUZ CO. 235 TEHAMA CO. 261 YUBA CITY
210 SANTA MARIA 236 TORRANCE 262 YUCAIPA
211 SANTA PAULA 237 TULARE CO. 263 YUCCA VALLEY
212 SANTA ROSA 238 TULELAKE
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Cities and Counties Subject to SB 35 Streamlining Provisions
When Proposed Developments Include ≥ 50 Percent Affordability
These 238 jurisdictions have insufficient progress toward their Lower income RHNA (Very
low- and low-income) and are therefore subject to the streamlined ministerial approval
process (SB 35 (Chapter 366, Statutes of 2017) streamlining) for proposed developments with
at least 50% affordability. If the jurisdiction also has insufficient progress toward their
Above Moderate income RHNA, then they are subject to the more inclusive streamlining
for developments with at least 50% affordability.
JURISDICTION JURISDICTION JURISDICTION
1 AGOURA HILLS 28 CANYON LAKE 55 DINUBA
2 ALAMEDA 29 CAPITOLA 56 DIXON
3 ALBANY 30 CARLSBAD 57 DOWNEY
4 ALHAMBRA 31 CARMEL 58 DUARTE
5 ALPINE CO. 32 CATHEDRAL 59 DUBLIN
6 AMERICAN CANYON 33 CERRITOS 60 EASTVALE
7 ANAHEIM 34 CHICO 61 EL DORADO CO.
8 ANDERSON 35 CHINO 62 EL SEGUNDO
9 ANGELS CAMP 36 CHINO HILLS 63 ELK GROVE
10 ANTIOCH 37 CHULA VISTA 64 EMERYVILLE
11 ARTESIA 38 CLAREMONT 65 ENCINITAS
12 ATASCADERO 39 CLOVIS 66 FAIRFIELD
13 ATWATER 40 COALINGA 67 FOLSOM
14 BALDWIN PARK 41 COLFAX 68 FONTANA
15 BELL GARDENS 42 CONTRA COSTA CO. 69 FORT BRAGG
16 BELMONT 43 CORONA 70 FOWLER
17 BERKELEY 44 CORONADO 71 FREMONT
18 BIG BEAR LAKE 45 COTATI 72 FRESNO
19 BREA 46 COVINA 73 FULLERTON
20 BRENTWOOD 47 CULVER CITY 74 GALT
21 BRISBANE 48 CUPERTINO 75 GARDEN GROVE
22 BUELLTON 49 CYPRESS 76 GARDENA
23 BURLINGAME 50 DALY CITY 77 GILROY
24 CALABASAS 51 DANA POINT 78 GLENDALE
25 CALIMESA 52 DANVILLE 79 GLENDORA
26 CAMARILLO 53 DAVIS 80 GOLETA
27 CAMPBELL 54 DEL MAR 81 GRAND TERRACE
82 GROVER BEACH 114 LOS ALAMITOS 146 OAKLEY
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JURISDICTION JURISDICTION JURISDICTION
83 HAWTHORNE 115 LOS ALTOS 147 ONTARIO
84 HEALDSBURG 116 LOS ALTOS HILLS 148 ORANGE
85 HEMET 117 LOS ANGELES 149 ORANGE CO.
86 HERCULES 118 LOS BANOS 150 ORINDA
87 HERMOSA BEACH 119 LOYALTON 151 PACIFIC GROVE
88 HIDDEN HILLS 120 MALIBU 152 PALM DESERT
89 HOLLISTER 121 MAMMOTH LAKES 153 PALM SPRINGS
90 IMPERIAL BEACH 122 MANHATTAN BEACH 154 PALO ALTO
91 INDIAN WELLS 123 MANTECA 155 PALOS VERDES ESTATES
92 INDIO 124 MARIN CO. 156 PARADISE
93 IONE 125 MARINA 157 PARAMOUNT
94 IRVINE 126 MARIPOSA CO. 158 PASADENA
95 JACKSON 127 MENIFEE 159 PETALUMA
96 JURUPA VALLEY 128 MERCED 160 PIEDMONT
97 KING CITY 129 MILPITAS 161 PISMO BEACH
98 LA CANADA FLINTRIDGE 130 MISSION VIEJO 162 PITTSBURG
99 LA MESA 131 MODOC CO. 163 PLACENTIA
100 LA PALMA 132 MONO CO. 164 PLACER CO.
101 LA VERNE 133 MONROVIA 165 PLEASANTON
102 LAFAYETTE 134 MONTCLAIR 166 PLYMOUTH
103 LAGUNA BEACH 135 MONTEREY CO. 167 POINT ARENA
104 LAGUNA HILLS 136 MOORPARK 168 PORT HUENEME
105 LAGUNA WOODS 137 MORAGA 169 PORTOLA VALLEY
106 LAKE FOREST 138 MORGAN HILL 170 RANCHO CUCAMONGA
107 LARKSPUR 139 MOUNTAIN VIEW 171 RANCHO MIRAGE
108 LATHROP 140 MURRIETA 172 RANCHO PALOS VERDES
109 LIVE OAK 141 NAPA 173 RANCHO SANTA MARGARITA
110 LIVERMORE 142 NAPA CO. 174 REDDING
111 LODI 143 NEWARK 175 REDWOOD CITY
112 LOMITA 144 OAKDALE 176 RIO VISTA
113 LONG BEACH 145 OAKLAND 177 ROCKLIN
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A Plan Without a Home
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JURISDICTION JURISDICTION JURISDICTION
178 ROSEMEAD 199 SEAL BEACH 220 TULARE
179 ROSEVILLE 200 SIERRA MADRE 221 TUSTIN
180 SAN ANSELMO 201 SIMI VALLEY 222 UNION CITY
181 SAN BENITO CO. 202 SOLANO CO. 223 UPLAND
182 SAN CARLOS 203 SOLEDAD 224 VACAVILLE
183 SAN CLEMENTE 204 SONOMA 225 VENTURA
184 SAN DIEGO 205 SOUTH EL MONTE 226 VERNON
185 SAN FRANCISCO 206 SOUTH PASADENA 227 VISTA
186 SAN JOSE 207 SOUTH SAN FRANCISCO 228 WALNUT
187 SAN JUAN CAPISTRANO 208 STANTON 229 WALNUT CREEK
188 SAN LUIS OBISPO 209 SUNNYVALE 230 WASCO
189 SAN LUIS OBISPO CO. 210 SUSANVILLE 231 WATSONVILLE
190 SAN MARCOS 211 SUTTER CREEK 232 WEST COVINA
191 SAN MATEO 212 TEMECULA 233 WHITTIER
192 SAN RAMON 213 TEMPLE CITY 234 WINTERS
193 SANTA BARBARA 214 THOUSAND OAKS 235 WOODLAND
194 SANTA BARBARA CO. 215 TIBURON 236 YORBA LINDA
195 SANTA CLARA 216 TRACY 237 YOUNTVILLE
196 SANTA CRUZ 217 TRINIDAD 238 YUBA CO.
197 SANTA FE SPRINGS 218 TRINITY CO.
198 SCOTTS VALLEY 219 TRUCKEE
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A Plan Without a Home
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A-5. News Articles Regarding Affordable Housing
Bay Area News Group article
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A Plan Without a Home
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A Plan Without a Home
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East Bay Times article
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A Plan Without a Home
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Builder’s Remedy Article - The Fix
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A Plan Without a Home
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Contra Costa County Response to Civil Grand Jury Report No. 2306,
entitled “Affordable Housing – A Plan Without a Home”
Findings
1. Within existing city or County infrastructure, there is no clear owner who is responsible for
achieving RHNA permitting targets.
Response: Respondent partially disagrees with the finding. The County’s responsibility
does not extend to the construction of new housing, and it cannot, on its own, ensure
this happens at a pace and scale sufficient to achieve the numeric targets for housing
units set by the state, the Regional Housing Needs Allocation (RHNA). The actual
production of housing requires independent but coordinated action by a variety of public
and private parties including local agencies, landowners, for-profit and non-profit
housing developers, construction contractors and tradespeople, financing institutions
and public and private grant-making institutions that work at the local, regional, state
and national level to generate the subsidies necessary for affordable housing. As is true
with many other complex issues, there is not one entity charged with ensuring or able to
ensure sufficient units are constructed to meet state, regional and local goals. However,
the County has developed and approved a General Plan Housing Element that enables
achievement of the County’s RHNA, and the County remains committed to maintaining
and building partnerships with involved parties to meet the significant housing needs of
our communities.
The County has assigned the Department of Conservation and Development (DCD) to
plan for and facilitate housing development that can achieve the County’s RHNA. DCD is
responsible for drafting and implementing the General Plan Housing Element to ensure
sufficient feasible sites exist to achieve the County’s RHNA and perform a broad array of
actions to facilitate the production and preservation of housing affordable to households
of various income levels. DCD manages zoning and building code compliance for housing
projects and has a Housing and Community Improvement Division that implements
financing, regulatory and other programs to promote affordable housing. DCD is
responsible for preparing the Annual Progress Report (APR) that describes housing
permitting and housing actions, as required by State Housing Law. These reports are
presented before the Board of Supervisors prior to submission to the state by April 1 of
each year.
2. City and County officials see no direct path to meet state-mandated regional housing
(RHNA) targets.
Response: Respondent partially disagrees with the finding. In its Housing Element, the
County has identified adequate sites to meet the RHNA targets and has committed to
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strategies and programs, including rezoning, to encourage housing development in
accordance with State Law. The State will not certify a Housing Element that does not
accommodate RHNA targets. However, most of the land suitable for new housing is
owned by private landowners and the County cannot compel submission of applications
for housing development on these properties. The County’s RHNA for the current eight-
year cycle is 5.5 times larger than the allocation for the prior cycle and a substantial
increase in private development activity will be necessary if production targets are to be
met.
3. There are currently no measurable penalties if a city or a County does not achieve RHNA
targets in an approved housing element plan.
Response: Respondent disagrees with the finding. There are penalties for not
accommodating RHNA in a Housing Element and local agencies can lose their ability to
review, modify, or approve certain types of housing projects if housing is not being built
at a pace sufficient to meet standards established by SB 35, regardless of whether the
local agency has a legally-compliant Housing Element and is implementing all its
commitments.
4. Data published by ABAG shows that Contra Costa County and most of its cities have missed
their current RHNA targets for very low- and low-income housing allocations. The allocation
requirements continue to increase (16x for very low-income and 4x for low-income
residents).
Response: Respondent partially disagrees with the finding. It is true that many cities and
the County have missed their RHNA targets for very low and low-income housing, and
that the RHNA for very low- and low-income housing has continued to increase.
However, the RHNA was not increased to the extent mentioned in this report. RHNA
targets from the past three cycles indicate that the current (6th) cycle has had the
largest increase of 2.5 times Bay Area region-wide from the previous cycle in very low-
and low-income housing goals. For unincorporated Contra Costa County, very-low and
low income housing goals were increased approximately 5.5 times from the prior cycle.
Data on RHNA targets and progress for the region and unincorporated Contra Costa
County are presented below.
(continued on next page)
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Bay Area Region-Wide RHNA and Progress, 3rd through 6th Cycles
Cycle Income Levels RHNA Permits Issued % RHNA Met
3rd Very Low 47,128 20,725 44%
1999-2006 Low 25,085 19,714 79%
Moderate 60,982 23,296 38%
Above Moderate 97,548 149,289 153%
4th Very Low 48,840 14,251 29%
2007-2014 Low 35,102 9,182 26%
Moderate 41,316 11,732 28%
Above Moderate 89,242 87,933 99%
5th Very Low 46,680 17,960 38%
2015-2023 Low 28,940 15,708 54%
Moderate 33,420 19,529 58%
Above Moderate 78,950 162,803 206%
6th Very Low 114,442 on-going on-going
2023-2031 Low 65,892 on-going on-going
Moderate 72,712 on-going on-going
Above Moderate 188,130 on-going on-going
Unincorporated Contra Costa County RHNA & Progress, 3rd thru 6th Cycle
Cycle Income Levels RHNA Permits Issued % RHNA Met
3rd Very Low 1,101 372 34%
1999-2006 Low 642 177 28%
Moderate 1,401 77 5%
Above Moderate 2,292 5,151 225%
4th Very Low 815 88 11%
2007-2014 Low 598 53 9%
Moderate 687 330 48%
Above Moderate 1,408 1,672 119%
5th Very Low 374 99 26%
2015-2023 Low 218 216 99%
Moderate 243 272 112%
Above Moderate 532 2,075 390%
6th Very Low 2,072 on-going on-going
2023-2031 Low 1,194 on-going on-going
Moderate 1,211 on-going on-going
Above Moderate 3,133 on-going on-going
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5. Many obstacles hinder the development of AH at the local level, specifically for very low
and low-income housing, including:
Limited availability of land;
Restrictive zoning policies specific to AH development;
Limited developer interest to bring projects forward;
Limited available funding;
Lack of community support;
NIMBY opposition & Board of Supervisors response to NIMBY opposition.
Response: Respondent agrees with the finding. The above list of obstacles can hinder the
development of affordable housing, however the County has addressed each item in its
Housing Element programs, policies, and actions to the extent feasible.
6. Zoning changes are generally addressed only when a project is presented for development.
Zoning obstacles include:
Housing element plans that offer poor land choices for AH development;
Restrictive height and high-density zoning policies;
Lack of inclusionary housing ordinance(s) in many cities.
Response: Respondent disagrees with the finding. Most jurisdictions consider zoning
changes during their review of the Housing Element and when updating the
General Plan, rather than solely in response to a proposed development project. State
law requires that sites designated in Housing Elements to meet RHNA be zoned for
densities and development standards sufficient to meet unit projections within one to
three years of the start of the eight-year housing cycle.
The County is in the process of making proactive zoning changes where they are needed
for the sites designated in its Housing Element. The County has selected sites in
communities throughout the unincorporated area that are good opportunities for new
affordable housing because they are readily developable and accessible to services, jobs,
schools, transit, grocery stores, parks, and other amenities and infrastructure. The
County must and will ensure that these sites are zoned to facilitate the projected amount
of housing units. Additionally, the County approved an Inclusionary Housing ordinance
in 2006 that requires 15% of the units within a development of five or more units to be
affordable or, in the alternative, the payment of an in-lieu fee dedicated to furthering
affordable housing in the County.
7. Penalties directed at cities and the County (financial, loss of control over local planning) are
tied to not meeting state deadlines for Housing Element plan approval .
Response: Respondent agrees with the finding. There are penalties that are directly
related to not meeting the statutory deadline of the Housing Element. The consequence
referred to as the Builder’s Remedy, which limits a local agency’s authority to deny a
housing development on the basis that the development does not conform to the
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agency’s General Plan or zoning regulations, is one such penalty that is directly linked to
failing to meet state deadlines for Housing Elements. However, there are other penalties
that are not directly tied to the statutory deadline. Cities and the County may be subject
to litigation and, depending on court decisions, the cities and the County may lose
additional local control, such as suspension of authority to issue building permits or
approve certain land use permits; and/or cities and the County may be subject to court-
issued fines, court receivership, and streamlined approval processes that remove local
discretion. In addition, depending on specific programs, eligibility for some state funds
requires a certified Housing Element (such as Permanent Local Housing Allocation (PLHA)
and Local Housing Trust Fund (LHTF) funds). Finally, loss of local control is not limited to
jurisdictions that do not meet specified timeframes for a certified housing element. For
example, SB 35, the Housing Accountability Act, the No Net Loss Act, Density Bonus Law,
and AB 2011/SB 6 specify what types of projects local jurisdictions must approve and
where such projects must be approved, regardless of whether jurisdictions meet state
deadlines for Housing Elements. Link to information on HCD’s accountability efforts and
enforcement authority: https://www.hcd.ca.gov/planning-and-community-
development/accountability-and-enforcement
8. Builder's Remedy and SB35 projects do not address ingrained local obstacles identified in
this report that prevent the completion of approved AH projects.
Response: Respondent agrees with the finding.
9. When local Redevelopment Agencies (RDA’s) were discontinued by the state in 2012, the
County and cities, did not address the loss of funding for affordable housing or find
alternative funding to support affordable housing projects until voters passed Measure X in
November 2020. Projects that target very low- and low-income residents were particularly
impacted.
Response: Respondent partially disagrees with the finding. The County applied for,
received, and distributed new and expanded sources of state and federal funding,
including the state’s Permanent Local Housing Allocation and the substantial additional
funds provided through the federal HOME program. The County also approved an
Inclusionary Housing Ordinance that provides for in-lieu fees dedicated to furthering
affordable housing in the County. The County also utilized Housing Assets (land and
limited funding) owned by the former County Redevelopment Agency for affordable
housing development. The County has also partnered with the Housing Authority of the
County of Contra Costa who has provided project-based vouchers to approximately fifty
or more affordable housing projects in recent decades.
It should be noted that California law limits local jurisdictions’ ability to create new
funding sources. Voters need to approve virtually all new funding or financing
mechanisms to generate the revenues or funds needed to preserve existing affordable
housing and construct or finance new affordable housing. Nevertheless, the County
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developed and proposed Measure X to the voters and it was approved in the November
2020 General Election. Measure X is a countywide 20-year ½ cent sales tax, and the
Board of Supervisors has allocated approximately $12 million in Measure X funds
annually for “housing and related services” for the entire county. The 20-year total is
anticipated to be approximately $238 million. Measure X Affordable Housing funds will
be distributed countywide through an annual Notice of Funding Availability (a
competitive process).
10. Measure X housing funds are not fully dedicated to building AH for very low- and low-
income residents.
Response: Respondent agrees with the finding. The County has allocated the Measure X
housing funds not only to the development of affordable housing but also to services to
prevent people from becoming homeless and for homeless crisis response. The County’s
top priority for Measure X housing funds is permanent affordable housing for low-
income households (households earning less than 80% of Area Median Income (AMI)),
with a particular focus on providing new housing for very low-income households
(households earning less than 50% AMI).
11. Local funding provided by bonds like Measure X Housing Fund is a critical component of a
developer’s overall ability to raise funds for an AH development.
Response: Respondent agrees with the finding with one clarification. Measure X was not
a bond measure but rather a limited-term sales tax increment. Measure X dollars are
intended “to keep Contra Costa’s regional hospital open and staffed; fund community
health centers, emergency response; support crucial safety-net services; invest in early
childhood services; protect vulnerable populations; and for other essential county
services.” The County has been spending funds as they are received rather than
borrowing against a future revenue stream.
The amount of Measure X funds allocated annually by the County for affordable housing
more than equals the total amount of funds the County receives in a typical year from
the federal government for the same purpose. Because the County has dedicated
Measure X revenues to create a local housing fund, the County is eligible to apply for
grant funds from the state dedicated to matching local housing funds. In the first year
the local housing fund was created the County received more than $3 million from the
state’s match program and allocated these funds to affordable housing projects.
Commitment of local funds can attract other funding sources as well, making individual
projects more competitive for tax credits and other grant programs and encouraging
major philanthropic institutions to invest more in an area that is dedicating its own
resources to the pressing housing problem. Leveraging additional outside funds and
building the local organizational capacity to develop affordable housing are perhaps the
biggest systematic advantages of a local source of funding for housing. Meeting the
affordable housing needs of the County and the cities will require a total pool of funding
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substantially larger than what the County has been able to secure through Measure X
and will require a concerted, coordinated effort at many levels of government and
effective partnerships with the private sector.
12. Cities that proactively engage citizens, address zoning obstacles, make reasonable zoning
concessions, work collaboratively with developers, provide local funding support, and are
united in addressing NIMBY opposition, have been successful in attr acting AH projects.
Response: Respondent partially disagrees with the finding. These proactive steps alone
are not enough to successfully attract affordable housing projects. Additional factors
that curb interest in affordable housing projects include, though are not limited to, land
availability and costs, lacking or inadequate infrastructure, environmental constraints,
gaps in funding or financing, supply chain and material/labor costs, and reluctant or
unwilling landowners. Neighbor opposition, sometimes rooted in racial and class biases,
can also sometimes deter applications, despite supportive policies and policy makers.
The County takes many actions to overcome these barriers. The County actively engages
with neighbors during the development review process, addresses zoning obstacles
through Housing Element programs, and provides zoning concessions and incentives for
affordable housing development projects, as required by State Law. The County also
works collaboratively with developers through the entitlement process and encourages
early and consistent outreach to hear and address community and neighborhood
concerns.
13. The latest RHNA targets for cities and unincorporated Contra Costa County show a
significant increase in the number of units that are expected to be permitted for very low
and low-income housing.
Response: Respondent agrees with the finding with one clarification. It is true that the
RHNA for very low- and low-income housing has continued to increase. However, the
increase in RHNA is not to the extent mentioned in this report. RHNA targets from the
past three cycles indicate that the current (6th) cycle has had the largest increase of 2.5x
from the previous cycle in very low- and low-income housing requirements for the entire
Bay Area region and 5.5x for unincorporated Contra Costa County. Please see the
response to Finding 4 for detailed RHNA targets from previous Housing Element cycles.
Recommendations
1. Each city and the County should consider assigning a staff position with clear leadership,
ownership and accountability to achieve allocated RHNA targets. The individual in this
position would be responsible for establishing and promoting an operational plan to
achieve the RHNA goals set forth in the housing element plan.
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Response: The recommendation has been implemented to the extent of the County's
responsibilities. California’s Housing Element Law acknowledges that, in order for the
private market to adequately address the housing needs and demands of Californians,
local governments must adopt plans and regulatory systems that provide opportunities
for (and do not unduly constrain) housing development. Cities and Counties are not
responsible for the development and construction of housing to achieve the allocated
RHNA targets. Instead, they are responsible for the effective implementation of their
housing elements and associated programs to address any existing constraints to
housing and for tracking and reporting the jurisdiction’s progress toward achieving their
RHNA. The Department of Conservation and Development (DCD) is assigned with the
responsibility of the above tasks for the unincorporated area of Contra Costa County and
the DCD Director oversees the Department’s work.
2. Each city and the County should report AH progress and lack of progress using data across
all four measured income groups. Special attention should be paid to tracking the housing
needs of residents categorized as very low- and low-income. Cities and the County should
communicate their progress biannually, against RHNA target s at council and supervisor
Meetings.
Response: The recommendation has been implemented. State Law (Government Code §
65400) requires each city and county to prepare an Annual Progress Report (APR) on the
jurisdiction’s status and progress in implementing its housing element using forms and
definitions adopted by the California Department of Housing and Community
Development (HCD). Jurisdictions must report annual data on housing in the APR,
including the following:
Housing development applications received (including proposed number of units,
types of tenancy, and affordability levels)
Building/construction activity
Progress towards the RHNA
Sites identified or rezoned to accommodate a shortfall in housing need
Program implementation status
Local efforts to remove governmental constraints to the development of housing
Projects with a commercial development bonus
Units rehabilitated or preserved
Locally owned lands included in the sites inventory that have been sold
Locally owned surplus sites
Local planning agencies must provide this report to the local legislative body (i.e., local
Council or Board), HCD, and state Office of Planning and Research by April 1 of each year
(covering the previous calendar year). The County prepares and submits an APR each
year in compliance with state requirements.
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3. Each city and the County should consider creating a dedicated AH commission comprised of
a multi-disciplinary team of diverse citizens and led by a current, nonelected, city expert in
planning. Each commission would be charged with providing a community voice in the
process and helping to identify and address obstacles that hinder the development of
affordable housing projects in their community.
Response: The recommendation has been implemented.
The County has established the Affordable Housing Finance Committee (AHFC),
an advisory body appointed by the Board of Supervisors. The AHFC reviews
proposals for affordable housing projects and provides funding recommendations
to the Board of Supervisors for the annual allocation of various funding sources
including federal and state funds and Measure X.
The Contra Costa County Health Services Department supports the Council on
Homelessness, the governing body for the Contra Costa Continuum of Care and
the planning body that coordinates the community’s policies, strategies, and
activities toward preventing and ending homelessness in Contra Costa County.
The members of the Board of Supervisors, together with two non-elected
community members, constitute the Board of Commissioners of the Housing
Authority of the County of Contra Costa (HACCC) which is charged with providing
rental subsidies and managing and developing affordable housing for low-income
families, seniors and persons with disabilities.
4. Each city and the County should consider reviewing existing processes and identifying
changes that would address or resolve the specific obstacles identified in this report that
hinder achieving RHNA allocation targets for very low- and low-income housing in their
Community.
Response: The recommendation has been implemented. Through preparation of the
Housing Element, the County conducted a thorough review of existing processes related
to affordable housing development, permitting, and zoning regulations. This review
aimed to identify any inefficiencies or barriers that may have contributed to the
challenges in meeting RHNA targets. Community members, developers, housing
advocates, and relevant government agencies were actively engaged throughout the
process and their feedback shaped housing policy. The Housing Element commits the
County to various actions to expand the supply of affordable housing opportunities in
communities throughout the unincorporated area. The County has identified sites
capable of supporting new affordable housing units and is working to rezone sites where
needed to fully utilize its housing potential. The County also developed tailored action
plans, including concrete steps, timelines, and responsible parties, to address other
identified challenges. The County’s Housing Element is currently being reviewed for
substantial compliance with State Housing Law by the State Department of Housing and
Community Development.
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5. Each city and the County should consider developing a public dashboard to report progress
against RHNA targets.
Response: The recommendation has been implemented. As detailed in the response to
Recommendation No. 2, the County prepares an Annual Progress Report (APR) on the
jurisdiction’s status and progress in implementing its housing element using forms and
definitions adopted by the California Department of Housing and Community
Development (HCD). The County’s reports are available on the County website. HCD
compiles and showcases all APRs through its interactive digital data dashboard with
downloadable data sets. In addition, the County plans to create a comprehensive web-
based tool to report on the status of actions related to its adopted Housing Element as
well as its in-progress comprehensive General Plan update and Climate Action Plan once
all of these plans are adopted.
6. Each city and the County should consider, in their individual Housing Element plans, putting
forth land zoned "suitable for resident ial use," without development obstacles, and located
strategically close to existing services, for AH purposes.
Response: The recommendation has been implemented. The County has prepared a site
inventory identifying land suitable and available for residential development to meet its
regional housing needs by income level. As more fully described in the response to
Finding No. 6, the County focused not only on the feasibility of development but also on
locations that are well-positioned to provide a range of other benefits to future
residents. For sites where existing zoning is not adequate to realize otherwise feasible
housing potential, the County will be rezoning the sites to allow the project density and
remove development obstacles.
7. Each city and the County should consider reviewing their zoning policies to identify
restrictive zoning policies unique to their jurisdiction that impede AH projects and consider
making zoning changes in light of that review that will support AH in their community.
Response: The recommendation has been implemented. As more fully described in the
response to Finding No. 6 and Recommendation No. 4, through the Housing Element
process, the County has reviewed its zoning policies and identified potential affordable
housing development constraints unique to its jurisdiction. The Housing Element
Program Section outlines forthcoming changes to the County’s zoning policies with
specified timeframes to address the identified constraints.
8. Cities should consider adopting an inclusionary housing ordinance as part of their standard
development policy by the end of 2023 (if not already in place).
Response: The recommendation has been implemented by the County. The County
approved an Inclusionary Housing ordinance in 2006 that requires 15% of the units
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within a development of five or more units to be affordable or, in the alternative, the
payment of an in-lieu fee dedicated to furthering affordable housing in the County.
9. Each city and the County should consider how to prioritize the implementation of housing
projects that promote development of very low- and low-income housing.
Response: The recommendation has been implemented. The County passed Measure X
and allocated approximately $12 million per year to a local housing fund that prioritizes
funding for very low- and low-income housing. The County approved a Housing Element
with commitment to revise zoning on sites best suited for the development of very low-
and low-income housing projects. The County has planned, approved, and funded
affordable housing projects on its surplus lands, including the Orbisonia Heights Project,
a 384-unit, 100% affordable housing project adjacent near the Bay Point BART station
and across the street from a shopping center. The County created community-wide
planned unit zoning districts that ease barriers to affordable housing in former
redevelopment areas. The preservation and promotion of naturally occurring affordable
housing (NOAH), is also part of the County’s affordable housing strategy. While
developing housing that is affordable to lower income households is important and a key
strategy, preservation of affordable units is equally important and req uires additional
resources. It may, in some cases, be more cost effective to preserve existing units.
Additionally, the promotion of Accessory Dwelling Units, as NOAH, is a key strategy
identified in the County’s Housing Element.
10. Each city and the County should consider prioritizing Measure X funding requests that
support projects that address RHNA targets for very low- and low-income residents. Each
city and County should consider reporting regularly to their residents on the use of
Measure X funds for such purposes.
Response: The recommendation has been implemented. The Board of Supervisors has
established that the County’s top priority for Measure X housing funds is permanent
affordable housing for low-income households (households earning less than 80% of
Area Median Income (AMI)), with a particular focus on providing new housing for very
low-income households (households earning less than 50% AMI).
Comments: Providing well-planned housing throughout the county to meet the needs of current
and future residents of all income levels is one of the most critical issues facing the County and is
a key need in our collective work to address the crisis of homelessness. The County appreciates
the Grand Jury’s work to increase awareness of this issue.
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-554 Agenda Date:9/12/2023 Agenda #:
C.21.
To: Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Revised Management Benefits Resolution, which Supersedes Resolution No. 2022/280
RECOMMENDATIONS:
ADOPT a Resolution, which supersedes Resolution No. 2022/280, regarding compensation and benefits for the
County Administrator, County Elected and Appointed Department Heads, Exempt, and Unrepresented
employees, to reflect specified changes.
FISCAL IMPACT:
These changes have a potential impact equivalent to 5% of the salaries of the eligible employees in the
Treasurer-Tax Collectors Office who receive a Qualifying Certificate. Costs will vary based on participation.
BACKGROUND:
The Management Benefits Resolution is modified in the following ways:
1.Sections 21.11 and 21.12 are amended to remove these sections pertaining to executive automobile
allowance for appointed department heads as no current appointed department heads remain who were
eligible for the allowance. The remaining sections are renumbered so 21.13 is now 21.11. The
executive automobile allowance for elected department heads remains in section 21.10.
2.Section 54 is amended to add the Assistant County Tax-Collector-Exempt (S5D1) classification and
delete the Chief Deputy Treasurer Tax Collector-Exempt (S5B2) and Assistant County Tax Collector
(S5DF) classifications from the professional development differential. Also, the Certified California
Municipal Treasurer (C.C.M.T) and Certified Government Investment Professional (C.G.I.P.) are added
as qualifying certificates for the differential.
CONSEQUENCE OF NEGATIVE ACTION:
If the action is not approved, eligible, active unrepresented employees will not have access to equitable benefits
and/or may lose benefits upon promotion.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 4
powered by Legistar™246
File #:RES 23-554 Agenda Date:9/12/2023 Agenda #:
C.21.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 4
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File #:RES 23-554 Agenda Date:9/12/2023 Agenda #:
C.21.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
And for Special Districts, Agencies, and Authorities Governed by the Board
Adopted this Order on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUBJECT: Benefits and Other Compensation for County
Elected and Appointed Department Heads, Management,
Exempt, and Unrepresented Employees for the Period from
September 1, 2023, and Until Further Order
) ) ) )Resolution No. 23-554 )
The Contra Costa County Board of Supervisors acting in its capacity as the governing board of the County of
Contra Costa and the Board of Directors of the Contra Costa County Fire Protection District RESOLVES
THAT:
Effective September 1, 2023, and until further order of the Board, the Board adopts the attached program of
compensation and benefits for County Elected and Appointed Department Heads, Management Employees,
Exempt Employees, and Unrepresented Employees. Except for Resolution No. 2002/608 (excluding
inconsistent provisions concerning the amount of employee contributions for retirement benefits), as amended,
this Resolution supersedes all previous resolutions providing compensation and benefits for the employees
listed herein, including but not limited to Resolution No. 2022/280.
Unless expressly provided otherwise, this Resolution is subject to the provisions of resolutions providing
general and pay equity salary adjustments, to the 1937 County Employees Retirement Act, and to the Public
Employees’ Pension Reform Act. This Resolution is also subject to the Administrative Bulletins, the County
Salary Regulations, and the County Personnel Management Regulations; however, to the extent this
Resolution is inconsistent with any of these bulletins or regulations, the terms of this Resolution shall prevail.
This Resolution does not authorize compensation and benefits for any employee who is represented by an
employee organization with a Memorandum of Understanding.
Management, Exempt, and Unrepresented employees include employees in Classified, Project, and Exempt
classifications. Unless otherwise expressly provided, compensation and benefits under this Resolution are
authorized only for permanent and project employees who work full-time or part-time, twenty (20) or more
hours per week.
The full text of this Resolution is attached. Also attached are the following exhibits and appendices:
I.BENEFITS FOR MANAGEMENT, EXEMPT AND UNREPRESENTED EMPLOYEES are provided for
those classes listed in Exhibit A.
II.BENEFITS FOR MANAGEMENT AND EXEMPT EMPLOYEES are provided for those classes listed in
Exhibit A, except for the classes listed in Exhibit B.
III.BENEFITS FOR ELECTED AND APPOINTED DEPARTMENT HEADS are provided for those classes
listed in Exhibit C.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 4
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File #:RES 23-554 Agenda Date:9/12/2023 Agenda #:
C.21.
IV.SPECIAL BENEFITS FOR EMPLOYEES BY DEPARTMENT OR CLASS are provided as indicated in
each section.
V.DEPARTMENT HEADS AND THEIR CHIEF ASSISTANTS for purposes of Section 23 are listed
in Exhibit D.
VI.CALPERS HEALTH PLAN CLASSES for purposes of Section 2 are listed in Exhibit E.
VII.BENEFITS FOR UNREPRESENTED TEMPORARY AND PER DIEM EMPLOYEES are provided
in Appendix I and affected classifications are identified in Exhibits F and G
Orig Dept.:County Administrator - David Sanford, Chief of Labor Relations (925-655-2070)
cc: Robert Campbell, Auditor-Controller,
Adam Nguyen, County Finance Director
Ann Elliott, Director of Human Resources
Thomas L. Geiger, County Counsel
Christina Dunn, Acting Chief Executive Officer, CCCERA
CONTRA COSTA COUNTY Printed on 9/7/2023Page 4 of 4
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Resolution No. i
TABLE OF CONTENTS
Resolution No.
I. Benefits for Management, Exempt, and Unrepresented Employees
1. Leaves With and Without Pay
1.10 Holidays (list of holidays observed by the County)
1.11 Definitions
1.12 Holidays Observed
1.13 Holidays - Flexible, Alternate, 9/80, and 4/10 Work Schedules
1.14 Holidays Observed- Part-Time Employees
1.15 No County Overtime Pay, Holiday Pay, or Comp Time
1.16 Personal Holiday Credit
1.17 Vacation
1.18 Sick Leave
1.19 Part-Time Employees
1.20 Family Care Leave
1.21 Leave Without Pay - Use of Accruals
1.22 Accrual Usage Reporting
2. Health, Dental, and Related Benefits
2.10 Application
2.A. Employees in Classifications Who Receive Medical & Dental Coverage from
County Plans
2.11 Health Plan Coverages
2.12 Monthly Premium Subsidy
2.12.1 Medical Plan Cost Sharing for Active Employees On and After January 1,
2019
2.13 Retirement Coverage
2.14 Layoff and Other Loss of Coverage
2.15 Health Plan Coverages and Provisions
2.16 Family Member Eligibility Criteria
2.B. Employees in Classifications Who Receive Health Care Coverage from CalPERS
2.17 CalPERS Controls
2.18 Contra Costa Health Plan (CCHP)
2.19 CalPERS Medical Plan Monthly Premium Subsidy
2.20 CalPERS Retirement Coverage
2.21 CalPERS Premium Payments
2.22 Dental Plan - CalPERS Participants
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Resolution No. ii
2.C. All Employees
2.23 Dual Coverage
2.24 Life Insurance Benefit Under Health and Dental Plans
2.25 Supplemental Life Insurance
2.26 Catastrophic Leave Bank
2.27 Health Care Spending Account
2.28 PERS Long-Term Care
2.29 Dependent Care Assistance Program
2.30 Premium Conversion Plan
2.31 Voluntary Vision Plan
2.32 Prevailing Section
2.33 Health Benefit Access for Employees Not Otherwise Covered
3. Personal Protective Equipment
3.10 Safety Shoes
3.11 Safety Eyeglasses
4. Transportation Expense
4.10 Mileage Reimbursement
4.11 Commuter Benefit Program
5. Retirement Contributions
5.10 No County Subvention
5.11 414H2 Participation
6. PEPRA Retirement Plan
7. Training
7.10 Career Development Training Reimbursement
7.11 Management Development Policy
8. Bilingual Pay Differential
9. Higher Pay for Work in a Higher Classification
10. Workers’ Compensation and Continuing Pay
10.10 Waiting Period
10.11 Continuing Pay
10.12 Physician Visits
10.13 Labor Code §4850 Exclusion
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11. Other Terms and Conditions of Employment
11.10 Overtime Exempt Exclusion
11.11 County Overtime
11.12 Pay Limitations
11.13 Length of Service Credits
11.14 Mirror Classifications
11.15 Deep Classes
11.16 Administrative Provisions
11.17 Timestamp
11.18 Salary Upon Promotion from a Competitive Recruitment
II. Benefits for Management and Exempt Employees
12. Management Longevity Pay
12.10 Ten Years of Service
12.11 Fifteen Years of Service
13. Deferred Compensation
13.10 Deferred Compensation Incentive
13.11 Special Benefit for Permanent Employees Hired on and after January 1, 2009
13.12 No Cross Crediting
13.13 Maximum Annual Contribution
13.14 Eligibility for Loan Program
14. Annual Management Administrative Leave
15. Management Life Insurance
16. Vacation Buy Back
17. Professional Development Reimbursement
18. Sick Leave Incentive Plan
19. Computer Vision Care (CVC) Users Eye Examination
20. Long-Term Disability Insurance
III. Benefits for Elected and Appointed Department Heads
21. Executive Automobile Allowance
21.10 Elected Department Heads
21.11 Temporary Loss of Vehicle
22. Executive Life Insurance
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Resolution No. iv
23. Executive Professional Development Reimbursement
24. Appointed Department Heads
25. Elected Department Heads
26. Elected Department Head Benefits and Board of Supervisors Member Benefits
26.10 Elected Department Heads
26.11 Board of Supervisors
IV. Special Benefits for Employees by Department or Class
27. Accounting Certificate Differential
28. Reserved
29. Animal Services Uniform Allowance
30. Attorney State Bar Dues and Professional Development Reimbursement
30.10 State Bar Dues Reimbursement
30.10.1 Payment For Fingerprinting
30.11 Professional Development Reimbursement
30.12 Law School Student Loan Reimbursement Program
30.13 Eligible Classes
31. Attorney Management Administrative Leave and Additional Longevity Pay
31.10 Attorney Management Administrative Leave
31.11 Additional Longevity Pay at 20 Years of County Service
31.12 Eligible Classes
32. Assessor Education Differential
33. Certified Elections/Registration Administrator Certification Differential
34. District Attorney Inspectors Longevity Differential
34.10 County Service/P.O.S.T. Experience/Age
34.11 Twenty Years of Service
35. District Attorney Inspector P.O.S.T.
36. District Attorney Investigator - Safety Employees Retirement Tiers; Contribution
Toward Cost of Enhanced Retirement Benefit
36.10 Safety Tier A
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36.11 Safety PEPRA Tier
36.12 Employees with more than 30 years of Service
36.13 Eligible Classes
37. Engineer Continuing Education Allowance
38. Engineer Professional Development Reimbursement
39. Library Department Holidays
40. Health Services Department On-Call Duty and Call Back Time
40.10 Eligible Classes
40.11 On Call Duty
40.12 Call Back Time
41. Reserved
42. Reserved
43. Probation - Longevity Differential
43.10 Longevity Pay at 20 Years of County Service
43.11 Eligible Classes
44. Probation - Safety Employees Retirement Tiers
44.10 Safety Tier A
44.11 Safety PEPRA Tier
44.12 Eligible Classes
45. Real Property Agent Advanced Certificate Differential
46. Sheriff Sworn Management P.O.S.T.
47. Sheriff Continuing Education Allowance
48. Sheriff Emergency Services Standby Differential
49. Sheriff Law Enforcement Longevity Differential
49.10 15 Years of Sworn County Service
49.11 20 Years of Sworn County Service
50. Sheriff Uniform Allowance
51. Sheriff - Detention Division Meals
52. Sheriff - Safety Employees Retirement Tiers
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Resolution No. vi
52.10 Safety Tier A
52.11 Safety Tier C
52.12 Safety PEPRA Tier
52.13 Employees with more than 30 years of Service
52.14 Retirement Tier Elections
52.15 Eligible Classes
53. Safety Employees Retirement Tiers (Miscellaneous Safety Classifications) Benefit
53.10 Safety Tier A
53.11 Safety PEPRA Tier
53.12 Eligible Classes
54. Treasurer-Tax Collector Professional Development Differential
55. Executive Assistant to the County Administrator Differential
56. Reserved
V. Temporary and Per Diem Employees Excluded
[end]
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Resolution No.
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I. BENEFITS FOR MANAGEMENT, EXEMPT, AND UNREPRESENTED EMPLOYEES
1. Leaves With and Without Pay
1.10 Holidays: The County will observe the following holidays during the term
covered by this Resolution:
New Year’s Day Labor Day
Martin Luther King Jr. Day Veterans’ Day
Presidents’ Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Juneteenth (June 19) Christmas Day
Independence Day
Such other days as the Board of Supervisors may designate by Resolution as
holidays.
Any holiday observed by the County that falls on a Saturday is observed on
the preceding Friday and any holiday that falls on a Sunday is observed on
the following Monday.
For employees who work in twenty-four (24) hour facilities and who may be
assigned to work on a holiday, any holiday that falls on a Saturday will be
observed on a Saturday, and any holiday that falls on a Sunday will be
observed on a Sunday.
1.11 Definitions:
Regular Work Schedule: The regular work schedule is eight (8) hours per
day, Monday through Friday, inclusive, for a total of forty (40) hours per week.
Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 9/80, or 4/10 work schedule and where the employee is not
scheduled to work more than 40 hours in a “workweek” as defined below.
Alternate Work Schedule: An alternate work schedule is any work schedule
where the employee is regularly scheduled to work five (5) days per week,
but the employee’s regularly scheduled days off are NOT Saturday and
Sunday.
4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a
seven (7) day period, for a total of forty (40) hours per week.
9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty six (36) hours in one calendar week and forty four
(44) hours in the next calendar week, but only forty (40) hours in the
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designated workweek. In the thirty six hour (36) calendar week, the
employee works four (4) nine (9) hour days and has the same day of the
week off that is worked for eight (8) hours in the forty four (44) hour calendar
week. In the forty four (44) hour calendar week, the employee works four (4)
nine (9) hour days and one eight (8) hour day. Requirements for the
evaluation, authorization, and implementation of 9/80 work schedules are set
forth in Administrative Bulletin 435.
Workweek for Employees on Regular, Flexible, Alternate, and 4/10
Schedules: For employees on regular, flexible, alternate, and 4/10 schedules,
the workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on
Sunday. For employees who work in a twenty-four (24) hour facility in the
Contra Costa Regional Medical Center and who are not on a 9/80 work
schedule, the workweek begins at 12:01 a.m. Sunday and ends at 12:00
midnight on Saturday.
Workweek for Employees on a 9/80 Schedule: The 9/80 workweek begins on
the same day of the week as the employee’s eight (8) hour work day and
regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour work day.
The end time of the workweek is four (4) hours after the start time of the eight
(8) hour work day. The result is a workweek that is a fixed and regularly
recurring period of seven (7) consecutive twenty four (24) hour periods (168
hours).
1.12 Holidays Observed: Employees are entitled to observe a holiday (day off
work), without a reduction in pay, whenever a holiday is observed by the
County.
1.13 Holidays - Flexible, Alternate, 9/80, and 4/10 Work Schedules: When a
holiday falls on the regularly scheduled day off of any employee who is on a
flexible, alternate, 9/80, or 4/10 work schedule, the employee is entitled to
take the day off, without a reduction in pay, in recognition of the holiday.
These employees are entitled to request another day off in recognition of their
regularly scheduled day off. The requested day off must be within the same
month and workweek as the holiday and it must be pre-approved by the
employee’s supervisor. If the day off is not approved by the supervisor, it is
lost. If the approved day off is a nine (9) hour workday, the employee must
use one (1) hour of non-sick-leave accruals. If the approved day off is a ten
(10) hour workday, the employee must use two (2) hours of non-sick-leave
accruals. If the employee does not have any non-sick-leave accrual
balances, leave without pay (AWOP) will be authorized.
1.14 Holiday Observed - Part-Time Employees: When a holiday is observed by the
County, each part-time employee is entitled to observe the holiday in the
same ratio as his/her number of position hours bears to forty (40) hours,
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multiplied by 8 hours, without a reduction in pay. For example, a part-time
employee whose position hours are 24 per week is entitled to 4.8 hours off
work on a holiday (24/40 multiplied by 8=4.8). Hereafter, the number of hours
produced by this calculation will be referred to as the “part-time employee’s
holiday hours.”
When the number of hours in a part-time employee’s scheduled work day that
falls on a holiday (“scheduled work hours”) is less than the employee’s part-
time employee’s holiday hours, the employee also is entitled to receive
flexible pay at the rate of one (1.0) times his/her base rate of pay (not
including differentials) for the difference between the employee’s scheduled
work hours and the employee’s part-time employee’s holiday hours.
When the number of hours in a part-time employee’s scheduled work day that
falls on a holiday (scheduled work hours) is more than the employee’s part-
time employee’s holiday hours, the employee must use non-sick leave
accruals for the difference between the employee’s scheduled work hours
and the employee’s part-time employee’s holiday hours. If the employee
does not have any non-sick leave accrual balances, leave without pay
(AWOP) will be authorized.
1.15 No County Overtime Pay, Holiday Pay, or Comp Time: Unrepresented,
management, and exempt employees are not entitled to receive County
overtime pay, holiday pay, overtime compensatory time, or holiday
compensatory time. Employees who are unable or not permitted to observe a
holiday (take the day off), are authorized to receive overtime pay ONLY IF the
employee is on the Overtime Exempt Exclusion List (see Section 11). The
prohibition against County overtime pay in this section does not preclude
payment of FLSA overtime to eligible employees as required by law.
1.16 Personal Holiday Credit: Employees are entitled to accrue two (2) hours of
personal holiday credit each month. This time is prorated for part time
employees. No employee may accrue more than forty (40) hours of personal
holiday credit. On separation from County service, employees are paid for
any unused personal holiday credit hours at the employee’s then current rate
of pay, up to a maximum of forty (40) hours.
1.17 Vacation: Employees are entitled to accrue paid vacation credit not to exceed
the maximum cumulative hours as follows:
Length of Service
Monthly
Accrual
Hours
Maximum
Cumulative
Hours
Under 11 years 10 240
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11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
However, for the Director of Employment and Human Services (job code
XAA2, County Welfare Director) only, the monthly accrual amount is 12 hours
for the first 13 years of County service and the maximum cumulative hours is
240 for the first 11 years of County service. Thereafter, the Director is subject
to the maximums set forth in the above chart.
Each employee is eligible to accrue increased vacation hours on the first day
of the month following the employee’s Service Award Date.
An employee’s Service Award Date is the first day of his/her temporary,
provisional, or permanent appointment to a position in the County. If an
employee is first appointed to a temporary or provisional position and then
later appointed to a permanent position, the Service Award Date for that
employee is the date of the first day of the temporary or provisional
appointment.
1.18 Sick Leave: Employees are entitled to accrue paid sick leave credit in
accordance with the provisions of the County Salary Regulations and
Administrative Bulletin No. 411.8 (Sick Leave Policy) as periodically
amended.
1.19 Part-Time Employees: Part-time employees are entitled to accrue paid
vacation and sick leave credit on a pro-rata basis.
1.20 Family Care Leave: The provisions of Section 1006.3 of the Personnel
Management Regulations and Resolution No. 94/416, as amended, relating
to Leaves of Absence and Family Care Medical Leave apply to all employees
covered by this Resolution, except that such employees are not entitled to
Family Care or Medical Leave on a calendar year basis. Instead, such
employees are entitled to at least eighteen (18) weeks of leave in a “rolling”
twelve (12) month period, which period is to be measured backward from the
date the employee uses FMLA leave. Upon the birth or adoption of a child,
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an employee eligible for baby-bonding leave pursuant to the California Family
Rights Act may use sick leave credits for such baby-bonding leave.
1.21 Leave Without Pay - Use of Accruals: The provisions of Section 1006.6 of the
Personnel Management Regulations, as amended, relating to the use of
accruals while on leave without pay, apply to all employees covered by this
Resolution.
1.22 Accrual Usage Reporting: Employees must report the use of accruals in one
minute increments.
2. Health, Dental, and Related Benefits
2.10 Application:
a. Employees in classifications who receive health care coverage from
County Plans: The following Sections apply to employees in
classifications covered by this Resolution who receive health care
coverage from County Plans and do not receive health plan coverage
through CalPERS: Section 2.11 “Health Plan Coverages,” Section 2.12,
“Monthly Premium Subsidy,” Section 2.12.1 “Medical Plan Cost-Sharing
on and after January 1, 2016,” Section 2.13 “Retirement Coverage,”
Section 2.14 “Layoff and Other Loss of Coverage,” Section 2.15 “Health
Plan Coverages and Provisions,” and Section 2.16 “Family Member
Eligibility Criteria.”
b. Employees in classifications who receive health care coverage from
CalPERS: The following Sections apply to employees in the classifications
listed in Exhibit E: Section 2.17 “CalPERS Controls,” Section 2.18 “Contra
Costa Health Plan (CCHP),” Section 2.19 “CalPERS Health Plan Monthly
Premium Subsidy,” Section 2.20 “CalPERS Retirement Coverage,”
Section 2.21 “CalPERS Premium Payments,” and Section 2.22 “Dental
Plan - CalPERS Participants.”
c. General provisions: The following Sections apply to employees in all the
classifications covered by this Resolution: Section 2.23 “ Dual Coverage,”
Section 2.24 “Life Insurance Benefit Under Health and Dental Plans,”
Section 2.25 “Supplemental Life Insurance,” Section 2.26 “Catastrophic
Leave Bank,” Section 2.27 “Health Care Spending Account,” Sections
2.28 “PERS Long-Term Care,” Section 2.29 “Dependent Care Assistance
Program,” Section 2.30 “Premium Conversion Plan,” Section 2.31
“Voluntary Vision Plan,” Section 2.32 “Prevailing Section,” and Section
2.33 “Health Benefit Access for Employees Not Otherwise Covered.”
2.A. Employees In Classifications Who Receive Medical & Dental Coverage From
County Plans
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2.11 Health Plan Coverages:
a. The County will provide the medical and dental coverage for Management,
Exempt, and Unrepresented employees and for their eligible family
members, expressed in one of the Medical Plan contracts and one of the
Dental Plan contracts between the County and the following providers:
1. Contra Costa Health Plans (CCHP)
2. Kaiser Permanente Health Plan
3. Health Net
4. Delta Dental
Medical Plans:
The employees will have access to the following medical plans:
1. CCHP Plan A & Plan B
2. Kaiser Permanente Plan A & Plan B
3. Health Net HMO Plan A & Plan B
4. Health Net PPO Plan A
5. Kaiser High Deductible Health Plan
b. In the event that one of the medical plans listed above meets the criteria
for a high cost employer-sponsored health plan that may be subject to an
excise penalty (a.k.a. Cadillac Tax) under the federal Patient Protection
and Affordable Care Act (“ACA”) (42 U.S.C. § 18081), such plan(s) will be
eliminated for all employees. In the event that the Joint Labor
Management Benefits Committee (JLMBC) and the County agree to
replace any of the providers or plans listed above with an alternate
provider or plan, the replacement plan will be available for the employees
on the same date that the replacement plan is available for members of
the JLMBC.
2.12 Monthly Premium Subsidy:
a. The monthly premium subsidy in effect on January 1, 2015, for each
medical and/or dental plan, is a set dollar amount and is not a percentage
of the premium charged by the plan. The County will pay the following
monthly premium subsidy:
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b. If the County contracts with a medical or dental plan that is not listed
above, the County will determine the monthly dollar premium subsidy that
it will pay to that health plan for employees and their eligible family
members.
c. In the event that the County premium subsidy amounts are greater than
one hundred percent (100%) of the applicable premium of any medical or
dental plan, for any plan year, the County’s contribution will not exceed
one hundred percent (100%) of the applicable plan premium.
2.12.1 Medical Plan Cost Sharing for Active Employees on and after January 1,
2019
a. Medical Plan Cost-Sharing for Active Employees for the 2019 Plan Year.
For active employees for the plan year that begins on January 1, 2019,
the County will pay the monthly premium subsidy for medical plans, stated
below:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $641.65 $1,271.99 $1,980.17
Contra Costa Health Plans (CCHP), Plan B $672.58 $1,314.95 $2,106.48
Kaiser Permanente Health Plan A $600.00 $1,200.00 $1,825.00
Kaiser Permanente Health Plan B $600.00 $1,200.00 $1,825.00
Health Net HMO Plan A $986.18 $1,765.02 $3,230.62
Health Net HMO Plan B $882.34 $1,720.86 $2,721.74
Health Net PPO Plan A $1,226.79 $2,109.72 $4,251.97
Kaiser High Deductible Health Plan $559.68 $1,119.36 $1,679.04
b. Medical Plan Cost-Sharing for Active Employees on and after January 1,
2020.
Health & Dental Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90
Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79
Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84
Health Net HMO Plans $627.79 $1,540.02 $1,540.02
Health Net PPO Plans $604.60 $1,436.25 $1,436.25
Kaiser High Deductible Health Plan $478.91 $1,115.84 $1,115.84
Delta Dental PPO with CCHP A or B $41.17 $93.00 $93.00
Delta Dental PPO with Kaiser or Health Net $34.02 $76.77 $76.77
Delta Dental PPO without a Health Plan $43.35 $97.81 $97.81
DeltaCare HMO with CCHP A or B $25.41 $54.91 $54.91
DeltaCare HMO with Kaiser or Health Net $21.31 $46.05 $46.05
DeltaCare HMO without a Health Plan $27.31 $59.03 $59.03
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1. For active employees for the plan year that begins on January 1, 2020,
the County will move to a percentage-based cost sharing approach for
medical care premium subsidies. The County will pay seventy-five
percent (75%) of the total medical plan premium for the Employee and
Employee + 1 Dependent tiers of the second lowest priced non-
deductible HMO plan. The County will pay seventy-six and one half
percent (76.5%) of the total medical plan premium for the Employee +
2 or more Dependents tier of the second lowest price non-deductible
HMO plan. These annual calculated dollar amounts will be applied to
all plans and tiers as described.
2. For active employees for the plan year that begins on January 1, 2021,
the County will pay seventy-eight and one half percent (78.5%) of the
total medical plan premium for each tier of the second lowest priced
non-deductible HMO plan. This annual calculated amount will be
applied to all plans and tiers, except Kaiser Permanente Health Plan
B.
3. For active employees for the plan year that begins on January 1, 2022,
and each year thereafter, the County will pay eighty percent (80%) of
the total medical plan premium for each tier of the second lowest
priced non-deductible HMO plan. This annual calculated amount will
be applied to all plans and tiers, except Kaiser Permanente Health
Plan B.
4. For active employees for the plan year that begins on January 1, 2021,
and each year thereafter, for the Kaiser Permanente Health Plan B,
employees will pay at least the following share of the total medical
plan premium:
Kaiser Permanente Health Plan B
Employee Monthly
Premium Cost
Employee $20.00
Employee +1 Dependent $40.00
Employee + 2 or More Dependents $60.00
5. In the event of a reduction in the premium for the second lowest priced
non-deductible HMO plan, the County will pay the premium subsidy for
medical plans that the County paid in the previous plan year.
2.13 Retirement Coverage:
a. Upon Retirement:
1. Upon retirement and for the term of this resolution, eligible employees
and their eligible family members may remain in their County
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health/dental plan, but without County-paid life insurance coverage, if
immediately before their proposed retirement the employees and
dependents are either active subscribers to one of the County
contracted health/dental plans or if while on authorized leave of
absence without pay, they have retained continuous coverage during
the leave period. The County will pay the health/dental plan monthly
premium subsidies set forth in Section 2.12, subsection (a) for eligible
retirees and their eligible family members.
2. Any person who becomes age 65 on or after January 1, 2009 and who
is eligible for Medicare must immediately enroll in Medicare Parts A
and B.
3. For employees hired on or after January 1, 2009 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health or dental plan after they separate from County
employment. However, any such eligible employee who retires under
the Contra Costa County Employees’ Retirement Association
(“CCCERA”) may retain continuous coverage of a county health and/or
dental plan provided that (I) he or she begins to receive a monthly
retirement allowance from CCCERA within 120 days of separation
from County employment and (ii) he or she pays the full premium cost
under the health and/or dental plan without any County premium
subsidy. This provision does not apply to any member of the Board of
Supervisors who was a County employee when elected to the Board
of Supervisors with a County employee hire date that is earlier than
January 1, 2009.
4. If an employee was eligible for a retiree health/dental plan monthly
premium subsidy from the County immediately prior to entering into an
unrepresented classification (no break in service), the employee will
be deemed covered by section 2.13 subsection (a) (1), above.
b. Employees Who File For Deferred Retirement: Employees, who resign
and file for a deferred retirement and their eligible family members, may
continue in their County group health and/or dental plan under the
following conditions and limitations.
1. Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
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i. be qualified for a deferred retirement under the 1937 Retirement
Act provisions;
ii. be an active member of a County group health and/or dental plan
at the time of filing their deferred retirement application and elect to
continue plan benefits;
iii. be eligible for a monthly allowance from the Retirement System
and direct receipt of a monthly allowance within twenty-four (24)
months of application for deferred retirement; and
iv. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30) days
before separation from County service.
4. Deferred retirees who elect continued health benefits hereunder and
their eligible family members may maintain continuous membership in
their County health and/or dental plan group during the period of
deferred retirement by paying the full premium for health and dental
coverage on or before the 10th of each month, to the Contra Costa
County Human Resources Department-Employee Benefits Division.
When the deferred retirees begin to receive retirement benefits, they
will qualify for the same health and/or dental coverage pursuant to
subsection (a) above, as similarly situated retirees who did not defer
retirement.
5. Deferred retirees may elect retiree health benefits hereunder without
electing to maintain participation in their County health and/or dental
plan during their deferred retirement period. When they begin to
receive retirement benefits, they will qualify for the same health and/or
dental coverage pursuant to subsection (a) above, as similarly situated
retirees who did not defer retirement, provided reinstatement to a
County group health and/or dental plan will only occur following a
three (3) full calendar month waiting period after the month in which
their retirement allowance commences.
6. Employees who elect deferred retirement will not be eligible in any
event for County health and/or dental plan subvention unless the
member draws a monthly retirement allowance within twenty-four (24)
months after separation from County service.
7. Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for retiree health/dental coverage
as similarly situated retirees who did not defer retirement.
8. This subsection (b) “Employees Who File for Deferred Retirement”
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does not apply to any employee in any classification listed in Exhibit E.
c. Employees Hired After December 31, 2006 - Eligibility for Retiree Health
Coverage: Employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsections (a) and (b), above,
upon completion of fifteen (15) years of service as an employee of Contra
Costa County. For purposes of retiree health eligibility, one year of
service is defined as one thousand (1,000) hours worked within one
anniversary year. The existing method of crediting service while an
employee is on an approved leave of absence will continue for the
duration of this Resolution.
d. Subject to the provisions of Section 2.13, subsections (a), (b), and (c), and
upon retirement and for the term of this resolution, the following
employees (and their eligible family members) are eligible to receive a
monthly premium subsidy for health and dental plans or are eligible to
retain continuous coverage of such plans: County Elected and Appointed
Department Heads, Management Employees, Exempt Employees,
Unrepresented Employees, and each employee who retired from a
position or classification that was unrepresented at the time of his or her
retirement.
e. For purposes of this Section 2.13 only, “eligible family members” does not
include Survivors of employees or retirees.
2.14 Layoff and Other Loss of Coverage:
a. If a married couple works for the County and one (1) spouse is laid off, the
remaining employee, if eligible, will be allowed to enroll or transfer into the
health and/or dental coverage combination of his/her choice.
b. An eligible employee who loses medical or dental coverage through a
spouse or partner not employed by the County will be allowed to enroll or
transfer into the County health and/or dental plan of his/her choice within
thirty (30) days of the date coverage is no longer afforded under the
spouse’s plan.
2.15 Health Plan Coverages and Provisions: The following provisions are
applicable to County Health and Dental Plan participation:
a. Health, Dental and Life Participation by Other Employees: Except as
provided in Section 2.33 “Health Benefit Access for Employees Not
Otherwise Covered,” Section 2, “Health, Dental, and Related Benefits”
does not apply to employees who work less than twenty (20) hours per
week.
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b. Employee Contribution Deficiencies: The County’s contributions to the
Health Plan and/or Dental Plan premiums are payable for any month in
which the employee is paid. If an employee’s compensation in any month
is not sufficient to pay the employee share of the premium, the employee
must make up the difference by remitting the unpaid amount to the
Human Resources Benefits Division. The responsibility for this payment
rests solely with the employee.
c. Leave of Absence: The County will continue to pay the County shares of
health and/or dental plan premiums for enrolled employees who are on an
approved paid or unpaid leave of absence for a period of thirty (30) days
or more provided the employee’s share of the premiums is paid by the
employee.
d. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan
through the last day of the month in which he/she separates. Employees
who separate from County employment may continue group health and/or
dental plan coverage to the extent provided by the COBRA laws and
regulations.
e. Health Savings Account:
1. Beginning no earlier than the 2017 plan year, active permanent full-
time and active permanent part-time employees who are enrolled in
the Kaiser High Deductible Health Plan may elect to enroll in a Health
Savings Account (HSA). Employees may contribute up to the
maximum annual contribution rate for HSAs as set forth in the United
States Internal Revenue Code. Funds contributed to the HSA are
invested as directed by the employee. The County does not provide
any recommendations or advice on investment or use of HSA
funds. Employees are responsible for paying any HSA account
management fees charged by the HSA administrator. The County
does not manage or administer the HSA. The HSA is not available to
temporary or permanent-intermittent employees.
2. For the 2019 Plan Year, the County will make a one-time contribution
of five hundred dollars ($500) into the HSA for active employees
employed as of January 1, 2019, who are enrolled in the Kaiser
Permanente High Deductible Health Plan for the 2019 plan year and
who have an HSA. The contribution will be made with the February
10, 2019 pay.
3. For the 2020 through 2022 Plan Years, the County will contribute six
hundred and twenty-five dollars ($625) annually into the HSA for active
employees employed as of January 1 who are enrolled in the Kaiser
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Permanente High Deductible Health Plan and have an HSA. The
contribution will be made with the February 10 pay for the plan year.
4. For the 2023 Plan Year and each year thereafter, the County will
contribute seven hundred and fifty dollars ($750) annually into the
HSA for active employees who are enrolled in the Kaiser Permanente
High Deductible Health Plan and have an HSA. The contribution will
be made with the February 10 pay for the plan year.
2.16 Family Member Eligibility Criteria: The following persons may be enrolled as
the eligible Family Members of a medical and/or dental plan Subscriber:
a. Health Insurance
1. Eligible Dependents:
i. Employee’s legal spouse
ii. Employee’s qualified domestic partner
iii. Employee’s child to age 26
iv. Employee’s disabled child who is over age 26, unmarried,
and incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s attainment of
age 19.
2. “Employee’s child” includes natural child, step-child, adopted child,
child of a qualified domestic partner, and a child specified in a
Qualified Medical Child Support Order (QMCSO) or similar court order.
b. Dental Insurance
1. Eligible Dependents – All dental plans:
i. Employee’s legal spouse
ii. Employee’s qualified domestic partner
iii. Employee’s disabled child who is over age 19, unmarried,
and incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s attainment of
age 19.
2. Delta Dental PPO Only – Employee’s unmarried child who is:
i. Under age 19; or
ii. Age 19, or above, but under age 24; and
A. Resides with the Employee for more than 50% of the year
excluding time living at school; and,
B. Receives at least 50% of support from Employee; and
C. Is enrolled and attends school on a full-time basis, as
defined by the School.
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3. Delta Care HMO Only – Employee’s Child to age 26.
4. “Employee’s child” includes natural child, step-child, adopted child,
child of a qualified domestic partner, and a child specified in a
Qualified Medical Child Support Order (QMCSO) or similar court order.
2.B. Employees In Classifications Who Receive Health Care Coverage From
CalPERS
2.17 CalPERS Controls: The CalPERS health care program, as regulated by the
Public Employees’ Medical and Hospital Care Act (PEMHCA), regulations
issued pursuant to PEMHCA, and the administration of PEMHCA by
CalPERS, controls on all medical plan issues for employees who receive
medical care coverage from CalPERS, including, but not limited to, eligibility,
benefit plans, benefit levels, minimum premium subsidies, and costs.
2.18 Contra Costa Health Plan (CCHP): Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative
CalPERS plan option, employees and COBRA counterparts may elect to
enroll in CCHP under the CalPERS plan rules and regulations.
2.19 CalPERS Medical Plan Monthly Premium Subsidy: The County’s subsidy to
the CalPERS monthly medical plan premiums is as provided below. The
employee must pay any CalPERS medical plan premium costs that are
greater than the County’s subsidies identified below.
a. County Medical Plan Premium Subsidy:
1. Beginning on January 1, 2010, and until December 31, 2016, the
amount of the County premium subsidy that is paid for employees and
eligible family members is a set dollar amount and is not a percentage
of the premium charged by the plan. The County will pay the
CalPERS statutory minimum employer monthly medical plan premium
subsidy or the following monthly medical plan premium subsidy,
whichever is greater:
Employee/Retiree/Survivor Only
$472.57
Employee/Retiree/Survivor & One Dependent
$945.13
Employee/Retiree/Survivor & Two or more Dependents
$1228.67
2. Beginning on January 1, 2017, the County premium subsidies that are
paid for employees and eligible family members will be the same
subsidies that the County pays by plan and tier for members of the
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Deputy Sheriffs Association Management Unit in accordance with the
Memorandum of Understanding between the County and the
Association.
b. In the event that the County medical plan premium subsidy amounts are
greater than one hundred percent (100%) of the applicable premium of
any plan, for any plan year, the County’s contribution will not exceed one
hundred percent (100%) of the applicable plan premium.
2.20 CalPERS Retirement Coverage: Government Code section 22892 applies to
all employees in those classifications listed in Exhibit E.
2.21 CalPERS Premium Payments: Employee participation in any CalPERS
medical plan is contingent upon the employee authorizing payroll deduction
by the County of the employee’s share of the premium cost. If an employee’s
compensation in any month (including during a leave of absence) is not
sufficient to pay the employee’s share of the premium, the employee must
pay the difference to the Human Resources Benefits Division. The
responsibility for this payment rests solely with the employee.
2.22 Dental Plan - CalPERS Participants:
a. Employees in the classifications listed in Exhibit E may participate in any
available County Group Dental Plan. The County may change dental plan
providers at any time during the term of this resolution.
b. Dental Plan Monthly Premium Subsidy: On and after January 1, 2010, the
provisions of Section 2.12 “Monthly Premium Subsidy,” relating to the
County subsidies for dental coverage, apply to all classifications listed in
Exhibit E.
c. As to dental coverage only, the following Sections apply to all
classifications listed in Exhibit E: Section 2.13 “Retirement Coverage,”
Section 2.14 “Layoff and Other Loss of Coverage,” Section 2.15 “Health
Plan Coverages and Provisions,” and Section 2.16 “Family Member
Eligibility Criteria.”
2.C. All Employees
2.23 Dual Coverage:
a. Each employee and retiree may be covered by only a single County
health (or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental
plan as either the primary insured or the dependent of another County
employee or retiree, but not as both the primary insured and the
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dependent of another County employee or retiree.
b. All dependents, as defined in Section 2.16, Family Member Eligibility
Criteria, may be covered by the health and/or dental plan of only one
spouse or one domestic partner. For example, when both parents are
County employees, all of their eligible children may be covered as
dependents of either parent, but not both.
c. For purposes of this Section 2.23 only, “County” includes the County of
Contra Costa and all special districts governed by the Board of
Supervisors, including but not limited to, the Contra Costa County Fire
Protection District.
2.24 Life Insurance Benefit Under Health and Dental Plans: For employees who
are enrolled in the County’s program of medical or dental coverage as either
the primary or the dependent, term life insurance in the amount of ten
thousand dollars ($10,000) will be provided by the County.
2.25 Supplemental Life Insurance: In addition to the life insurance benefits
provided by this resolution, employees may subscribe voluntarily and at their
own expense for supplemental life insurance. Employees may subscribe for
an amount not to exceed five hundred thousand dollars ($500,000), of which
one hundred thousand ($100,000) is a guaranteed issue, provided the
election is made within the required enrollment periods.
2.26 Catastrophic Leave Bank: All employees are included in the Catastrophic
Leave Bank and may designate a portion of accrued vacation, compensatory
time, holiday compensatory time, or personal holiday credit to be deducted
from the donor’s existing balances and credited to the bank or to a specific
eligible employee.
a. The County Human Resources Department operates a Catastrophic
Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury,
or condition of the employee or family member. The program establishes
and maintains a Countywide bank wherein any employee who wishes to
contribute may authorize that a portion of his/her accrued vacation,
compensatory time, holiday compensatory time or personal holiday credit
be deducted from those account(s) and credited to the Catastrophic
Leave Bank. Employees may donate hours either to a specific eligible
employee or to the bank. Upon approval, credits from the Catastrophic
Leave Bank may be transferred to a requesting employee’s sick leave
account so that employee may remain in paid status for a longer period of
time, thus partially ameliorating the financial impact of the illness, injury or
condition. Catastrophic illness or injury is defined as a critical medical
condition, a long-term major physical impairment or disability that
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manifests itself during employment.
b. The plan is administered under the direction of the Director of Human
Resources. The Human Resources Department is responsible for
receiving and recording all donations of accruals and for initiating transfer
of credits from the Bank to the recipient’s sick leave account.
Disbursement of accruals is subject to the approval of a six (6) member
committee composed of three (3) members appointed by the County
Administrator and three (3) members appointed by the majority
representative employee organizations. The committee will meet once a
month, if necessary, to consider all requests for credits and will make
determinations as to the appropriateness of the request. The committee
will determine the amount of accruals to be awarded for employees whose
donations are non-specific. Consideration of all requests by the
committee will be on an anonymous requester basis.
c. Hours transferred from the Catastrophic Leave Bank to a recipient will be
in the form of sick leave accruals and will be treated as regular sick leave
accruals.
d. To receive credits under this plan, an employee must have permanent
status, have exhausted all time off accruals to a level below eight (8)
hours total, have applied for a medical leave of absence, and have
medical verification of need.
e. Donations are irrevocable unless the donation to the eligible employee is
denied. Donations may be made in hourly blocks with a minimum
donation of not less than four (4) hours from balances in the vacation,
holiday, personal holiday, compensatory time or holiday compensatory
time accounts. Employees who elect to donate to a specific individual will
have seventy-five percent (75%) of their donation credited to the individual
and twenty-five percent (25%) credited to the Catastrophic Leave Bank.
f. Time donated will be converted to a dollar value and the dollar value will
be converted back to sick leave accruals at the recipient’s base hourly
rate when disbursed. Credits will not be on a straight hour-for-hour basis.
All computations will be on a standard 173.33 basis, except that
employees on other than a forty (40) hour week will have hours prorated
according to their status.
g. Each recipient is limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor is limited to one hundred
twenty (120) hours per calendar year.
h. All appeals from either a donor or recipient will be resolved on a final
basis by the Director of Human Resources.
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i. No employee has any entitlement to catastrophic leave benefits. The
award of Catastrophic Leave is at the sole discretion of the committee,
both as to amounts of benefits awarded and as to persons awarded
benefits. Benefits may be denied, or awarded for less than six (6)
months. The committee may limit benefits in accordance with available
contributions and choose from among eligible applicants on an
anonymous basis those who will receive benefits, except for hours
donated to a specific employee. In the event a donation is made to a
specific employee and the committee determines the employee does not
meet the Catastrophic Leave Bank criteria, the donating employee may
authorize the hours to be donated to the bank or returned to the donor’s
account.
j. Any unused hours transferred to a recipient will be returned to the
Catastrophic Leave Bank.
2.27 Health Care Spending Account: After six (6) months of permanent
employment, full time and part time (20/40 or greater) employees may elect to
participate in a Health Care Spending Account (HCSA) Program designated
to qualify for tax savings under Section 125 of the Internal Revenue Code, but
such savings are not guaranteed. The HCSA Program allows employees to
set aside a predetermined amount of money from their pay, before taxes, for
health care expenses not reimbursed by any other health benefit plans.
HCSA dollars may be expended on any eligible medical expenses allowed by
Internal Revenue Code Section 125. Any unused balance is forfeited and
cannot be recovered by the employee.
2.28 PERS Long-Term Care: The County will deduct and remit monthly premiums
to the PERS Long-Term Care Administrator for employees who are eligible
and voluntarily elect to purchase long-term care at their personal expense
through the PERS Long-Term Care Program.
2.29 Dependent Care Assistance Program: The County will continue to offer the
option of enrolling in a Dependent Care Assistance Program (DCAP)
designed to qualify for tax savings under Section 129 of the Internal Revenue
Code, but such savings are not guaranteed. The program allows employees
to set aside up to five thousand dollars ($5,000) of annual salary (before
taxes) per calendar year to pay for eligible dependent care (child and elder
care) expenses. Any unused balance is forfeited and cannot be recovered by
the employee.
2.30 Premium Conversion Plan: The County will continue to offer the Premium
Conversion Plan (PCP) designed to qualify for tax savings under Section 125
of the Internal Revenue Code, but tax savings are not guaranteed. The
program allows employees to use pre-tax dollars to pay health and dental
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premiums.
2.31 Voluntary Vision Plan: Beginning no earlier than the 2017 plan year, active
permanent full-time and active permanent part-time employees will be offered
the opportunity to enroll in a voluntary vision plan. Employees will pay the full
premium costs of the plan. The County will contract with a provider for a
voluntary vision plan with no co-pays. The vision plan is not available to
temporary or permanent-intermittent employees.
2.32 Prevailing Section: To the extent that any provision of this Section (Section 2.
Health, Dental, and Related Benefits) is inconsistent with any provision of any
other County enactment or policy, including but not limited to Administrative
Bulletins, the Salary Regulations, the Personnel Management Regulations, or
any other resolution or order of the Board of Supervisors, the provision(s) of
this Section (Section 2. Health, Dental, and Related Benefits) will prevail.
2.33 Health Benefit Access for Employees Not Otherwise Covered: To access
County health plans, an employee who is not otherwise eligible for health
coverage by the County, must be eligible to receive an offer of coverage from
the County under the federal Patient Protection and Affordable Care Act
(“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of
coverage (and qualified dependents), will be offered access to County health
insurance plans. Employees will be responsible for the full premium cost of
coverage.
3. Personal Protective Equipment: The County will reimburse employees for safety
shoes and prescription safety eyeglasses in those Management, Exempt and
Unrepresented classifications which the County Administrator has determined
eligible for such reimbursement.
3.10 Safety Shoes: The County will reimburse eligible employees for the purchase
and repair of safety shoes in an amount not to exceed two hundred seventy-
five dollars ($275) for each two (2) year period beginning on January 1, 2002.
There is no limit on the number of shoes or repairs allowed.
3.11 Safety Eyeglasses: The County will reimburse eligible Management, Exempt
and Unrepresented employees for prescription safety eyeglasses which are
approved by the County and are obtained from an establishment approved by
the County.
4. Transportation Expense:
4.10 Mileage Reimbursement: The County will pay a mileage allowance for the
use of personal vehicles on County business at the rate allowed by the
Internal Revenue Service (IRS) as a tax deductible expense, adjusted to
reflect changes in this rate on the date it becomes effective or the first of the
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month following announcement of the changed rate by the IRS, whichever is
later.
4.11 Commuter Benefit Program: Prior to July 1, 2017, the County will offer
employees the option of enrolling in an employee-funded qualified
transportation (commuter) benefit program designed to qualify for tax savings
under Section 132(f) of title 26 of the Internal Revenue Service Code, but
such savings are not guaranteed. The Commuter Benefit Program will allow
employees to set aside pre-tax dollars for qualified transportation expenses to
the extent and amount allowed by the Internal Revenue Service.
5. Retirement Contributions:
5.10 No County Subvention: Effective on October 1, 2011, employees are
responsible for the payment of one hundred percent (100%) of the
employees’ basic retirement benefit contributions determined annually by the
Board of Retirement of the Contra Costa County Employees’ Retirement
Association without the County paying any part of the employees’
contribution. Employees are also responsible for the payment of the
employees’ contributions to the retirement cost-of-living program as
determined annually by the Board of Retirement without the County paying
any part of the employees’ contributions. Except as provided in Section 36
(District Attorney Investigator - Safety Employees Retirement Tier) Section 44
(Probation - Safety Employees Retirement Tiers) and Section 53 (Safety
Employees Retirement Tiers- Miscellaneous Safety Classifications), the County
is responsible for one hundred percent (100%) of the employer’s retirement
contributions determined annually by the Board of Retirement.
5.11 414H2 Participation: The County will continue to implement Section 414(h)
(2) of the Internal Revenue Code which allows the County Auditor–Controller
to reduce the gross monthly pay of employees by an amount equal to the
employee’s total contribution to the County Retirement System before
Federal and State income taxes are withheld, and forward that amount to the
Retirement system. This program of deferred retirement contribution will be
universal and non-voluntary as required by statute.
6. PEPRA Retirement Plan:
A. PEPRA for Employees who become CCCERA Members on or after January
1, 2013: For employees who, under the California Public Employees’ Pension
Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012),
become New Members of the Contra Costa County Employees Retirement
Association (CCCERA) on or after January 1, 2013, retirement benefits are
governed by PEPRA. To the extent that this resolution conflicts with any
provision of PEPRA, PEPRA governs.
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B. COLA: For employees hired by the County on and after January 1, 2014,
who, under PEPRA, become New Members of CCCERA, the cost of living
adjustment to the retirement allowance will not exceed two percent (2%) per
year, and the cost of living adjustment will be banked.
C. Disability Standard: For employees, who under PEPRA, become New
Members of CCCERA, the disability provisions are the same as the current
Tier III disability provisions.
D. This section 6 does not apply to employees who are safety members of the
Contra Costa County Employees Retirement Association.
7. Training:
7.10 Career Development Training Reimbursement: All full-time employees
(excluding attorney classes) are eligible for career development training
reimbursement not to exceed seven hundred fifty dollars ($750) per fiscal
year. The reimbursement of training expenses includes books and is
governed by any Administrative Bulletins on Travel or Training.
7.11 Management Development Policy: Employees are authorized to attend
professional training programs, seminars, and workshops, during normal work
hours at the discretion of their Department Head, for the purpose of
developing knowledge, skills, and abilities in the areas of supervision,
management, and County policies and procedures. Up to thirty (30) hours of
such training time is recommended annually.
a. Departments are encouraged to provide for professional development
training exceeding thirty (30) hours annually for people newly promoted to
positions of direct supervision.
b. To encourage personal and professional growth, the County provides
reimbursement for certain expenses incurred by employees for job-related
training (required training and career development training/education).
Provision for eligibility and reimbursement is identified in Administrative
Bulletin 112.9.
c. The Department Head is responsible for authorization of individual
professional development reimbursement requests. Reimbursement is
through the regular demand process with demands being accompanied by
proof of payment (copy of invoice or canceled check).
8. Bilingual Pay Differential: A monthly salary differential will be paid to incumbents of
positions requiring bilingual proficiency as designated by the Appointing Authority
and the Director of Human Resources. The differential will be prorated for
employees working less than full time and/or on an unpaid leave of absence during
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any given month. The differential is two hundred dollars ($200.00) per month.
Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County, and such designations may be amended or deleted at any
time.
9. Higher Pay for Work in a Higher Classification: The County Salary Regulations
notwithstanding, when an employee is required to work in a higher paid
classification, the employee will receive the higher compensation for such work,
pursuant to the County Salary Regulations, plus any differentials and incentives the
employee would have received in his/her regular position. Unless the Board has by
Resolution otherwise specified, the higher pay entitlement will begin on the
completion of the 40th consecutive hour in the assignment, retroactive to the
beginning of the second full day of work in the assignment.
10. Workers’ Compensation and Continuing Pay: For all accepted workers’
compensation claims filed with the County on or after January 1, 2008, employees
will receive seventy five percent (75%) of their regular monthly salary during any
period of compensable temporary disability not to exceed one (1) year. Pay based
on accepted workers’ compensation claims filed before January 1, 2007, but after
December 31, 1999, will be paid as provided in Resolution No. 2006/22. Pay based
on accepted workers’ compensation claims filed before January 1, 2000, will be paid
as provided in resolution No. 96/488. If workers’ compensation benefits become
taxable income, the County will restore the former benefit level, one hundred percent
(100%) of regular monthly salary.
10.10 Waiting Period: There is a three (3) calendar day waiting period before
workers’ compensation benefits commence. If the injured worker loses any
time on the date of injury, that day counts as day one (1) of the waiting
period. If the injured worker does not lose time on the date of the injury, the
waiting period is the first three (3) days following the date of the injury. The
time the employee is scheduled to work during this waiting period will be
charged to the employee’s sick leave and/or vacation accruals. In order to
qualify for workers’ compensation, the employee must be under the care of a
physician. Temporary compensation is payable on the first three (3) days of
disability when the injury necessitates hospitalization, or when the disability
exceeds fourteen (14) days.
10.11 Continuing Pay: A permanent employee will receive the applicable
percentage of regular monthly salary in lieu of workers’ compensation during
any period of compensable temporary disability not to exceed one year.
“Compensable temporary disability absence” for the purpose of this Section,
is any absence due to work-connected disability which qualifies for temporary
disability compensation under workers’ compensation law set forth in Division
4 of the California Labor Code. When any disability becomes medically
permanent and stationary, the salary provided by this Section will terminate.
No charge will be made against sick leave or vacation for these salary
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payments. Sick leave and vacation rights do not accrue for those periods
during which continuing pay is received. Employees are entitled to a
maximum of one (1) year of continuing pay benefits for any one injury or
illness.
Continuing pay begins at the same time that temporary workers’
compensation benefits commence and continues until either the member is
declared medically permanent/stationary, or until one (1) year of continuing
pay, whichever comes first, provided the employee remains in an active
employed status. Continuing pay is automatically terminated on the date an
employee is separated from County service by resignation, retirement, layoff,
or the employee is no longer employed by the County. In these instances,
employees will be paid workers’ compensation benefits as prescribed by
workers’ compensation laws. All continuing pay must be cleared through the
County Administrator’s Office, Risk Management Division.
10.12 Physician Visits: Whenever an employee who has been injured on the job
and has returned to work is required by an attending physician to leave work
for treatment during working hours, the employee is allowed time off, up to
three (3) hours for such treatment, without loss of pay or benefits. Said visits
are to be scheduled contiguous to either the beginning or end of the
scheduled workday whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
10.13 Labor Code §4850 Exclusion: The foregoing provisions for workers’
compensation and continuing pay are inapplicable in the case of employees
entitled to benefits under Labor Code Section 4850.
11. Other Terms and Conditions of Employment
11.10 Overtime Exempt Exclusion: Employees who are exempt from FLSA overtime
in unrepresented, management, and exempt classifications may be made
eligible for County Overtime pay if their names are placed on the Overtime
Exempt Exclusion List by the County Administrator’s Office. Employees on
the Overtime Exempt Exclusion List are authorized to receive County
overtime pay only. Employees on the Overtime Exempt Exclusion List are
NOT eligible for Annual Management Administrative Leave for the quarter
they are on the Overtime Exempt Exclusion List. The policies and
procedures for the Overtime Exempt Exclusion List are set forth in
Administrative Bulletin 317.
11.11 County Overtime: Employees on the Overtime Exempt Exclusion List will be
compensated at one and one-half (1.5) times their base rate of pay (excluding
differentials) for authorized hours worked exceeding eight (8) hours in a day
or forty (40) hours in a week.
11.12 Pay Limitations: Employees are not entitled to receive hazard pay, shift pay
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or County overtime pay (except as provided in this Section 11 Other Terms
and Conditions of Employment), or on-call duty pay or call-back pay (except
as provided in Section IV Special Benefits For Employees by Department or
Class.)
11.13 Length of Service Credits: Length of service credit dates from the beginning
of the last period of continuous County employment, including temporary,
provisional and permanent status and absences on an approved leave of
absence; except that when an employee separates from a permanent
position in good standing and is subsequently re-employed in a permanent
County position within two (2) years from the date of separation, the period of
separation will be bridged. Under these circumstances, the service credits
will include all credits accumulated at the time of separation but will not
include the period of separation. The service credits of an employee are
determined from employee status records maintained by the Human
Resources Department.
11.14 Mirror Classifications: As determined in the sole discretion of the Director of
Human Resources, employees in unrepresented job classifications that mirror
Management, represented or unrepresented job classifications may receive
the salary and fringe benefits that are received by employees in the mirror
classification.
11.15 Deep Classes: No provision of this Resolution regarding terms and conditions
of employment supersedes any provision of any Deep Class Resolution.
11.16 Administrative Provisions: The County Administrator may establish
guidelines, bulletins or directives as necessary to further define or implement
the provisions of this resolution.
11.17 Timestamp: Permanent Intermittent (hourly) employees must time stamp in
and out as they begin their work shifts, finish their work shifts, and take meal
periods.
11.18 Salary Upon Promotion from a Competitive Recruitment: Internal candidates
applying for promotional opportunities within the County may be
disadvantaged over non-County employees when negotiating beginning
salary. An employee who is appointed as a result of a competitive
recruitment may be placed at any step in the new salary range, provided that
their education and experience merit such a step. The Director of Human
Resources shall approve or deny any step greater than the step placement
defined in the Salary Regulations Section 4.1- Salary-On Promotion.
II. BENEFITS FOR MANAGEMENT AND EXEMPT EMPLOYEES
Management and Exempt employees will receive the benefits set forth in Part I and also
the following additional benefits:
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12. Management Longevity Pay:
12.10 Ten Years of Service:
a. Employees who have completed ten (10) years of service for the County
are eligible to receive a two and one-half percent (2.5%) longevity
differential effective on the first day of the month following the month in
which the employee qualifies for the ten (10) year service award.
b. Effective April 1, 2007, this section does not apply to members of the
Board of Supervisors, except those members who earned this benefit
while serving on the Board of Supervisors and were receiving this benefit
as of March 31, 2007.
c. Effective November 1, 2007, for employees who were employed by
Contra Costa County, became employees of the Contra Costa Superior
Court by operation of law, and thereafter are rehired by Contra Costa
County in the classification of District Attorney Manager of Law Offices
(JJGE), eligibility for this longevity differential will be determined by adding
together all service time with Contra Costa County and all service time
with the Contra Costa Superior Court. If this sum is more than ten (10)
years, this longevity differential will only be paid prospectively from the
date the employee is rehired by Contra Costa County.
12.11 Fifteen Years of Service:
a. Employees who have completed fifteen (15) years of service for the
County are eligible to receive an additional two and one-half percent
(2.5%) longevity differential effective on the first day of the month
following the month in which the employee qualifies for the fifteen (15)
year service award. For employees who completed fifteen (15) years of
service on or before January 1, 2007, this longevity differential will be paid
prospectively only from January 1, 2007.
b. This section does not apply to employees who are eligible to receive the
District Attorney Inspectors Longevity Differential set forth in Section 34 or
the Sheriff Law Enforcement Longevity Differential set forth in Section 49.
c. Effective April 1, 2007, this section does not apply to members of the
Board of Supervisors, except those members who earned this benefit
while serving on the Board of Supervisors and were receiving this benefit
as of March 31, 2007.
d. Effective November 1, 2007, for employees who were employed by
Contra Costa County, became employees of the Contra Costa Superior
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Court by operation of law, and thereafter are rehired by Contra Costa
County in the classification of District Attorney Manager of Law Offices
(JJGE), eligibility for this longevity differential will be determined by adding
together all service time with Contra Costa County and all service time
with the Contra Costa Superior Court. If this sum is more than fifteen (15)
years, this longevity differential will only be paid prospectively from the
date the employee is rehired by Contra Costa County.
13. Deferred Compensation:
13.10 Deferred Compensation Incentive: The County will contribute eighty-five
dollars ($85) per month to each employee who participates in the County’s
Deferred Compensation Plan. To be eligible for this Deferred Compensation
Incentive, the employee must contribute to the deferred compensation plan
as indicated below.
Employees with
Current Monthly
Salary of:
Qualifying Base
Contribution
Amount
Monthly Contribution
Required to Maintain
Incentive Program Eligibility
$2,500 and below
$2,501 – 3,334
$3,335 – 4,167
$4,168 – 5,000
$5,001 – 5,834
$5,835 – 6,667
$6,668 and above
$250
$500
$750
$1,000
$1,500
$2,000
$2,500
$50
$50
$50
$50
$100
$100
$100
Employees who discontinue contributions or who contribute less than the
required amount per month for a period of one (1) month or more will no
longer be eligible for the eighty-five dollar ($85) Deferred Compensation
Incentive. To reestablish eligibility, employees must again make a Base
Contribution Amount as set forth above based on current monthly salary.
Employees with a break in deferred compensation contributions either
because of an approved medical leave or an approved financial hardship
withdrawal will not be required to reestablish eligibility. Further, employees
who lose eligibility due to displacement by layoff, but maintain contributions at
the required level and are later employed in an eligible position, will not be
required to reestablish eligibility.
13.11 Special Benefit for Permanent Employees Hired on and after January 1,
2009:
a. Beginning on April 1, 2009 and for the term of this resolution, the County
will contribute one hundred and fifty dollars ($150) per month to an
employee’s account in the Contra Costa County Deferred Compensation
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Plan, or other tax-qualified savings program designated by the County, for
employees who meet all of the following conditions:
1. The employee must be hired by Contra Costa County on or after
January 1, 2009.
2. The employee must be appointed to a permanent position. The
position may be either full time or part time, but if it is part time, it must
be designated, at a minimum, as 20 hours per week.
3. The employee must have been employed by Contra Costa County for
at least 90 calendar days.
4. The employee must contribute a minimum of twenty-five dollars ($25)
per month to the Contra Costa County Deferred Compensation Plan,
or other tax-qualified savings program designated by the County.
5. The employee must complete and sign the required enrollment form(s)
for his/her deferred compensation account and submit those forms to
the Human Resources Department, Employee Benefits Services Unit.
6. The employee may not exceed the annual maximum contribution
amount allowable by the United States Internal Revenue Code.
b. This special benefit does not apply to any employee who is covered by
Section 2.13, subsection (a) (1).
13.12 No Cross Crediting: The amounts contributed by the employee and the
County pursuant to Section 13.11 do not count towards the “Qualifying Base
Contribution Amount” or the “Monthly Contribution Required to Maintain
Incentive Program Eligibility” in Section 13.10. Similarly, the amounts
contributed by the employee and the County pursuant to Section 13.10 do not
count towards the employee’s $25 per month minimum contribution required
by Section 13.11.
13.13 Maximum Annual Contribution: All of the employee and County contributions
set forth in Sections 13.10 and 13.11 will be added together to ensure that the
annual maximum contribution to the employee’s deferred compensation
account does not exceed the annual maximum contribution rate set forth in
the United States Internal Revenue Code.
13.14 Eligibility for Loan Program: All employees are eligible to apply for loans from
the Contra Costa County Deferred Compensation Plan loan program
established by the Board of Supervisors on June 26, 2012, by Resolution No.
2012/298.
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14. Annual Management Administrative Leave:
A. On January 1st of each year, all full-time unrepresented, management, and
exempt employees in paid status will be credited with ninety-four (94) hours
of paid Management Administrative Leave. All Management Administrative
Leave time is non-accruable and all balances will be zeroed out on December
31 of each year.
B. Permanent part-time employees are eligible for Management Administrative
Leave on a prorated basis, based upon their position hours. Permanent-
intermittent employees are not eligible for Management Administrative Leave.
C. Employees appointed (hired or promoted) to unrepresented, management, or
exempt positions are eligible for Management Administrative Leave on the
first day of the month following their appointment date and will receive
Management Administrative Leave on a prorated basis for that first year.
D. Unrepresented, management, and exempt employees on the Overtime
Exempt Exclusion List are authorized to receive overtime pay; therefore, their
Management Administrative Leave will be reduced by 25% each time the
employee is on the List. The 25% reduction will be deducted from the
employee’s current leave balance, but if there is no balance, it will be
deducted from future awarded Annual Management Administrative Leave.
This section does not apply to the unrepresented, management, and exempt
attorneys of the Offices of the District Attorney, County Counsel, and Public
Defender. (See Section 31.)
E. Employees eligible for FLSA overtime are not eligible for Management
Administrative Leave. Such Employees who have existing Management
Administrative Leave balances as of May 1, 2017 may use the leave through
December 31, 2017.
15. Management Life Insurance: Employees are covered at County expense by term
life insurance in the amount of fifty seven thousand dollars ($57,000) in addition to
the insurance provided in Section 2.24.
16. Vacation Buy Back:
Employees may elect payment of up to one-third (1/3) of their annual vacation
accrual, subject to the following conditions: (1) the choice can be made only once
every thirteen (13) months and there must be at least 12 full months between each
election; (2) payment is based on an hourly rate determined by dividing the
employee’s monthly salary by 173.33; and (3) the maximum number of vacation
hours that may be paid in any one sale is one-third (1/3) of the annual accrual. Such
sales may be made on a prospective basis only.
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Lump Sum Payments: Where a lump-sum payment is made to employees as a
retroactive general salary adjustment for a portion of a calendar year that is
subsequent to the exercise by an employee of the vacation buy-back provision
herein, that employee’s vacation buy-back will be adjusted to reflect the percentage
difference in base pay rates upon which the lump-sum payment was computed,
provided that the period covered by the lump-sum payment includes the effective
date of the vacation buy-back.
17. Professional Development Reimbursement: Employees (excluding Department
Heads, their Chief Assistant(s), Engineering Managers, and all Attorney classes) are
eligible for reimbursement of up to six hundred twenty-five dollars ($625) for each
two (2) year period beginning on January 1, 1999, for memberships in professional
organizations, subscriptions to professional publications, attendance fees at job-
related professional development activities and purchase of job-related computer
hardware and software (excludes automation connectivity, support, or subscription
fees) from a standardized County-approved list or with Department Head approval,
provided each employee complies with the provisions of the Computer Use and
Security Policy adopted by the Board of Supervisors and the applicable manuals. In
order to receive reimbursement, the employee must have been in an eligible
classification when the expense was incurred.
Each professional development reimbursement request must be approved by the
Department Head and submitted through the regular demand process. Demands
must be accompanied by proof of payment (copy of invoice or receipt). Certification
regarding compliance with the County’s computer use and security policy may be
required. Questions regarding the appropriateness of a request will be answered by
the Office of the County Administrator.
18. Sick Leave Incentive Plan: Employees may be eligible for a payoff of a part of
unused sick leave accruals at separation. This program is an incentive for
employees to safeguard sick leave accruals as protection against wage loss due to
time lost for injury or illness. Payoff must be approved by the Director of Human
Resources, and is subject to the following conditions:
A. The employee must have resigned in good standing.
B. Payout is not available if the employee is eligible to retire.
C. The balance of sick leave at resignation must be at least seventy percent
(70%) of accruals earned in the preceding continuous period of employment
excluding any sick leave use covered by the Family and Medical Leave Act,
the California Family Rights Act, or the California Pregnancy Disability Act.
D. Payout is by the following schedule:
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Years of Payment
Continuous Service
Payment of Unused
Sick Leave Payable
3 – 5 years
5 – 7 years
7 plus years
30%
40%
50%
E. No payoff will be made pursuant to this section unless the Contra Costa
County Employees’ Retirement Association has certified that an employee
requesting a sick leave payoff has terminated membership in, and has
withdrawn his or her contributions from, the Retirement Association.
F. It is the intent of the Board of Supervisors that payments made pursuant to
this section are in lieu of County retirement benefits resulting from
employment by this County or by Districts governed by this Board.
19. Computer Vision Care (CVC) Users Eye Examination: Employees are eligible to
receive an annual eye examination on County time and at County expense provided
that the employee regularly uses a video display terminal at least an average of two
(2) hours per day as certified by their department.
Employees certified for examination under this program must make their request
through the Benefits Service Unit of the County Human Resources Department.
Should prescription CVC eyeglasses be prescribed for the employee following the
examination, the County agrees to provide, at no cost, basic CVC eye wear
consisting of a fifty dollar ($50) frame and single, bifocal or trifocal lenses.
Employees may, through individual arrangement between the employee and the
employees’ doctor and solely at the employee’s expense, include blended lenses
and other care, services or materials not covered by the Plan.
20. Long-Term Disability Insurance: The County will continue in force the Long-Term
Disability Insurance program with a replacement limit of eighty-five (85%) of total
monthly base earnings reduced by any deductible benefits.
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III. BENEFITS FOR ELECTED AND APPOINTED DEPARTMENT HEADS
Department Heads will receive the benefits set forth in Part I and Part II and the following
additional benefits:
21. Executive Automobile Allowance:
21.10 Elected Department Heads:
The below-listed elected Department Heads are eligible to receive a $600 per
month automobile allowance plus mileage for miles driven outside Contra
Costa County at the rate per mile allowed by the Internal Revenue Service
(IRS) as a deductible expense.
Receipt of this automobile allowance means that the elected Department
Head must use a private automobile for County business.
Assessor (DAA1)
Auditor–Controller (SAA1)
Clerk–Recorder (ALA1)
District Attorney (2KA1)
Treasurer–Tax Collector (S5A1)
The Sheriff-Coroner (6XA1) is eligible to receive a $500 per month
automobile allowance plus mileage for miles driven inside and outside of
Contra Costa County at the rate per mile allowed by the Internal Revenue
Service (IRS) as a deductible expense. Receipt of this automobile allowance
means that the Sheriff-Coroner must use a private automobile for County
business.
21.11 Temporary Loss of Vehicle:
If use of a County vehicle is temporarily required as the result of an
emergency, such as an accident or mechanical failure to the recipient’s
personal automobile, a County vehicle may be used if approved by the
County Administrator or his/her designee. The user’s department will be
charged for the costs of the temporary use of the County vehicle. Further, the
user of the County vehicle will not receive his/her automobile allowance while
using the County vehicle.
22. Executive Life Insurance: In lieu of the insurance provided under Section 15,
Department Heads are covered at County expense by term life insurance in the
amount of sixty thousand dollars ($60,000) additional to the insurance provided
under Section 2.24.
23. Executive Professional Development Reimbursement: Department Heads and
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those chief assistants listed in Exhibit D (excluding Attorney classes) are eligible for
reimbursement of up to nine hundred twenty-five dollars ($925) for each two (2) year
period beginning January 1, 1999 for memberships in professional organizations,
subscriptions to professional organizations, subscriptions to professional
publications, attendance fees at job-related professional development activities, and
purchase of job-related computer hardware and software, such as blackberries,
iPhones, and treos (excluding automation connectivity, support, or subscription fees)
from a standardized County-approved list or with Department Head approval,
provided each employee complies with the provisions of the Computer Use and
Security Policy adopted by the Board of Supervisors and the applicable manuals. In
order to receive reimbursement, the employee must have been in an eligible
classification when the expense was incurred.
Each executive professional development reimbursement request must be approved
by the Department Head and submitted through the regular demand process.
Demands must be accompanied by proof of payment (copy of invoice or receipt).
Certification regarding compliance with the County’s computer use and security
policy may be required. Questions regarding the appropriateness of a request will
be determined by the Office of the County Administrator.
24. Appointed Department Heads: The Appointed Department Heads are the
Agricultural Commissioner/Director of Weights and Measures, Chief Assistant
County Administrator, County Counsel, County Finance Director, County Librarian,
County Probation Officer, County Veteran’s Services Officer, Director of Employment
and Human Services, Director of Animal Services, Director of Child Support
Services, Director of Conservation and Development, Director of Health Services,
Director of Human Resources, Director of Information Technology, Director of Risk
Management, Public Defender, and the Public Works Director. (The Fire Chief of
the Contra Costa County Fire Protection District is also an appointed Department
Head, but the benefits for the Fire Chief are set forth in a separate Fire Management
Resolution.)
25. Elected Department Heads: The Elected Department Heads are the Assessor,
Auditor–Controller, Clerk–Recorder, District Attorney, Sheriff–Coroner, and
Treasurer–Tax Collector.
26. Elected Department Head Benefits and Board of Supervisors Member Benefits:
Elected Department Heads will receive only the following benefits under Parts I, II,
and III, together with such benefits as may be authorized under Part IV, as specified:
26.10 Elected Department Heads:
a. All Elected Department Heads will receive the benefits set forth in Part I,
Sections 5, 6, 7, 8, 10, and 11.12.
b. Elected Department Heads will receive the benefits set forth in Part I,
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Section 2, in accordance with the following:
1. Elected Department Heads other than the Sheriff receive health care
coverage from County health plans pursuant to Section 2 A.
i. Those Elected Department Heads who were County employees
when elected to County office with a County employee hire date
that is earlier than January 1, 2009, will receive the benefits set
forth in Part I, Section 2 A except the provisions set forth in
Section 2.13 (a) (3) do not apply.
ii. Those Elected Department Heads who were County employees
when elected to County office with a County employee hire date
that is on or after January 1, 2009, will receive all of the benefits
set forth in Part I, Section 2 A.
iii. Those Elected Department Heads who were not County
employees when elected to County office will receive all of the
benefits set forth in Part I, Section 2 A.
2. The Sheriff receives health care coverage from CalPERS pursuant to
Section 2 B.
3. All Elected Department Heads receive the benefits set forth in Section
2 C, excluding section 2.26.
c. All Elected Department Heads will receive the benefits set forth in Part II,
Sections 13, 19 and 20.
d. Elected Department Heads will not receive the benefits set forth in Part II,
Section 12. Elected Department Heads who are in their elected office
and receiving longevity pay as of October 1, 2010 are eligible for the
following benefit:
1. A five percent (5%) longevity differential upon the completion of ten
years of service effective on the first day of the month following the
month in which the official qualifies for the ten (10) year service award.
2. An additional two and one half (2.5%) longevity differential upon the
completion of fifteen (15) years of service effective on the first day of
the month following the month in which the official qualifies for the
fifteen (15) year service award.
e. As compensation for not accruing paid vacation credit, in addition to the
benefits of Part II, Section 13, twelve thousand dollars ($12,000) as a
deferred compensation contribution will be added to the elected
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department head’s deferred compensation account effective July 1 of
each year (commencing July 1, 2007). If after July 1, but prior to June 30
of the next succeeding year, for any reason, the elected department
head’s occupancy of office terminates and/or expires, the elected
department head is entitled to an additional deferred compensation
account contribution prorated from July 1 to include the time period the
elected department head served prior to the next June 30. Further, if, for
any reason, all or part of such deferred compensation cannot be paid into
a deferred compensation account the elected department head is entitled
to an equivalent lump-sum payment. None of the County’s twelve
thousand dollar ($12,000) contribution may be used to establish eligibility
and qualification to receive the additional eighty-five dollars ($85) monthly
Deferred Compensation Incentive contribution otherwise provided by the
County.
f. All Elected Department Heads will receive the benefits set forth in Part III,
Sections 21, 22 and 23.
g. A County employee who becomes a County elected official may receive
payment for unused vacation accruals only at the rate of pay that the
elected official last earned as a County employee. The elected official
may not be paid for unused vacation accruals at the rate of pay earned as
an elected official.
h. Only the Board of Supervisors is authorized to prescribe the
compensation of County elected officials pursuant to Government Code
section 25300.
26.11 Board of Supervisors: Board of Supervisors members will receive only the
following benefits under Parts I, II, and III.
a. Part I: The benefits set forth in Sections 5, 6, 7, 10, and 11.12.
b. Part 1, Section 2: in accordance with the following, health care coverage
from County health plans pursuant to Section 2 A.
1. Those Supervisors who were County employees when elected to
County office with a County employee hire date that is earlier than
January 1, 2009, will receive the benefits set forth in Part I, Section 2
A except the provisions set forth in Section 2.13 (a) (3) do not apply.
2. Those Supervisors who were County employees when elected to
County office with a County employee hire date that is on or after
January 1, 2009, will receive all of the benefits set forth in Part I,
Section 2 A.
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3. Those Supervisors who were not County employees when elected to
County office will receive all of the benefits set forth in Part I, Section 2
A.
c. Part I, Section 2 C, excluding Section 2.26.
d. Part II: The benefits set forth in Sections 13, 19, and 20.
e. Part III: The benefits set forth in Sections 22 and 23.
f. The provisions of Section 26.10(g) above apply to Board of Supervisors
Members.
IV. SPECIAL BENEFITS FOR EMPLOYEES BY DEPARTMENT OR CLASS
27. Accounting Certificate Differential: Incumbents of Management professional
accounting, auditing or fiscal officer positions who possess one of the following
certifications in good standing will receive a differential of five percent (5%) of base
monthly salary: (1) A valid Certified Public Accountant (CPA) license issued by the
State of California, Department of Consumer Affairs, Board of Accountancy; (2) a
Certified Internal Auditor (CIA) certification issued by the Institute of Internal
Auditors; (3) a Certified Management Accountant (CMA) certification issued by the
Institute of Management Accountants; or (4) a Certified Government Financial
Manager (CGFM) certification issued by the Association of Government
Accountants.
28. (Reserved)
29. Animal Services Uniform Allowance: The uniform allowance for employees in the
management class of Animal Services Captain-Exempt (BJD2) is eight hundred
dollars ($800), payable one-twelfth (1/12) of the yearly total in monthly pay warrants.
Any increase in the Uniform Allowance, which may be granted to Animal Services
Officers while this Resolution is in effect, is granted to this Animal Services
Management class.
30. Attorney State Bar Dues and Professional Development Reimbursement:
30.10 State Bar Dues Reimbursement: The County will reimburse employees in
the classes set forth below for California State Bar Membership dues (but
not penalty fees) and, if annually approved in advance by the Department
Head, fees for criminal and/or civil specialization.
30.10.1 Payment For Fingerprinting: New California Rule of Court 9.9.5, requires
active licensed attorneys in California to be re-fingerprinted by April 30,
2019, without penalty. Employees who are active licensed attorneys may
have their fingerprinting done via the Live Scan service in the Human
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Resources Department at no cost to the employee. If an employee
chooses to obtain fingerprinting services from another provider, any costs of
such services will be at the employee’s sole expense.
30.11 Professional Development Reimbursement: The County will reimburse
employees in the classes listed in Section 30.13 up to a maximum of seven
hundred dollars ($700) each fiscal year for the following types of expenses:
a. Purchase of job-related computer hardware and software.
b. Membership dues in legal professional associations.
c. Purchase of legal publications.
d. Training and travel costs for job-related educational courses.
e. Legal on-line computer services.
Any unused accrual may be carried forward to the next fiscal year up to a
maximum of eight hundred dollars ($800).
30.12 Law School Student Loan Reimbursement Program
a. Eligibility:
1. Only Employees in the classes listed in Section 30.13, excluding
County Counsel (2EA1), District Attorney (2KA1), and Public Defender
(25A1), are eligible.
2. Temporary employees are not eligible for payments. Time served as a
temporary employee does not count towards eligibility for payments.
b. Qualifying amount and terms: The employee must satisfy all of the
following criteria to be eligible for any payments through this Law School
Student Loan Reimbursement Program.
1. First Payment: The employee must have been hired into one of the
listed classes and have worked in one or more of those classes for at
least three (3) consecutive years from date of hire to be eligible for the
first payment. After completion of the third consecutive year of
employment in one or more of those classes, the employee may
receive $2,000 for purposes of reimbursement for law school student
loan payments.
2. Second Payment: For an employee who entered County service in
one of the listed classes, the employee must work in one or more of
those classes during the fourth year of employment from date of hire
to be eligible for the second payment. After completion of four (4)
years of employment with the County in one or more of those classes,
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the employee may receive an additional $3,000 for purposes of
reimbursement for law school loan payments.
3. Third Payment: For an employee who entered County service in one
of the listed classes, the employee must work in one or more of those
classes during the fifth year of employment from date of hire to be
eligible for the third payment. After completion of five (5) years of
employment with the County in one or more of those classes, the
employee may receive an additional $4,000 for purposes of
reimbursement for law school loan payments.
4. Fourth Payment: For an employee who entered County service in one
of the listed classes, the employee must work in one or more of those
classes during the sixth year of employment from date of hire to be
eligible for the fourth payment. After completion of six (6) years of
employment with the County in one or more of those classes, the
employee may receive an additional $6,000 for purposes of
reimbursement for law school loan payments.
5. For each requested payment: The employee must submit a request for
reimbursement on the County’s law school loan reimbursement form
and attach documentation that establishes to the satisfaction of the
department the existence of an outstanding law school student loan to
the employee from an educational entity, government entity, or
commercial lending institution. Employees may not request more than
one payment per year, and there must be at least twelve (12) full
months between each request for payment.
6. This program is not available to employees who paid off their law
school student loans prior to July 1, 2015, to those employees who did
not incur law school student loans from an educational entity,
government entity, or commercial lending institution, or to participating
employees once they have paid off their law school student loans.
7. The law school student loan reimbursement payments will not exceed
$2,000 for the first payment, $3,000 for the second payment, $4,000
for the third payment, and $6,000 for the fourth payment. No
employee may receive more than a total maximum lifetime
reimbursement of $15,000.
8. The law school student loan reimbursement payments are subject to
applicable state and federal withholding, if any.
9. The terms and conditions of this law school student loan
reimbursement program are subject to procedures approved by the
County Auditor-Controller’s Office.
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30.13 Eligible Classes:
This section applies only to the following classifications:
Assistant County Counsel-Exempt (2ED1)
Assistant District Attorney-Exempt (2KD3)
Assistant Public Defender-Exempt (25D2)
Chief Asst. County Counsel-Exempt (2ED2)
Chief Asst. Deputy District Atty-Exempt (2KD2)
Chief Assistant Public Defender-Exempt (25D1)
Chief Trial Deputy Public Defender (25DB)
Civil Litigation Attorney-Advanced (2ETG)
Civil Litigation Attorney-Standard (2ETF)
Civil Litigation Attorney-Basic (2ETE)
County Counsel (2EA1)
Deputy County Counsel-Advanced (2ETK)
Deputy County Counsel-Standard (2ETJ)
Deputy County Counsel-Basic (2ETH)
Deputy County Counsel-Advanced-Exempt (2ET3)
Deputy County Counsel-Standard-Exempt (2ET2)
Deputy County Counsel-Basic-Exempt (2ET1)
District Attorney (2KA1)
Public Defender (25A1)
Senior Deputy District Attorney-Exempt (2KD1)
Senior Financial Counsel-Exempt (2ED3)
Supervising Attorney-Child Support Services (29HA)
Attorney Basic-Child Support Services (29VA)
Attorney Advanced-Child Support Services (29TA)
Attorney Entry-Child Support Services (29WA)
31. Attorney Management Administrative Leave and Additional Longevity Pay:
31.10 Attorney Management Administrative Leave:
a. On January 1st of each year, the employees in the classes set forth below
who are in paid status, excluding fixed-term employees and contract
attorneys, will be credited with ninety-four (94) hours of Management
Administrative Leave. Management Administrative Leave must be used
during the calendar year in which it is credited and any unused hours may
not be carried forward.
b. Attorneys appointed after January 1st, are eligible for Management
Administrative Leave on the first day of the month following their
hire/promotion date and will receive a pro-rated amount of Management
Administrative Leave for the remainder of that calendar year and are
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eligible for ninety-four (94) hours annually thereafter.
c. Permanent part time attorneys are eligible for Management Administrative
Leave on a prorated basis, based upon their position hours, beginning on
January 1st following their appointment and in the same proportion on
each January 1st thereafter. Permanent-intermittent attorneys are not
entitled to Management Administrative Leave. Any attorney on a leave of
absence will have his/her Management Administrative Leave hours
prorated upon his/her return.
d. Unrepresented, management, and exempt attorneys on the Overtime
Exempt Exclusion List are authorized to receive overtime pay; therefore,
their Management Administrative Leave will be reduced by 25% each time
the attorney is on the List. The 25% reduction will be deducted from the
employee’s current leave balance, but if there is no balance, it will be
deducted from future awarded Management Administrative Leave.
31.11 Additional Longevity Pay at 20 Years of County Service:
In addition to the Longevity Pay provided in Section 12 of this resolution,
employees in the classes set forth below are eligible to receive an additional
two percent (2%) longevity differential effective on the first day of the month
following the month in which the employee qualifies for the twenty (20) year
service award, beginning on November 1, 2012. For those employees who
have twenty years of service on or before November 1, 2012, this longevity
differential will be paid prospectively only from November 1, 2012.
31.12 Eligible Classes:
This section applies only to the following classifications:
Assistant County Counsel-Exempt (2ED1)
Assistant District Attorney-Exempt (2KD3)
Assistant Public Defender-Exempt (25D2)
Chief Asst. County Counsel-Exempt (2ED2)
Chief Asst. Deputy District Atty-Exempt (2KD2)
Chief Assistant Public Defender-Exempt (25D1)
Chief Trial Deputy Public Defender (25DB)
Civil Litigation Attorney-Advanced (2ETG)
Civil Litigation Attorney-Standard (2ETF)
Civil Litigation Attorney-Basic (2ETE)
County Counsel (2EA1)
Deputy County Counsel-Advanced (2ETK)
Deputy County Counsel-Standard (2ETJ)
Deputy County Counsel-Basic (2ETH)
Deputy County Counsel-Advanced-Exempt (2ET3)
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Deputy County Counsel-Standard-Exempt (2ET2)
Deputy County Counsel-Basic-Exempt (2ET1)
Public Defender (25A1)
Senior Deputy District Attorney-Exempt (2KD1)
Senior Financial Counsel-Exempt (2ED3)
Supervising Attorney-Child Support Services (29HA)
Attorney Basic-Child Support Services (29VA)
Attorney Advanced-Child Support Services (29TA)
Attorney Entry-Child Support Services (29WA)
32. Assessor Education Differential: Employees in the management class of
Assistant County Assessor-Exempt (DAB1) are entitled to a salary differential of two
and one-half percent (2.5%) of base monthly salary for possession of a certification
for educational achievement from at least one of the following:
A. American Institute of Real Estate Appraisers Residential Member
designation.
B. State Board of Equalization Advanced Appraiser Certification.
C. International Association of Assessing Officers Residential Evaluation
Specialist.
D. Society of Auditor-Appraiser Master Auditor-Appraiser designation.
E. Society of Real Estate Appraisers Senior Residential Appraiser designation.
F. Any other certification approved by the County Assessor and the Director of
Human Resources.
33. Certified Elections/Registration Administrator Certification Differential:
Employees in the classification of Clerk-Recorder (ALA1) are entitled to receive a
monthly differential in the amount of five percent (5%) of base monthly salary for
possession of a valid Certified Elections/Registration Administrator Certificate issued
by The Election Center-Professional Education Program. Employees in the
classifications of Deputy Clerk-Recorder-Exempt (ALB2), Assistant County Clerk-
Recorder-Exempt (ALB3) and Assistant County Registrar-Exempt (ALB1) are eligible
to receive a monthly differential in the amount of two and a half percent (2.5%) of
base monthly salary for possession of a valid Certified Elections/Registration
Administrator Certificate issued by The Election Center-Professional Education
Program. Verification of eligibility is by the County Administrator or designee.
Eligibility for receipt of the differential begins on the first day of the month following
the month in which the County Administrator verifies eligibility.
34. District Attorney Inspectors Longevity Differential:
34.10 County Service/P.O.S.T. Experience/Age.
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Incumbents of the classes of District Attorney Assistant Chief of Inspectors–
Exempt (6KD2), District Attorney Chief of Inspectors–Exempt (6KD1), District
Attorney Director of Forensic and Technical Services (6KDC), District
Attorney Lieutenant of Inspectors (6KNB), and Lieutenant of Inspectors–
Welfare Fraud (6KWG) are eligible for a differential of five percent (5%) of
base monthly salary when all of the following conditions are satisfied: The
employee has (1) four (4) years of experience as a peace officer with Contra
Costa County; (2) fifteen (15) years of P.O.S.T. experience; and (3) has
reached the age of thirty-five (35).
34.11 Twenty Years of Service.
In addition to the longevity pay provided in section 34.10, permanent, full time
employees in the classes of District Attorney Assistant Chief of Inspectors–
Exempt (6KD2), District Attorney Chief of Inspectors–Exempt (6KD1), District
Attorney Director of Forensic and Technical Services (6KDC), District
Attorney Lieutenant of Inspectors (6KNB), and Lieutenant of Inspectors–
Welfare Fraud (6KWG) who have completed twenty (20) years of Contra
Costa County Service are eligible to receive an additional two percent (2%)
longevity differential effective on the first day of the month following the month
in which the employee qualifies for the twenty (20) year service award,
beginning September 1, 2019. For those employees who have twenty years
of Contra Costa County service on or before September 1, 2019, this
longevity differential will be paid prospectively only from September 1, 2019.
35. District Attorney Inspector P.O.S.T.: Incumbents of the classes of District
Attorney Lieutenant of Inspectors (6KNB), District Attorney Director of Forensic and
Technical Services (6KDC), District Attorney Lieutenant of Inspectors–Welfare Fraud
(6KWG), District Attorney Assistant Chief of Inspectors-Exempt (6KD2), and District
Attorney Chief of Inspectors–Exempt (6KD1) who possess the appropriate
certificates beyond the minimum P.O.S.T. qualifications required in their class may
qualify for one of the following career incentive allowances:
A. A career incentive allowance of two and one-half percent (2.5%) of base
monthly salary will be paid to DA Lieutenant of Inspectors, DA Director of
Forensic and Technical Services, and DA Lieutenant of Inspectors-Welfare
Fraud for the possession of an Advanced P.O.S.T. certificate. This allowance
will be paid to the DA Assistant Chief of Inspectors-Exempt (6KD2) and the
DA Chief of Inspectors-Exempt for possession of a Management and/or
Executive P.O.S.T. Certificate.
B. A career incentive allowance of five percent (5%) of base monthly salary will
be paid to DA Lieutenant of Inspectors, DA Director of Forensic and
Technical Services, and DA Lieutenant of Inspectors–Welfare Fraud for
possession of an Advanced P.O.S.T. certificate and an approved
Baccalaureate Degree. This allowance will be paid to the DA Assistant Chief
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of Inspectors-Exempt (6KD2), and the DA Chief of Inspectors for possession
of a Management and/or Executive P.O.S.T. certificate and possession of an
approved Baccalaureate Degree.
C. A career incentive allowance of seven and one-half percent (7.5%) of base
monthly salary will be paid to DA Lieutenant of Inspectors, DA Director of
Forensic and Technical Services, and DA Lieutenant of Inspectors–Welfare
Fraud for the possession of an Advanced P.O.S.T. certificate and possession
of an approved Master’s Degree. This allowance will be paid to the DA
Assistant Chief of Inspectors-Exempt (6KD2) and the DA Chief of Inspectors–
Exempt for possession of an approved Management and/or Executive
P.O.S.T. certificate and possession of an approved Master’s Degree. No
continuing education is required in order to be entitled to any of the foregoing
allowances.
36. District Attorney Investigator - Safety Employees Retirement Tiers;
Contribution Toward Cost of Enhanced Retirement Benefit:
36.10 Safety Tier A: The retirement formula of “3 percent at 50" applies to
employees in the classifications set forth below who become members of the
Contra Costa County Employees Retirement Association (CCCERA) on or
before December 31, 2012 or who, under PEPRA, become reciprocal
members of CCCERA, as determined by CCCERA. The cost of living
adjustment (COLA) to the retirement allowances of these employees will not
exceed three percent (3%) per year. The final compensation of these
employees will be based on a twelve (12) consecutive month salary average.
This retirement benefit is known as Safety Tier A.
a. Until July 1, 2012, each employee in Tier A will pay nine percent (9%) of
his or her retirement base to pay part of the employer’s contribution for the
cost of Safety Tier A retirement benefits.
b. Effective on July 1, 2012, each employee in Tier A will pay three percent
(3%) of his/her retirement base to pay part of the employer’s contribution
for the cost of Safety Tier A retirement benefits.
c. Effective on June 30, 2016, these payments will cease.
The payments set forth above will be made on a pre-tax basis in accordance
with applicable tax laws. “Retirement base” means base salary and other
payments, such as salary differential and flat rate pay allowances, used to
compute retirement deductions.
36.11 Safety PEPRA Tier: For employees who become safety New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or
after January 1, 2013, retirement benefits are governed by the California
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Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and
297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For
employees hired on or after July 1, 2014, who under PEPRA, become safety
New Members of CCCERA, the cost of living adjustment to the retirement
allowance will not exceed two percent (2%) per year and will be banked. To
the extent that this resolution conflicts with any provision of PEPRA, PEPRA
governs.
36.12 Employees with more than 30 years of Service: Commencing on July 1, 2007,
eligible employees in the classifications set forth below and designated by the
Contra Costa County Employees’ Retirement Association as safety members
with credit for more than thirty (30) years of continuous service as safety
members, will not make payments from their retirement base to pay part of
the employer’s contribution towards the cost of Safety Tier A.
36.13 Eligible Classes:
This section applies only to the following classifications:
District Attorney Chief of Inspectors-Exempt (6KD1)
District Attorney Assistant Chief of Inspectors-Exempt (6KD2)
District Attorney Lieutenant of Inspectors (6KNB)
Lieutenant of Inspectors-Welfare Fraud (6KWG)
District Attorney Director of Forensic and Technical Services (6KDC)
37. Engineer Continuing Education Allowance: Employees in the classification of
Deputy Public Works Director-Exempt (NAD0), County Surveyor (NAF1), and Senior
Land Surveyor (NSGA) are eligible to receive a one year Continuing Education
Allowance of two and one-half percent (2.5%) of base monthly salary if they
complete at least (60) hours of approved education or training or at least three (3)
semester units of approved college credit or approved combination thereof, subject
to the following conditions.
A. The specific education or training must be submitted in writing by the
employee to the Public Works Director or their designee prior to beginning the
course work.
B. The education or training must be reviewed and approved in advance by the
Public Works Director or their designee as having a relationship to the
technical or managerial responsibilities of the employee’s current or potential
County job classifications.
C. Employees who qualify for this allowance do so for a period of only twelve
(12) months, commencing on the first day of the month after proof of
completion is received and approved by the Public Works Director or their
designee. This allowance automatically terminates at the end of the twelve
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(12) month period.
38. Engineer Professional Development Reimbursement: Engineering Managers
(Class Code NAD0) will be allowed reimbursement for qualifying professional
development expenses and professional engineering license fees required by the
employee’s classification up to a total of seven hundred dollars ($700) for each two
(2) year period beginning on January 1, 2000. Effective July 1, 2007, the allowable
reimbursement amount will be increased by one hundred fifty dollars ($150) for a
total of eight hundred fifty dollars ($850). Effective on January 1, 2008, Engineering
Managers will be allowed reimbursement for qualifying professional development
expenses and professional engineering license fees required by the employee’s
classification up to a total of nine hundred dollars ($900) for each two (2) year
period.
Allowable expenses include the following activities and materials directly related to
the profession in which the individual is engaged as a County employee:
A. Membership dues to professional organizations.
B. Registration fees for attendance at professional meetings, conferences and
seminars.
C. Books, journals and periodicals.
D. Tuition and text book reimbursement for accredited college or university
classes.
E. Professional license fees required by the employee’s classification.
F. Application and examination fees for registration as a professional engineer,
architect or engineer-in-training.
G. Certain job-related instruments, job-related computer hardware and software
from a standardized County approved list or with Department Head approval,
provided each Engineer complies with the provisions of the Computer Use
and Security Policy adopted by the Board of Supervisors and the applicable
manuals.
Individual professional development reimbursement requests require the approval of
the Department Head. Reimbursement occurs through the regular demand process
with demands being accompanied by proof of payment (copy of invoice or canceled
check).
In order to receive reimbursement, the employee must have been in an eligible
classification when the expense was incurred.
39. Library Department Holidays: For all management and unrepresented employees
in the County Library Department, the day after Thanksgiving is deleted as a holiday
and the day before Christmas is added as a holiday.
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40. Health Services Department On-Call Duty and Call Back Time:
40.10 Eligible Classes:
Permanent full time and permanent part time employees employed in the
Health Services Department (A-18) in the following designated classifications
are entitled to On Call Duty and Call Back Time.
Designated Classifications:
Director of HazMat Program-Ex (VLD2)
Deptl Comm & Media Rel Coord (ADSH)
Director of Env Health Svcs-Ex (VLD1)
Asst Dir of Health Svcs (VCB1)
Emergency Medical Svcs Director-Exempt (VAD2)
Chief Exec Officer CCCHP (VCB3)
Residency Director-Exempt (VPD5)
Chief Operations Officer-Exempt (VWD1)
40.11 On Call Duty: On Call Duty is when an employee is not scheduled to work on
County premises but is ready to immediately report to work. The employee
must make arrangements so that his/her supervisor can reach him/her within
ten (10) minutes’ notice or less.
The Department Head approves those employees who will be assigned to On
Call Duty.
An employee assigned to On Call Duty is paid one (1) hour of straight time
pay for each four (4) hours designated on call. If an employee’s On Call Duty
hours are not in increments of four (4) hours, the On Call Duty hours will be
prorated. For example, if the employee is assigned to On Call Duty for six (6)
hours, the employee would receive one hour and one half (1.5) straight time
pay for the six (6) hours designated on call (6/4).
If an employee designated to On Call Duty is called back to work, the On Call
Duty hours will not be deducted from the time the employee works.
40.12 Call Back Time: Call Back Time is when an employee is called back to work
on County premises. An employee called back to work is entitled to receive
pay at the rate of one and one half (1.5) times his/her base rate of pay (not
including differentials) for the actual Call Back Time hours worked plus one
(1) additional hour. An employee called back to work will be paid a minimum
of two (hours) for each Call Back Time.
41. (Reserved)
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42. (Reserved)
43. Probation – Longevity Differential:
43.10 Longevity Pay at 20 Years of County Service:
In addition to the Longevity Pay provided in Section 12 of this resolution,
employees in the classes set forth below are eligible to receive a one and a
half percent (1.5%) longevity differential effective on the first day of the month
following the month in which the employee qualifies for the twenty (20) year
service award. For those employees who have twenty years of service on or
before July 1, 2016, this additional longevity differential will be paid
prospectively only from July 1, 2016.
43.11 Eligible Classes:
This section applies only to the following classifications:
Assistant County Probation Officer- Exempt (7AB1)
Chief Deputy Probation Officer (7ADC)
Institutional Supervisor II (7KGA)
Probation Manager (7AGB)
Probation Director (7BFA)
44. Probation - Safety Employees Retirement Tiers:
44.10 Safety Tier A: The retirement formula of “3 percent at 50" applies to
employees in the classifications set forth below who become Safety members
of the Contra Costa County Employees Retirement Association (CCCERA)
on or before December 31, 2012 or who, under PEPRA, become reciprocal
members of CCCERA, as determined by CCCERA. The cost of living
adjustment (COLA) to the retirement allowances of these employees will not
exceed three percent (3%) per year. The final compensation of these
employees will be based on a twelve (12) consecutive month salary average.
a. Until July 1, 2012, each employee in Tier A will pay nine percent (9%) of
his/her retirement base to pay part of the employer’s contribution for the
cost of Tier A retirement benefits.
b. For the period of July 1, 2012 through and including December 31, 2014,
each employee in Tier A will pay four and one half percent (4.5%) of
his/her retirement base to pay part of the employer’s contribution for the
cost of Tier A retirement benefits.
c. For the period of January 1, 2015 through and including June 29, 2015,
each employee will pay two and one quarter percent (2.25%) of his/her
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retirement base to pay part of the employer’s contribution for the cost of
Tier A retirement benefits.
d. Effective on June 30, 2015, each employee’s payment of two and one
quarter percent (2.25%) of his/her retirement base to pay part of the
employer’s contribution for the cost of Tier A retirement benefits will
cease.
The payments set forth above will be made on a pre-tax basis in accordance
with applicable tax laws. “Retirement base” means base salary and other
payments, such as salary differential and flat rate pay allowances, used to
compute retirement deductions.
44.11 Safety PEPRA Tier: For employees who become Safety New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or
after January 1, 2013, retirement benefits are governed by the California
Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and
297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For
employees who become Safety New Members of CCCERA on and after
January 1, 2016, the cost of living adjustment to the retirement allowance will
not exceed two percent (2%) per year and will be banked. To the extent that
this resolution conflicts with any provision of PEPRA, PEPRA governs.
44.12 Eligible Classes:
This section applies only to the following classifications:
Assistant County Probation Officer-Exempt (7AB1)
County Probation Officer-Exempt (7AA1)
Chief Deputy Probation Officer (7ADC)
Institutional Supervisor II (7KGA)
Probation Manager (7AGB)
Probation Director (7BFA)
45. Real Property Agent Advanced Certificate Differential: Employees in the
classifications of Assessor (DAA1), Assistant County Assessor-Exempt (DAB1), and
Real Estate Manager-Exempt (DYD1) are entitled to receive a monthly differential in
the amount of five percent (5%) of base monthly salary for possessing and
maintaining either a valid Senior Member Certificate issued by the International
Executive Committee of the International Right of Way Association (IRWA) or a
certification issued by the Building Owners and Managers Institute (BOMI) with a
designation as either a Real Property Administrator (RPA) or Facilities Management
Administrator (FMA). Verification of eligibility will be by the Department Head or
his/her designee. Eligibility for receipt of the differential begins on the first day of the
month following the month in which eligibility is verified by the Department Head.
All employees who qualify for the Senior Member certificate must recertify every five
(5) years with the International Right of Way Association in order to retain the Senior
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Member designation and continue to receive the differential. In order to recertify, a
Senior Member must accumulate seventy-five (75) hours of approved education
which may include successfully completing courses, attending educational seminars
or teaching approved courses.
All employees who qualify for the RPA or FMA designation must recertify every three
(3) years with BOMI in order to retain the RPA or FMA designation and continue to
receive this differential. In order to retain certification, an employee must achieve
eighteen (18) points of continuing professional development, which may include
successfully completing courses, attending educational seminars, or teaching
approved courses related to the industry.
46. Sheriff Sworn Management P.O.S.T.:
A. Incumbents of the classes of Sheriff-Coroner (6XA1), Undersheriff–Exempt
(6XB4), Assistant Sheriff- Exempt (6XB2) and Commander–Exempt (6XD1)
who possess the appropriate certificates beyond the minimum P.O.S.T.
qualifications required in their class may qualify for one, and only one, of the
following career incentive allowances:
1. A career incentive allowance of two and one-half percent (2.5%) of
monthly base pay will be awarded for the possession of a Management
and/or Executive P.O.S.T. Certificate and possession of an approved
Baccalaureate Degree.
2. A career allowance of five percent (5%) of monthly base pay will be
awarded for the possession of a Management and/or Executive
P.O.S.T. Certificate and possession of an approved Master’s Degree.
B. Incumbents in the class of Chief of Police-Contract Agency-Exempt who
possess the appropriate certificates beyond the minimum P.O.S.T.
qualifications required in their class may qualify for one, and only one, of the
following career incentive allowances:
1. A career incentive allowance of two and one-half percent (2.5%) of
monthly base pay will be awarded for the possession of an Advanced
P.O.S.T. Certificate.
2. A career incentive allowance of five percent (5%) will be awarded for the
possession of an Advanced P.O.S.T. Certificate and possession of an
approved Baccalaureate or Master’s Degree.
47. Sheriff Continuing Education Allowance: Sheriff’s Department employees in the
classifications of Sheriff’s Fiscal Officer (APSA) and Sheriff’s Chief of Management
Services (APDC) are eligible to receive a Continuing Education Allowance of two
and one-half percent (2.5%) of base monthly salary for any fiscal year in which they
complete at least sixty (60) hours of education or training or at least three(3)
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semester units of college credit or a combination thereof, approved by the
department, subject to all of the following conditions:
A. An application must be submitted in advance, to the Sheriff’s Department
prior to the fiscal year in which the education or training will occur.
B. The education or training must be directly related to the technical or
Management duties of the employee’s job.
C. The course must be reviewed and approved in advance by the Sheriff’s
Department Standards and Resources Bureau.
D. The employee must show evidence of completion with a passing grade.
48. Sheriff Emergency Services Standby Differential: Employees in the classification
of Emergency Planning Specialist–Exempt (9GS1) who perform standby duty for the
Office of Emergency Services at least one (1) week per month, are entitled to
receive a differential in the amount of two and one-half percent (2.5%) of base
monthly salary.
49. Sheriff Law Enforcement Longevity Differential:
49.10. 15 Years of Sworn County Service: Incumbents in the classifications of
Undersheriff-Exempt (6XB4), Assistant Sheriff- Exempt (6XB2), Commander-
Exempt (6XD1), and Chief of Police-Contract Agency-Exempt (6XF1) are
eligible for a differential of five percent (5%) of base monthly salary upon
completion of fifteen (15) years of County service as a full-time, permanent,
sworn law enforcement officer.
49.11. 20 Years of Sworn County Service: Incumbents in the classifications of
Undersheriff-Exempt (6XB4), Assistant Sheriff- Exempt (6XB2), Commander-
Exempt (6XD1), and Chief of Police-Contract Agency-Exempt (6XF1) are
eligible for a differential of two percent (2%) of base monthly salary upon
completion of twenty (20) years of County service as a full-time, permanent,
sworn law enforcement officer. For employees who completed twenty (20)
years of such service on or before September 1, 2013, this longevity
differential will be paid prospectively only from September 1, 2013.
50. Sheriff Uniform Allowance: The Sheriff-Coroner (6XA1), Undersheriff-Exempt
(6XB4), Assistant Sheriff- Exempt (6XB2), Commander-Exempt (6XD1), Chief of
Police-Contract Agency-Exempt (6XF1) and non-sworn management employees in
the Sheriff-Coroner’s Department will be paid a uniform allowance in the amount of
eight hundred seventy-two dollars ($872) per year effective July 1, 2007, payable
one-twelfth (1/12) of the yearly total in monthly pay warrants. The non-sworn
management employees eligible for this uniform allowance are: Sheriff’s Fiscal
Officer (APSA) and Sheriff’s Chief of Management Services (APDC/APD2).
51. Sheriff - Detention Division Meals: Employees assigned to the Detention Division
will have fifteen dollars ($15.00) per month deducted from their pay checks in
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exchange for meals provided by the Department. The employee may choose not to
eat facility food. In that case, no fees will be deducted.
52. Sheriff - Safety Employees Retirement Tiers:
52.10. Safety Tier A: The retirement formula of “3 percent at 50" applies to
employees in the classifications set forth below, who are employed by the
County as of December 31, 2006. The cost of living adjustment (COLA) to
the retirement allowances of these employees will not exceed three percent
(3%) per year. The final compensation of these employees will be based on
a twelve (12) consecutive month salary average. Safety Tier A is closed to all
employees initially hired by Contra Costa County after December 31, 2006.
52.11 Safety Tier C: The retirement formula of “3 percent at 50" applies to
employees in the classifications set forth below, who are hired by the County
after December 31, 2006 and on or before December 31, 2012, or who, under
PEPRA, become reciprocal members of CCCERA, as determined by
CCCERA. The cost of living adjustment (COLA) to the retirement allowances
of these employees will not exceed two percent (2%) per year. The final
compensation of these employees will be based on a thirty-six (36)
consecutive month salary average.
52.12 Safety PEPRA Tier: For employees who become Safety New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or
after January 1, 2013, retirement benefits are governed by the California
Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and
297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies.
The cost of living adjustment to the retirement allowances of these employees
will not exceed two percent (2%) per year and will be banked. To the extent
that this resolution conflicts with any provision of PEPRA, PEPRA governs.
52.13 Employees with more than 30 years of Service: Commencing January 1,
2007, employees in the classifications set forth below and designated by the
Contra Costa County Employees’ Retirement Association as safety members
with credit for more than thirty (30) years of continuous service as safety
members, will not make payments from their retirement base to pay part of
the employer’s contribution towards the cost of Safety Tier A.
52.14 Retirement Tier Elections: If members of the Deputy Sheriffs’ Association
have the opportunity to elect different retirement tiers, employees in the
classifications set forth below and employed by the County as of December
31, 2012, will be offered the same opportunity to elect the new Safety PEPRA
Tier at the same time and on the same terms and conditions as are
applicable to members of the Deputy Sheriffs’ Association.
52.15 Eligible Classes.
This section applies only to the following classifications:
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Resolution No.
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Sheriff-Coroner (6XA1)
Undersheriff-Exempt (6XB4)
Assistant Sheriff-Exempt (6XB2)
Commander-Exempt (6XD1)
Chief of Police-Contract Agency-Exempt (6XF1)
53. Safety Employees Retirement Tiers (Miscellaneous Safety Classifications)
Benefit
53.10 Safety Tier A: The retirement formula of “3 percent at 50" applies to
employees in the classifications set forth below who become Safety members
of the Contra Costa County Employees Retirement Association (CCCERA)
on or before December 31, 2012, or who under PEPRA, become reciprocal
members of CCCERA as determined by CCCERA. The cost of living
adjustment (COLA) to the retirement allowances of these employees will not
exceed three percent (3%) per year. The final compensation of these
employees will be based on a twelve (12) consecutive month salary average.
a. Until September 1, 2013, each employee in Tier A will pay nine percent
(9%) of his/her retirement base to pay part of the employer’s contribution
for the cost of Tier A retirement benefits.
b. For the period September 1, 2013, through and including December 31,
2014, each employee in Tier A will pay four and one half (4.5%) of his/her
retirement base to pay part of the employer’s contribution for the cost of
Tier A retirement benefits.
c. For the period January 1, 2015, through and including June 30, 2015,
each employee in Tier A will pay two and a quarter percent (2.25%) of
his/her retirement base to pay part of the employer’s contribution for the
cost of the Tier A retirement benefit.
d. Effective June 30, 2015, these payments will cease
The payments set forth above will be made on a pre-tax basis in accordance
with applicable tax laws. “Retirement base” means base salary and other
payments, such as salary differential and flat rate pay allowances used to
compute retirement deductions.
53.11 Safety PEPRA Tier: For employees who become safety New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or
after January 1, 2013, retirement benefits are governed by the California
Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and
297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For
employees hired by the County on or after January 1, 2014, who under
PEPRA, become safety New Members of CCCERA, the cost of living
adjustment to the retirement allowance will not exceed two percent (2%) per
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Resolution No.
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year and will be banked. To the extent that this resolution conflicts with any
provision of PEPRA, PEPRA governs.
53.12 Eligible Classes.
This section applies only to the following classifications:
Assistant Chief Public Service Officer (64BA)
Director of Hazardous Materials Program-Exempt (VLD2)
54. Treasurer-Tax Collector Professional Development Differential: Treasurer-Tax
Collector employees in one of the classifications listed below are eligible to receive a
monthly differential equivalent to five percent (5%) of base salary for possession of
at least one (1) of the following specified professional certifications and for
completion of required continuing education requirements associated with the
individual certifications. Verification of eligibility for any such differential must be
provided to the Auditor in writing by the Treasurer-Tax Collector or his/her designee.
Under this program, no employee may receive more than a single five percent (5%)
differential at one time, regardless of the number of certificates held by that
employee.
This section applies only to the following classifications:
Treasurer-Tax Collector (S5A1)
Treasurer’s Investment Officer-Exempt (S5S3)
Assistant County Treasurer-Exempt (S5B4)
Assistant County Tax Collector-Exempt (S5D1)
Qualifying Certificates:
Certified Cash Manager (C.C.M.)
Certified Financial Planner (C.F.P.)
Certified Government Planner (C.G.F.P.)
Certified Treasury Manager (C.T.M.)
Chartered Financial Analyst (C.F.A.)
Certified Treasury Professional (C.T.P)
Certified California Municipal Treasurer (C.C.M.T)
Certified Government Investment Professional (C.G.I.P.)
55. Executive Assistant to the County Administrator Differential: At the discretion of
the County Administrator, an employee in the classification of Executive Assistant II
to the County Administrator- Exempt (J3H2) is eligible to receive a monthly
differential equivalent to five percent (5%) of base salary while the employee is
performing work on special project assignments. Verification of eligibility for any
such differential must be provided to the Auditor in writing by the County
Administrator or his/her designee.
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Resolution No.
53
56. (Reserved)
V. TEMPORARY AND PER DIEM EMPLOYEES EXCLUDED.
Parts I through IV above do not apply to temporary and per diem employees. Benefits
for temporary and per diem employees are only those provided in Appendix I “Benefits
for Temporary and Per Diem Employees,” attached.
[EXHIBITS AND APPENDIX ATTACHED]
308
Exhibit A
Job Code Classification
SADD AC Division Manager
AJGA ADA Prog Manager
S5D1 ASST COUNTY TAX COLLECTOR-EX
AP7A Administrative Aide-Deep Class
AP73 Administrative Aide-Project
APDB Administrative Svcs Officer
XQD2 Aging/Adult Svcs Director-Ex
BJD2 Animal Services Captain-Ex
BKS1 Animal Shelter Vet-Exempt
JJNG Assessor's Clerical Staff Mngr
VCS1 Assist To Hlth Svc Dir - Ex
9MD3 Assistant Director-Project
VCS4 Associate Medical Director-Ex
BAB1 Asst Agr Com/Wts/Meas-Exempt
LTB1 Asst Chief Info Officer - Ex
7AB1 Asst Co Prob Off - Exempt
ADB4 Asst County Administrator
DAB1 Asst County Assessor-Exe
SAB1 Asst County Auditor Controlle
ALB3 Asst County Clerk-Recorder -Ex
2ED1 Asst County Counsel-Exempt
ALB1 Asst County Registrar-Exempt
S5B4 Asst County Treasurer-Exempt
5AH5 Asst Dep Dir, Conserv & Dev-Ex
VCB1 Asst Dir Of Health Svcs
AGB1 Asst Dir Of Human Resources-Ex
XAD7 Asst Dir-Policy & Planning-Ex
2KD3 Asst District Attorney-Exempt
LBD4 Asst HS IT Dir-App Dev-Ex
LBD2 Asst HS IT Dir-Customer Supp-E
LBD7 Asst HS IT Dir-Info Security-E
LBD3 Asst HS IT Dir-Infrastruct-Ex
LBD1 Asst HS IT Dir-Project Mgmt-Ex
25D2 Asst Public Defender-Exempt
AJDP Asst Risk Manager
6XB2 Asst Sheriff-Exempt
ADBA Asst To The County Admin
29TA Attorney Advance-Chld Sppt Svc
29VA Attorney Basic-Child Sppt Svcs
29WA Attorney Entry-Child Sppt Svcs
J995 Bd Of Supvr Asst-Chief Asst
J992 Bd Of Supvr Asst-Gen Office
J993 Bd Of Supvr Asst-Gen Secretary
J994 Bd Of Supvr Asst-Specialist
VPD4 CCHP Medical Director-Exempt
VCB2 CCRMC Chief Exec Ofc - Exempt
APD3 CHIEF OF ADMIN SVCS - PROJECT
ADV1 Census Outreach Coordinator-Pj
5ABD Chf, Anex And Econ Stm Prog
2ED2 Chief Asst County Counsel
SMBA Chief Asst Director/Dcss
309
Exhibit A
2KD2 Chief Asst District Attorney-E
25D1 Chief Asst Public Defender
AXD1 Chief Dep Public Admin-Exempt
XAB1 Chief Deputy Director-Exempt
NAB1 Chief Deputy Pw Director-Ex
VCB3 Chief Executive Officer-CCHP-E
6EH1 Chief Investigator Pd-Exempt
VPS4 Chief Medical Officer - Exempt
VWD2 Chief Nursing Officer-Exempt
ADD8 Chief Of Labor Relations - Ex
VWD1 Chief Operations Officer-Exemp
6XF1 Chief Police-Contract Agncy-Ex
ADS2 Chief Public Commun Officer-Ex
VAB2 Chief Quality Officer-Exempt
APD4 Chief of Admin Svcs-Exempt
VAD3 Chief of Plant Operations - Ex
BKD1 Chief of Shelter Medicine-EX
9JS3 Child Nutrt Food Oper Supv-Prj
9CDA Child Spprt Svcs Manager
XAD5 Children And Family Svcs Dir-E
9MH1 Children Svcs Mgr-Project
EBV1 Civ Otrch & Egmt Spec-Proj
2ETG Civil Litig Atty-Advanced
2ETE Civil Litig Atty-Basic Lvl
2ETF Civil Litig Atty-Standard
AJD2 Cnty Cmpln HIPAA Pvcy Ofcr -Ex
AJA1 CoDir Race Equity and Comm Emp
AJA2 CoDir Race Equity and Inter-Ag
6XD2 Commander-Exempt
CCD1 Community Svcs Director-Exempt
9MS7 Comprehensive Svcs Asst Mgr-Pr
9MS3 Comprehensive Svcs Man -Prj
NAF1 County Surveyor-Exempt
CJH3 Cs Mental Hlth Clin Supv-Proj
6KD2 DA Adjutant Sr Inspectors-Ex
APDD DA Chief Of Administrative Svc
6KD1 DA Chief Of Inspectors-Exempt
6KDC DA Dir Of Forensic & Tech Svcs
6KNB DA Lieutenant Of Inspectors
JJGE DA Manager Of Law Offices
JJHG DA Office Manager
J3T7 DA Program Assistant-Exempt
APFB DEPT HR SUPERVISOR
APFA DIR OFFICE OF REENTRY AND JUST
4AD1 Dep Dir Of Conserv & Dev-Ex
VCB4 Dep Dir of Health Svcs-Ex
APSA Departmental Fiscal Officer
ARVA Departmental HR Analyst I
ARTA Departmental HR Analyst II
APG1 Dept HR Officer I-Exempt
APG2 Dept HR Officer II-Ex
ADSH Deptl Comm & Media Rel Coord
310
Exhibit A
ALB2 Deputy Co Clerk-Recorder-Ex
2ETK Deputy Co Counsel-Advanced
2ET3 Deputy Co Counsel-Advanced-Ex
2ETH Deputy Co Counsel-Basic
2ET1 Deputy Co Counsel-Basic-Exempt
2ETJ Deputy Co Counsel-Standard
2ET2 Deputy Co Counsel-Standard-Ex
3AFE Deputy Co Librarian
ADH1 Deputy County Admin - Exempt
5AB2 Deputy Dir Com Dev/Curr-Ex
5AH2 Deputy Dir Com Dev/Trans-Ex
ADD7 Deputy Director Of Orj-Project
VCD2 Deputy Executive Dir/CCHP-Ex
NAD0 Deputy Public Works Director-E
VRG1 Dir Mktg/Mem Svcs & Pr-CCHP-Ex
VQD4 Dir Of Mental Health Svcs-Ex
VAD1 Dir Of Patient Fin Svcs-Exempt
9BD1 Director Of Airports
VLD1 Director Of Env Health Svcs-Ex
VLD2 Director Of Haz Mat Program-Ex
5AB1 Director Of Redevel-Exempt
ADSB Director Office Of Comm/Media
XAD9 EHS Chief Financial Off - Ex
XAD2 EHS Deputy Bureau Director-Ex
XAD6 EHS Director Of Admin-Exempt
5AH6 Economic Dev Manager - Exempt
VAD2 Emerg Med Svcs Dir - Exempt
AGVG Employee Benefits Analyst
AGSC Employee Benefits Specialist
AJDB Equal Employment Oppt Officer
J3V2 Exec Asst I To Co Adminis-Ex
J3H2 Exec Asst II To Co Adminis-Ex
J3T5 Exec Secretary-Exempt
J3TJ Executive Secretary-Dcss
VPS2 Exempt Med Stf Podiatrist
LBSE Financial Systems Manager
RAD1 Fire Dist Med Dir-Ex
APDE Fire District Chief/Admin Svcs
6CW1 Forensic Analyst-Project
AGD4 HR Manager - Exempt
AGSE HR Systems Analyst
AGTG HR Systems Specialist
AGDG HRIS Administrator
APD5 HS PERS MANAGER-EX
VASH Health Equity Program Manager
VRGC Health Plan Dir Comp & Gov Rel
VCS3 Health Plan Services Asst-Ex
LBB3 Health Svcs IT Director-Ex
AGTF Human Resources Analyst
AGDE Human Resources Supervisor
AG7B Human Resources Technician
LTD1 Info Sys Div Director-Ex
311
Exhibit A
7KGA Inst Supervisor II
ADSI Labor Relations Analyst I
ADSJ Labor Relations Analyst II
AD7C Labor Relations Technician
5ASF Land Information Bus Ops Mngr
AJHC Leave Program Manager
3KGA Library Services Manager
ADV2 Management Analyst - Exempt
ADVB Management Analyst
VCA2 Medical Director
APTD ORJ SR PROG ANALYST
SAHM Payroll Systems Administrator
AP7B Personnel Technician
AGNA Principal HR Analyst
ADNC Principal L/R Analyst
APDJ Probation Chief Of Admin Svcs
7BFA Probation Director
7AGB Probation Manager
STD1 Procurement Svcs Manager-Ex
ADS1 Public Information Officer
APDF Pw Chief Of Fiscal Services
APHB Research and Eval Manager
VPD5 Residency Director-Exempt
AJH1 Risk Mgmt Training Coord-Prj
AVD3 Sbdc Director-Project
NSGA Senior Land Surveyor
ADT3 Senior Management Analyst - Exempt
ADTD Senior Management Analyst
APD2 Sheriff's Chf Of Mgnt Svcs -Ex
J3T0 Sheriff's Executive Asst-Ex
ADB5 Special Asst To The Co Admn-Ex
ADD9 Sr Deputy County Administrator - Exempt
ADDH Sr Deputy County Administrator
2KD1 Sr Deputy District Attorney-Ex
2ED3 Sr Financial Counsel - Exempt
29H1 Supervising Attorney-Dcss-Ex
S5S3 Treasurer's Invest Officer-Ex
6XB4 Undersheriff-Exempt
EBW1 Voter Edu & Engmt Asst - Prj
XAD4 Workforce Inv Bd Exc Dir-Ex
XAD3 Workforce Svcs Director-Exempt
312
Exhibit B
Job Code Classification
ADV1 Census Outreach Coordinator-Pj
VPS2 Exempt Med Stf Podiatrist
6CW1 Forensic Analyst-Project
EBW1 Voter Edu & Engmt Asst - Prj
313
Exhibit C
Job Code Classification
96B1 ASST COUNTY VET SVC OFFICER
BAA1 Agricultural Com-Dir Wts/Meas
DAA1 Assessor
SAA1 Auditor-Controller
ADA1 Bd Of Supvr Member
96A1 COUNTY VETERANS SVC OFFICE
ADB1 Chief Asst County Admin
LTA1 Chief Info Off/Dir Of Info Tec
ALA1 Clerk Recorder
ADA2 County Administrator
2EA1 County Counsel
ADB6 County Finance Director-Ex
3AAA County Librarian
7AA1 County Probation Officer-Ex
4AA1 Dir Of Conservation & Devlp-Ex
BJA1 Director Of Animal Serv-Exempt
SMA1 Director Of Child Support Svcs
VCA1 Director Of Health Services
AGA2 Director Of Human Resources-Ex
AJD3 Director of Risk Management-Ex
XAA2 Director-EHSD-Exempt
2KA1 District Attorney
25A1 Public Defender
NAA1 Pw Director
6XA1 Sheriff-Coroner
S5A1 Treasurer-Tax Collector
314
Exhibit D
Department Head Job Code Chief Assistant Department Head Job Code
Agricultural Commissioner/ Director of
Weights and Measures BAA1
Assistant Deputy Agricultural
Commissioner/Sealer
of Weights and Measures‐Exempt BAB1
Assessor DAA1 Assistant County Assessor DAB1
Director of Human Resources AGA2 Assistant Director of Human Resources AGB1
Auditor‐Controller SAA1 Assistant County Auditor‐Controller SAB1
Board of Supervisors Member ADA1 No Chief Assistant
Chief Information Officer/ Director of
Information Technology LTA1 No Chief Assistant
Clerk Recorder ALA1 Assistant County Registrar ALB1
Assistant County Clerk‐Recorder ALB3
Deputy County Clerk‐Recorder‐Exempt ALB2
County Administrator ADA2 Chief Assistant County Administrator ADB1
County Finance Director ADB6
County Counsel 2EA1 Excluded Classification
County Librarian 3AAA Deputy County Librarian ‐ Public Services 3AFE
Deputy County Librarian ‐ Support Services 3AFG
County Probation Officer 7AA1 Asst County Probation Officer 7AB1
County Veterans' Services Officer 96A1 No Chief Assistant
Director‐EHSD‐Exempt XAA2 Aging/Adult Svcs Director XQD2
Children and Family Svcs Director XAD5
Community Svcs Director CCD1
EHS Director of Admin XAD6
Workforce Inv Bd Exec Director XAD4
Director of Animal Services BJA1 Deputy Director of Animal Services BJD1
Director of Child Support Services SMA1
Chief Assistant Director of Child Support Servi
ces SMBA
Director of Conservation and Development 4AA1
Deputy Director of Community
Development/Transportation‐Exempt 5AH2
Deputy Director of Conservation and Develop
ment 4AD1
Director of Health Services VCA1 Deputy Director of Health Services‐Exempt VCB4
Director of Risk Management ADJ3 No Chief Assistant
District Attorney 2KA1 Excluded Classification
Public Defender 25A1 Excluded Classification
Public Works Director NAA1 Chief Deputy Public Works Director NAB1
Sheriff‐Coroner 6XA1 Undersheriff 6XB4
Treasurer‐Tax Collector S5A1 Assistant County Tax Collector ‐ Exempt S5D1
Assistant County Treasurer‐Exempt S5B4
315
Exhibit E
Job Code Classification
6XB2 Asst Sheriff-Exempt
6XF1 Chief Police-Contract Agncy-Ex
6XD2 Commander-Exempt
6XA1 Sheriff-Coroner
6XB4 Undersheriff-Exempt
316
Exhibit F
Job Code Classification
2ED1 Asst County Counsel-Exempt
2KD3 Asst District Attorney-Exempt
25D2 Asst Public Defender-Exempt
29TA Attorney Advance-Chld Sppt Svc
29VA Attorney Basic-Child Sppt Svcs
29WA Attorney Entry-Child Sppt Svcs
2ED2 Chief Asst County Counsel
2KD2 Chief Asst District Attorney-E
25D1 Chief Asst Public Defender
2ETG Civil Litig Atty-Advanced
2ETE Civil Litig Atty-Basic Lvl
2ETF Civil Litig Atty-Standard
2ETK Deputy Co Counsel-Advanced
2ET3 Deputy Co Counsel-Advanced-Ex
2ETH Deputy Co Counsel-Basic
2ET1 Deputy Co Counsel-Basic-Exempt
2ETJ Deputy Co Counsel-Standard
2ET2 Deputy Co Counsel-Standard-Ex
2KWA Deputy District Attorney I
2KVA Deputy District Attorney II
2KTA Deputy District Attorney III
2KTB Deputy District Attorney IV
2KTG Deputy District Attorney-Adv
2KTF Deputy District Attorney-Basic
2KD1 Sr Deputy District Attorney-Ex
2ED3 Sr Financial Counsel - Exempt
29H1 Supervising Attorney-Dcss-Ex
317
Exhibit G
Barg Unit Bargaining Unit Name
CC CS Child Devlpmt Mgmt-Project
CH CS Head Start Mgmt-Project
CL CS Living Free Mgmt-Project
XJ D.A. Investigators Unit
VN Deputy Sheriff's Unit-NonSworn
VH Deputy Sheriff's Unit-Sworn
MA District Attorneys' Unit
VA DSA Non-Sworn Mgmt Unit
QC Fam/Chld Svs Site Supv Unit
4N Fire Supression & Prevn Unit
C8 Management Project-Other
BT Merit System Fixed Term Mgmt
B8 Mgmt Classes-Classified & Exem
BD Mgmt Classified & Ex Dept Head
1X Phys & Dnts & Optometrist Unit
1P Physicians and Dentists Unit
51 Professional Engineers Unit
LT Public Health Nurse Unit
L3 Registered Nurses Unit
B1 Safety Unrep District Attorney
B3 Safety Unrep Misc Classes
B2 Safety Unrep Probation Classes
2I Service Line Supervisors Unit
BS Sheriff's Sworn Executive Mgmt
V#Sheriff's Sworn Mgmt Unit
FS Unrep Cl & Ex Student Workers
FK Unrep Cl & Ex-Com Svcs Other
FT Unrep Cl & Ex-Fixed Term
FW Unrep Cl & Ex-Sworn Peace Offc
F8 Unrep Classified & Exempt-Othr
FH Unrep Hd Start Classified & Ex
F2 Unrep Property Appraisers
DC Unrepresented Child Dev-Proj
DH Unrepresented Head Start-Proj
DL Unrepresented Living Free-Proj
DP Unrepresented PIC Special-Proj
D8 Unrepresented Proj Class-Other
318
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Resolution No.
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BENEFITS FOR UNREPRESENTED TEMPORARY AND PER DIEM EMPLOYEES
1. Definitions
1.10 Temporary Employment: Any employment which will require the services of an
incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
1.11 Per Diem Employment: Per diem employment is any employment that requires
the services of a person on a daily basis, and that person is paid on an hourly
basis and his/her classification has "per diem" in its title.
1.12 Covered Units: This Appendix I applies to anyone who is a temporary or per
diem employee in one of the units listed on Exhibit G.
2. Days and Hours of Work
2.10 Schedule: Temporary and per diem employees are eligible to work a maximum
of twenty five (25) hours per week with the exception of the following:
1. Employees assigned to the Attorney classifications listed in Exhibit F.
2. Employees assigned to a classification listed in Exhibit G in unit BD-
Management, Classified and Exempt Department Heads.
3. Employees assigned to the classifications of: Deputy Sheriff-Per Diem
(6XWC); District Attorney Senior Inspector (6KVA); District Attorney
Senior Inspector Welfare Fraud (6KVD); and District Attorney Inspector-
Welfare Fraud (6KWF).
4. Employees in the Health Services Department assigned to the
classifications of: Nursing Shift Coordinator-Per Diem (VWHD);
temporary Exempt Medical Staff Physician (VPW9); Administrative
Intern (AP9A), but only if working in the Mental Health Program;
Ambulatory Care Provider-Exempt (VPT1); Dentist-Exempt (VPT2);
Emergency Medicine-Exempt (VPS3); Hospitalist-Exempt (VPT3);
OBGYN-Full Spectrum-Exempt (VPS5); OBGYN-FM Adv Obstetrics-
Exempt (VPS6); Optometrist-Exempt (VPS7); Oral Surgeon-Exempt
(VPS8); Pathologist-Exempt (VPT7); Pediatrician-Ambulatory-Exempt
(VPS9); Pediatrician-Hospitalist-Exempt (VPS0); Primary Care Provider-
Exempt (VPT5); Primary Care Provider-Limited-Exempt (VPT6);
Psychiatrist-Adult-Exempt (VPT8); Psychiatrist-Pediatric-Exempt (VPT9);
and Psychiatrist-Emg/Svs/Detention-Exempt (VPT0).
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APPENDIX I
Resolution No.
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5. Employees in the Public Defender’s Office assigned to the classification
of Student Intern (998E), but only while such employees are working on
death penalty cases.
6. Student Interns (998 A-E) may work up to twenty (20) hours per week,
except for summer break. During summer break, Student Interns may
work up to forty (40) hours per week for up to twelve (12) weeks. For
purposes of this section 2.10, “summer break” means May through
September.
7. Retiree temporary employees.
8. Employees in the Contra Costa County Fire Protection District assigned
to the classification of Fire Control Worker (RBW2)
2.11 Workweek: The workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on Sunday.
2.12 Time Reporting/Time Stamping: Temporary and per diem employees must
timestamp in and out as they begin their work shifts, finish their work shifts, and
take meal periods.
3. Salary Administration-Payment
3.10 Hourly Rate: The hourly rate paid to temporary and per diem employees will be
the “1.00 hourly rate” calculated on the salary schedule by dividing the
unrounded monthly salary at any step by 173.33.
3.11 New Employee Step: Except as otherwise permitted in deep class resolutions,
temporary and per diem employees will generally be appointed at the minimum
step of the salary range established for the particular class to which the
appointment is made. However, the Human Resources Director may authorize
an appointing authority to make a particular temporary appointment at a step
above the minimum of the range.
3.12 Payment: Temporary and per diem employees are paid on the 10th of each
month for the previous month (16th to end of the month) and on the 25th of
each month for the 1st to the 15th of the current month. Temporary and per
diem employees require “Positive” reporting of all hours to be paid.
3.13 Pay Warrant Errors: If an employee receives a pay warrant which has an error
in the amount of compensation to be received and if this error occurred as a
result of a mistake by the Auditor-Controller’s Office, it is the policy of the
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APPENDIX I
Resolution No.
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Auditor-Controller’s Office that the error will be corrected and a new warrant
issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and
Holidays from the time the department is made aware of and verifies that the
pay warrant is in error.
Pay errors discovered by the County in employee pay will be corrected
prospectively as soon as possible as to current pay rate.
No recovery of either overpayments or underpayments to an employee will be
made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision will apply regardless of whether the
error was made by the employee, the Appointing Authority or designee, the
Director of Human Resources or designee, or the Auditor-Controller or
designee. Recovery of fraudulently accrued over or underpayments are
excluded from this section for both parties.
The County will notify an employee of an overpayment and repayment
schedule.
When the County notifies an employee of an overpayment and a proposed
repayment schedule, the employee may accept the proposed repayment
schedule or may request a meeting through the County Human Resources
Department. If requested, a meeting shall be held to determine a repayment
schedule which shall be no longer than three (3) times the length of time the
overpayment occurred.
3.14 Overtime Pay: Temporary and per diem employees will be paid overtime pay in
accordance with the Fair Labor Standards Act method for computing overtime
for any authorized work performed in excess of forty (40) forty hours per week.
Work performed does not include non–worked hours.
4. Salary Increments within Range
4.10 Increment Eligibility and Salary Review: All temporary and per diem employees
will accumulate a record of straight time hours worked for the purpose of a
salary review to determine whether the employee will be advanced to the next
higher salary step in the salary range for the classification. Advancement to a
higher step will be granted only on the affirmative recommendation of the
appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend either granting or denying the salary
increment for the increment.
Temporary and per diem employees hired at Step 1 of the salary range for their
classification will be eligible for a salary review as described above after
321
APPENDIX I
Resolution No.
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completion of 1040 straight time hours worked. Employees will be eligible for
additional salary review after accumulation of an additional 2080 straight time
hours.
No provision of this section will be construed to make the granting of salary
increments mandatory on the County.
4.11 Frequency of Increments: Increments within range will not be granted more
frequently than once per every 2080 straight time hours worked by a temporary
or a per diem employee.
4.12 Effective Date: Step increases resulting from an approved salary review will be
effective the first of the month following completion of 2080 straight time hours
worked and return of the salary review report to the Human Resources
Department.
5. Special Pays and Benefits
Temporary and per diem employees, other than physicians, may be eligible for
certain special types of pays and benefits, in addition to wages, under
specifically defined circumstances. Those special pays and benefits that are
applicable to certain temporary and per diem employees are specified under
this Section 5 “Special Pay and Benefits.” If a special pay or benefit is not
listed in this Appendix then that special pay or benefit does not apply to
temporary or per diem employees.
5.10 Overtime Pay Nursing Shift Coordinator- Per Diem (VWHD): Per Diem
employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD)
who work on a holiday are entitled to receive overtime pay at the rate of one
and one-half (1.5) times his/her hourly rate for all hours worked on the holiday,
up to a maximum of eight (8) hours.
5.11 Shift Differential: Temporary employees in the classification of Student Worker
(999E) and per diem employees in the classification of Nursing Shift
Coordinator- Per Diem (VWHD) will receive a shift differential of five percent
(5%) of base rate of pay when the employee is scheduled to work for four (4) or
more hours between 5:00p.m. and 9:00a.m.
In order to receive the shift differential, the employee must start work between
the hours of midnight and 5:00a.m. or between 11:00a.m. and midnight on the
day the shift is scheduled to begin. Hours worked in excess of the employee’s
scheduled workday will count towards qualifying for the shift differential, but the
employee will not be paid the shift differential on any excess hours worked.
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APPENDIX I
Resolution No.
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5.12 Evening Shift Differential: Temporary employees in the classification of Family
Nurse Practitioner (VWSB) and a per diem employees in the classification of
Nursing Shift Coordinator- Per Diem (VWHD) will receive a shift differential of
twelve (12%) of the employee’s base hourly rate of pay for the employee’s
entire shift designation when the employee works four (4) or more hours
between 5:00 p.m. and 11:00 p.m. In order to receive the shift differential the
employee must start work between 11:00 a.m. and 12:00 midnight on the day
the shift is scheduled to begin. Hours worked in excess of the employee’s shift
designation will count towards qualifying for the shift differential but the
employee will not be paid the shift differential on any hours worked in excess of
the employee’s shift designation.
5.13 Night Shift Differential: Temporary employees in the classification of Family
Nurse Practitioner (VWSB) and a per diem employee in the classification of
Nursing Shift Coordinator- Per Diem (VWHD) will receive a shift differential of
fifteen percent (15%) of the employee’s base hourly rate of pay for the
employee’s entire shift designation when the employee works four (4) or more
hours between 11:00 p.m. and 9:00 a.m. In order to receive the shift differential
the employee must start work between the hours of 7:00 p.m. and 12:00
midnight or 12:00 midnight and 8:00 a.m. on the day the shift is scheduled to
begin. Hours worked in excess of the employee’s shift designation will count
towards qualifying for the shift differential but the employee will not be paid the
shift differential on any hours worked in excess of the employee’s shift
designation.
5.14 Weekend Shift Differentials: Temporary employees in the classifications Library
Student Assistant-Exempt (3KW2) and Library Aide-Exempt (3KW4) may
receive a shift differential of five percent (5%) of the employee’s base hourly
rate of pay for all hours worked on a Saturday. Said five percent (5%)
differential will not apply to an overtime hours worked on Saturday.
Temporary employees in the classifications Library Student Assistant-Exempt
(3KW2) and Library Aide-Exempt (3KW4) may receive a shift differential of
seven and one-half percent (7.5%) of the employee’s based rate of pay for all
hours worked on a Sunday. Said seven and one-half percent (7.5%) differential
will not apply to overtime hours worked on Sundays.
5.15 Hospital and Clinics Division Weekend Shift Differential: Temporary employees
in the classification of Family Nurse Practitioner (VWSB) who work in the
Hospital and Clinic divisions will be paid an additional ten dollar ($10.00) per
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APPENDIX I
Resolution No.
Page 6 of 7
hour if assigned a shift within the following timeframe, FRI 11PM TO SUN
11PM.
5.16 Morning Watch Shift Differential: Temporary employees in the classification of
Dispatcher I (64WK) and Dispatcher II (64WM) may receive Morning Watch
Shift Differential of three percent (3%) of base rate of pay for the employee’s
entire scheduled shift when the employee works four (4) or more hours
between the hours of 0000 and 0800.
The Morning Watch is defined as time worked between the hours of 0000 hours
and 0800 hours.
5.17 Evening Watch Shift Differential: Temporary employees in the classification of
Dispatcher I (64WK) and Dispatcher II (64WM) may receive an Evening Watch
Shift Differential of five percent (5%) of base rate of pay for the employee’s
entire scheduled shift when the employee works four (4) or more hours
between 1600 and 0000 hours.
The Evening Watch is defined as time worked between 1600 hours and 0000
hours.
Hours worked in excess of the employee’s scheduled workday will count toward
qualifying for the Morning Watch Shift Differential and Evening Watch Shift
Differential, but the employee will not be paid the differential on any excess
hours worked.
5.18 Code Gray/STAT Team Differential: Per Diem employees in the classification of
Nursing Shift Coordinator- Per Diem (VWHD) who are assigned by hospital
administration to respond to emergency Code Gray calls as a member of the
STAT Team are entitled to a differential of ten percent (10%) of the employee’s
base rate of pay (not including differentials).
5.19 School Security Detail: Temporary employees in the classification of Deputy
Sheriff Reserve (6XW3) who are assigned to events held within the San Ramon
Valley School district will receive $20.00 per hour.
5.20 County Fair Assignment: Temporary employees in the classification of Deputy
Sheriff Reserve (6XW3) who are assigned to the annual Contra Costa County
Fair will receive $25.00 per hour.
5.21 Sheriff’s Office Specialized Per Diem Classification Pay. The base rate of pay
of the classifications of Deputy Sheriff-Per Diem (6XWC) and Law Enforcement
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APPENDIX I
Resolution No.
Page 7 of 7
Training Instructor-Per Diem (64WB) will be increased at the same time and at
the same percentage as that of the Deputy Sheriff-40 Hour (6XWA)
classification.
6. Special Pays for Temporary Physicians
6.10 Clinical On-Call. A temporary physician is eligible for Clinical On-Call pay when
assigned to on-call obligations by the Appointing Authority or his/her designee.
Clinical On-Call pay will be paid at the rate of twenty-eight dollars ($28) per
hour for each hour of designated on-call period. The on-call pay ends if the
physician is called back and returns to work during the on-call period.
6.11 Nocturnist Pay. A temporary physician performing work in the classifications of
Emergency Medicine-Exempt, Hospitalist-Exempt, OBGYN-Full Spectrum-
Exempt, OBGYN-FM Advanced Obstetrics-Exempt, Pediatrician-Hospitalist-
Exempt, and Psychiatrist-Emergency Services Detention-Exempt, is eligible for
fifty dollars ($50) for each hour worked between 11:00 p.m.- 7:00 a.m. Monday
through Thursday; and for each hour worked between 9:00 p.m. – 7:00 a.m. on
Friday, Saturday, Sunday, Holidays, December 24, and December 31.
7. Sick Leave
Refer to Administrative Bulletin 413 “Twenty-four Hour Sick Leave Benefit”
8. Workers’ Compensation
Workers’ Compensation benefits will be provided pursuant to State Law.
9. Health Benefit Access for Employees Not Otherwise Covered
To access County health plans, an employee who is not otherwise eligible for
health coverage by the County must be eligible to receive an offer of coverage
from the County under the federal Patient Protection and Affordable Care Act
(“ACA”)(42 U.S.C. § 18081). Employees eligible to receive an offer of coverage
(and qualified dependents) will be offered access to County health insurance
plans. Employees will be responsible for the full premium cost of coverage.
325
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-302 Agenda Date:9/12/2023 Agenda #:
C.22.
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Notice of Adjustment in Compensation Paid to Members of the Board of Supervisors.
RECOMMENDATIONS:
RECEIVE notice of adjustment in compensation paid to members of the Board of Supervisors, showing the
0.53 percent salary increase for Board members retroactive to July 1, 2023, as required by Ordinance 2019-11.
FISCAL IMPACT:
The annual cost of the salary increase will be approximately $1,103 per Board member.
BACKGROUND:
On April 16, 2019, the Board of Supervisors adopted Ordinance No. 2019-11, linking the base salary for
members of the Board of Supervisors to the salary of Superior Court judges. The ordinance provides that from
and after January 1, 2021, Supervisors receive 65% of judges’ salary. This includes the increases, at the same
time and in the same percentage, that the judges receive, so that a base salary of 65% of Contra Costa County
Superior Court judges’ salary is maintained. Ordinance No. 2019-11 requires that for all adjustments to base
salary occurring after January 1, 2021, a “notice of adjustment in compensation paid to members of the board
of supervisors” shall appear on the agenda of a regular meeting of the Board of Supervisors at least ten (10)
days prior to the date such adjustment is implemented. Each such adjustment will have the same effective date
as the corresponding salary adjustment for the Contra Costa County Superior Court judges.
On August 9, 2023, the County received notice that Superior Court judges’ salary was increased to $232,399,
retroactive to July 1, 2023. This was a 0.53% increase to judicial salaries. The purpose of this Board Order is
to provide notice, pursuant to Ordinance 2019-11, that the salaries for members of the Board of Supervisors
also are increased by a further 0.53% to maintain a base salary of 65% of Superior Court Judges’ salary. The
monthly salary amount for Board members increases from $12,521.93 to $12,588.28. This salary increase will
be implemented on or after September 12, 2023, with an effective date of July 1, 2023.
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CONSEQUENCE OF NEGATIVE ACTION:
The County will not be in compliance with Ordinance 2019-11.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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Exempt Program
1515 S Street, North Building, Suite 500
Sacramento, CA 95811
(916) 324-9381; Fax (916) 327-1886
Governor Gavin Newsom
Secretary, Government Operations Agency Amy Tong
Director Eraina Ortega
August 9, 2023
State Controller’s Office
300 Capitol Mall
Sacramento, CA 95814
Subject: Exempt Pay Letter
Per Government Code section 68203, this is to notify you that the Department of
Human Resources (CalHR) has adjusted the following statutory judicial salaries,
effective July 1, 2023. This represents a salary increase of 0.53% percent based
on the figures of the average increase provided to State employees in FY 2023-
2024.
Please note that the monthly rate may be rounded down so that the total for the twelve
months does not exceed the annual amount. If you have any questions, please contact
Angelina Snarr at (916) 324-9406 or Angelina.Snarr@calhr.ca.gov.
Sincerely,
Manpreet Singh
Exempt Program Manager
(916) 323-4023
Class
Code
Class Title
Monthly
Salary
Annual
Salary
New Monthly
Salary
New Annual
Salary
L5987 Chief Justice $24,659.00 $295,908 $24,789.66 $297,476
L5988 Associate
Justice $23,514.75 $282,177 $23,639.41 $283,673
L5991 Justice, Court of
Appeal $22,045.16 $264,542 $22,162.00 $265,944
L9999 Judge, Superior
Court $19,264.50 $231,174 $19,366.58 $232,399
328
State Controller’s Office
Page 2
cc: Millicent A. Tidwell, Acting Administrative Director
John Wordlaw, Chief Administrative Officer
Aurora Rezapour, Director, Human Resources Office
Felizia Nava-Kardon, Deputy Director, Human Resources
Evelyn Ramos, Human Resources Supervisor
329
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-543 Agenda Date:9/12/2023 Agenda #:
C.23.
To: Board of Supervisors
From:Monica Nino, County Administrator
Report Title:ADOPT Resolution Reaffirming and Authorizing Updates to the County Debt
Management Policy
RECOMMENDATIONS:
ADOPT Resolution updating and reaffirming the County Debt Management Policy.
FISCAL IMPACT:
No specific fiscal impact.
BACKGROUND:
On December 7, 2006, the Finance Committee reviewed and discussed a report regarding establishing a County
Debt Management Policy. The Committee directed staff to report to the full Board on December 19, 2006 the
recommendation to adopt a formal County Debt Management Policy. A formal policy was adopted on
December 19, 2006 (Resolution No. 2006/773).
Since that time, the Board of Supervisors has worked exceptionally hard to address the County’s financial
issues and has set very ambitious and necessary goals for lowering cost growth, balancing the budget, and
increasing reserves. These solutions have been aimed at addressing both short- and long-term needs and
improving the County’s future ability to maintain public services. The four financial policy areas that have
contributed significantly to the Board's goals are the following:
·Budget Policy (established November 2006)
·General Fund Reserve Policy (established December 2005)
·Facilities Maintenance (included in Budget Policy)
·Debt Management Policy (established December 2006)
The Debt Management Policy establishes debt affordability standards that help the County to evaluate when,
why, and how much debt should be issued. In addition, the Debt Management Policy:
·Establishes parameters for issuing and managing debt;
·Provides guidance to decision makers so as not to exceed the debt affordability standards;
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·Directs staff on objectives to be achieved both pre- and post-issuance;
·Promotes objectivity in decision-making and limits the role of political influence;
·Describes responsibilities for Continuing Disclosure and Post-Issuance Tax compliance policies and
procedures; and
·Facilitates the process by considering and making important policy decisions in advance of an actual
financing.
Based on this work, the County has benefitted from credit rating increases from Moody’s Investor Service
(Moody’s) and Standard & Poor’s (S&P). Specifically, Moody’s most recently increased the County’s Issuer
Credit Rating (ICR) from Aa2 to Aa1 in February 2021 as part of a rating review for the County’s 2021 Lease
Revenue Bonds, and S&P increased the County’s ICR from AA to AAA in December 2013, in part, citing the
County’s strong financial management practices.
Periodically, financial policies should be revised to keep current with best practices or changes in law. The Debt
Affordability Advisory Committee (DAAC) reviews the existing Debt Management Policy on an annual basis
and makes recommendations for revisions to the Board of Supervisors for consideration. The DAAC met on
August 30, 2023 and reviewed proposed amendments to the Debt Management Policy and is recommending
updates. Specifically, there are two updates to the policy for the Board's consideration at today's meeting:
o Section 2(C)."Creditworthiness and Debt Affordability Measures." Updates the section to allow
County staff to work with the County’s Independent Registered Municipal Advisor (IRMA) to update debt
affordability measures and ratios used in the Annual Debt Report (required to be issued annually by the
Debt Management Policy) to include the most recent debt affordability measures and financial ratios used
by Moody’s and S&P. Over the past decade, both rating agencies have actively updated debt ratios used to
evaluate state and local governments across the country. In an effort to maintain parity with debt ratios used
by the credit rating agencies, the proposed change to the Debt Management Policy removes references to
specific debt ratios to be used and instead makes reference to the use of categories of debt ratios used by
Moody’s and S&P, such as debt burden, annual debt service, fund balance, cash/liquidity and pension and
OPEB metrics. Going forward, the County will track the specific debt ratios used by the credit rating
agencies in these categories, including any year-to-year changes, and determine whether to make those
changes in the Annual Debt Report. This ensures that the information provided in the Annual Debt Report
tracks with the lens used by rating agencies to analyze the County’s financial position on a real-time basis.
The proposed policy language recommended by the DAAC is included below for reference:
C. Debt Affordability Measures.The committee shall examine specific statistical measures regarding
the County’s debt and financial position using rating agency ratios (or other municipal market-
informed ratios) and compare these ratios to: (i) those of a cohort group of counties, and (ii) Contra
Costa County’s historical ratios, all to provide a perspective on the County’s debt affordability.
County staff will work with the County’s Independent Registered Municipal Advisor (“Municipal
Advisor”) to identify the most relevant ratios used by Moody’s Investors Service and Standard &
Poor’s and/or other nationally recognized rating agencies or market organizations such as the
Government Finance Officers Association. The annual reporting of such ratios will include those that
are most relevant to County’s assessment of debt affordability and feasible to be calculated
independently by the County and the Municipal Advisor. The ratios ideally will address debt burden,
annual debt service, fund balance, cash/liquidity, and pension and OPEB metrics though the specific
ratios examined may change year to year, upon advice of the Municipal Advisor, based on those ratios
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being utilized most currently by the rating agencies and the municipal market.
o Section 4(E)(5). “Use of Labeled Bonds.” Creates a new requirement for staff to work with the County’s
IRMA during the evaluation stage of a potential bond issuance to identify whether there is a financial or
policy benefit to issuing Labeled Bonds (such as “green,” “social” or “sustainable” bonds) as part of the
bond issuance transaction. The policy does not require the issuance of Labeled Bonds, but rather requires
the evaluation. In discussions with the County’s IRMA, KNN Public Finance, Labeled Bonds are quickly
becoming part of the public finance marketplace such that an evaluation such as this is now commonplace.
In that way, this policy update memorializes what is becoming industry practice, while also advancing the
County’s sustainability policy goals. The proposed policy language recommended by the DAAC is included
below for reference:
Use of Labeled Bonds. Labeled Bonds are bonds issued to promote sustainability, better Environmental,
Social and Governance (ESG) performance and are becoming an important part of financial markets.
The County shall evaluate the use of Labeled Bonds (including “green”, “social” or “sustainable”
bonds) in each competitive or negotiated sale transaction to determine whether the use of Labeled
Bonds would result in an expanded pool of ESG investors, which may result in more affordable costs in
the sale of bonds by the County. The evaluation shall be conducted in collaboration with the County’s
Independent Registered Municipal Advisor (IRMA) and include any additional costs associated with
primary market and continuing disclosure requirements unique to the Labeled Bonds. It is the County’s
preference to issue Labeled Bonds if the evaluation demonstrates a financial or policy benefit to the
County.
CONSEQUENCE OF NEGATIVE ACTION:
The policy will not be formally updated and reaffirmed by the Board of Supervisors and the current policy
adopted on March 22, 2022 (Resolution No. 2022/77) will remain in effect.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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File #:RES 23-543 Agenda Date:9/12/2023 Agenda #:
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF: REAFFIRMING AND AUTHORIZING UPDATES TO THE COUNTY DEBT
MANAGEMENT POLICY
WHEREAS, the Debt Affordability Advisory Committee (DAAC) met on August 30, 2023 to consider updates
to the County’s Debt Management Policy, currently adopted as Resolution No. 2022/77, for consideration by
the Board of Supervisors; and
WHEREAS, the Contra Costa County Board of Supervisors, acting in its capacity as the Governing Board of
the County of Contra Costa and for Special Districts, Agencies and Authorities governed by the Board wishes
to reaffirm and authorize updates its Debt Management Policy.
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors, acting in its
capacity as the Governing Board of the County of Contra Costa and for Special Districts, Agencies and
Authorities governed by the Board, takes the following actions:
1. Reaffirms its commitment to prudent debt management practices; and
2. Adopts this Resolution, including the County Debt Management Policy as attached; and
3. This Resolution supersedes and replaces Resolution No 2022/77 in full.
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I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 5 of 5
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Contra Costa County, California
Debt Management Policy
County Administration
1025 Escobar Street, 4th Floor
Martinez, California 94553
September 12, 2023
335
DEBT MANAGEMENT POLICY
TABLE OF CONTENTS
I. Purpose 1
II. Debt Affordability Advisory Committee 1
III. Comprehensive Capital Planning 2
IV. Planning and Structure of County Indebtedness 2
V. Method of Sale 4
VI. Refinancing of Outstanding Debt 5
VII. Credit Ratings 5
VIII. Management Practices 6
Government Finance Officers Association: Checklist of Debt Policy Considerations Appendix 1
Post-Issuance Tax Compliance Procedures for Tax Exempt and Tax-Advantaged Bonds Appendix 2
Continuing Disclosure Procedures Appendix 3
Community Facilities Districts Appendix 4
Multifamily Mortgage Revenue Bond Program Policies and Procedures Appendix 5
Successor Agency to the former Contra Costa County Redevelopment Agency Appendix 6 Policies and Procedures
- i -
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1
Contra Costa County, California
Debt Management Policy
I. PURPOSE: The County recognizes the foundation of any well-managed debt program
is a comprehensive debt policy. A debt policy sets forth the parameters for issuing debt
and managing outstanding debt and provides guidance to decision makers regarding the
timing and purposes for which debt may be issued, types and amounts of permissible debt,
method of sale that may be used and structural features that may be incorporated. The
debt policy should recognize a binding commitment to full and timely repayment of all debt
as an intrinsic requirement for entry into the capital markets. Adherence to a debt policy
helps to ensure that a government maintains a sound debt position and that credit quality
is protected. Advantages of a debt policy are as follows:
• enhances the quality of decisions by imposing order and discipline, and promoting
consistency and continuity in decision making,
• provides rationality in the decision-making process,
• identifies objectives for staff to implement,
• demonstrates a commitment to long-term financial planning objectives, and
• is regarded positively by the rating agencies in reviewing credit quality.
II. DEBT AFFORDABILITY ADVISORY COMMITTEE
A. Purpose. By adoption of this Debt Policy, the Debt Affordability Advisory Committee is
established. Its purpose is to annually review and evaluate existing and proposed new County debt
and other findings and/or issues the committee considers appropriate.
It is the task of this committee to assess the County’s ability to generate and repay debt. The
committee will issue an annual report to the County Administrator defining debt capacity of the County.
This review will be an important element of the budget process and will include recommendations
made by the committee regarding how much new debt can be authorized by the County without
overburdening itself with debt service payments.
B. Members. The committee shall be composed of the Auditor-Controller, Treasurer-Tax
Collector, Director/Conservation and Development Department, and County Finance Director.
C. Debt Affordability Measures. The committee shall examine specific statistical measures
regarding the County’s debt and financial position using rating agency ratios (or other municipal
market-informed ratios) and compare these ratios to: (i) those of a cohort group of counties, and (ii)
Contra Costa County’s historical ratios, all to provide a perspective on the County’s debt affordability.
County staff will work with the County’s Independent Registered Municipal Advisor (“Municipal
Advisor”) to identify the most relevant ratios used by Moody’s Investors Service and Standard & Poor’s
and/or other nationally recognized rating agencies or market organizations such as the Government
Finance Officers Association. The annual reporting of such ratios will include those that are most
relevant to County’s assessment of debt affordability and feasible to be calculated independently by the
County and the Municipal Advisor. The ratios ideally will address debt burden, annual debt service,
fund balance, cash/liquidity, and pension and OPEB metrics though the specific ratios examined may
change year to year, upon advice of the Municipal Advisor, based on those ratios being utilized most
currently by the rating agencies and the municipal market.
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III. COMPREHENSIVE CAPITAL PLANNING
A. Planning. The County Administrator’s Office shall prepare a multi-year capital program for
consideration and adoption by the Board of Supervisors as part of the County’s budget process.
Annually, the capital budget shall identify revenue sources and expenditures for the coming current
year and the next succeeding three fiscal years. The plan shall be updated annually.
B. Funding of the Capital Improvement Program. Whenever possible, the County will first
attempt to fund capital projects with grants or state/federal funding, as part of its broader capital
improvement plan. When such funds are insufficient, the County will use dedicated revenues to fund
projects. If these are not available, the County will use excess surplus from the reserve and debt
financing, general revenues. The County shall be guided by three principles in selecting a funding
source for capital improvements: equity, effectiveness and efficiency.
1. Equity: Whenever appropriate, the beneficiaries of a project or service will pay for it. For
example, if a project is a general function of government that benefits the entire community, such as an
Office of Emergency Services, the project will be paid for with general purpose revenues or financed
with debt. If, however, the project benefits specific users, such as a building permit facility, the
revenues will be derived through user fees or charges, and assessments.
2. Effectiveness: In selecting a source or sources for financing projects, the County will
select one or more that effectively funds the total cost of the project. For example, funding a capital
project, or the debt service on a project, with a user fee that does not provide sufficient funds to pay
for the project is not an effective means of funding the project.
3. Efficiency: If grants or current revenues are not available to fund a project, the County will
generally select a financing technique that provides for the lowest total cost consistent with acceptable
risk factors and principals of equity and effectiveness. These methods currently consist of County
issued debt, special funding programs funded by state or federal agencies, or special pool financing.
Examples include funding pools like the Association of Bay Area Governments Participation
Certificates.
C. Maintenance, Replacement and Renewal/FLIP. The County intends to set aside sufficient
current revenues to finance ongoing maintenance needs and to provide periodic replacement and
renewal consistent with its philosophy of keeping its capital facilities and infrastructure systems in
good repair and to maximize a capital asset’s useful life.
D. Debt Authorization. No County debt issued for the purpose of funding capital projects
may be authorized by the Board of Supervisors unless an appropriation has been included in the
capital budget (Some forms of debt such as Private Activity Bonds for housing, Mello-Roos for
infrastructure, and redevelopment bonds for infrastructure/facilities may not be appropriate for
inclusion in the County capital improvement program. The policies for such forms of debt are
included as Appendixes 4, 5, and 6).
IV. PLANNING AND STRUCTURE OF COUNTY INDEBTEDNESS
A. Overview. The County shall plan long- and short-term debt issuance to finance its capital
program based on its cash flow needs, sources of revenue, capital construction periods, available
financing instruments and market conditions. The County Finance Director shall oversee and
coordinate the timing, issuance process and marketing of the County’s borrowing and capital funding
activities required in support of the capital improvement plan. The County shall finance its capital
needs on a regular basis dictated by its capital spending pattern. Over the long-term this policy should
result in a consistently low average interest rate. When market conditions in any one-year result in
higher-than-average interest rates, the County shall seek refinancing opportunities in subsequent years
to bring such interest rates closer to the average. The Debt Affordability Advisory Committee shall use
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3
the Government Financial Officers Association checklist set forth in Appendix 1 hereto in planning and
structuring any debt issuances.
B. Financing Team. The County employs outside financial specialists to assist it in developing a
debt issuance strategy, preparing bond documents and marketing bonds to investors. The key team
members in the County’s financing transactions include its financial advisor and outside bond and
disclosure counsel, the underwriter and County representatives (the County Auditor-Controller,
Treasurer-Tax Collector, and the County Finance Director, among others). Other outside firms, such
as those providing paying agent/registrar, trustee, credit enhancement, verification, escrow, auditing,
or printing services, are retained as required. The County will issue Requests for Qualifications (RFQs)
for financial advisor, bond & tax counsel, disclosure counsel and underwriters every three years, with
the option to renew for a maximum of two additional years. The financing team shall meet at least
semi-annually to review the overall financing strategy of the County and make recommendations to the
County Administrator.
C. Term of Debt Repayment. Borrowings by the County shall mature over a term that does not
exceed the economic life of the improvements that they finance and usually no longer than 20 years,
unless special structuring elements require a specific maximum term to maturity, as is the case with
pension obligation bonds. The County shall finance improvements with a probable useful life less than
five years using pay-go funding for such needs. Bonds sold for the purchase of equipment with a
probable useful life exceeding five years are repaid over a term that does not exceed such useful life.
D. Legal Borrowing Limitations/Bonds and other indebtedness. California Government Code
Section 29909 limits General Obligation Bond indebtedness to five percent of the total assessed
valuation of all taxable real and personal property within the County, excluding Public Financing Authority
lease revenue bonds, Private Activity Bond, Mello-Roos special tax, and Assessment District Debt for
which no legal limitations are currently in effect.
E. Debt Features.
1. Original issue discount or premium. The County’s bonds may be sold at a
discount or premium, in order to achieve effective marketing, achieve interest cost savings or
meet other financing objectives. The maximum permitted discount is stated in the Notice of Sale
accompanying the County’s preliminary official statement on the Bond Purchase Agreement, as
applicable.
2. Debt service structure/Level Debt Service. The County shall primarily finance its
long-lived municipal improvements over a 20-year term or less, on a level debt service basis. This
policy minimizes long-run impact on a funding department’s budget. The County will seek to
continue this practice, unless general fund revenues are projected to be insufficient to provide
adequately for this debt service structure.
3. Call provisions. The County shall seek to minimize the protection from optional
redemption given to bondholders, consistent with its desire to obtain the lowest possible interest rates
on its bonds. The County’s tax-exempt bonds are generally subject to optional redemption. The
County seeks early calls at low or no premiums because such features will allow it to refinance debt
more easily for debt service savings when interest rates drop. The County and its financial advisor
shall evaluate optional redemption provisions for each issue to assure that the County does not pay
unacceptably higher interest rates to obtain such advantageous calls. The County shall not sell
derivative call options.
4. Interest rates. The County shall first consider the use of fixed-rate debt to finance it
capital needs, except for short-term needs (such as short-lived assets) that will be repaid or
refinanced in the near term; and may consider variable rate debt under favorable conditions.
5. Use of Labeled Bonds. Labeled Bonds are bonds issued to promote sustainability,
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4
better Environmental, Social and Governance (ESG) performance and are becoming an important
part of financial markets. The County shall evaluate the use of Labeled Bonds (including “green”,
“social” or “sustainable” bonds) in each competitive or negotiated sale transaction to determine
whether the use of Labeled Bonds would result in an expanded pool of ESG investors, which may
result in more affordable costs in the sale of bonds by the County. The evaluation shall be
conducted in collaboration with the County’s Independent Registered Municipal Advisor (IRMA) and
include any additional costs associated with primary market and continuing disclosure requirements
unique to the Labeled Bonds. It is the County’s preference to issue Labeled Bonds if the evaluation
demonstrates a financial or policy benefit to the County.
F. Other Obligations Classified as Debt/Other Post-Employment Benefits (OPEB)/Vested
Vacation Benefits. OPEBs and vacation benefits are earned by County employees based on time in
service. The County records these vacation benefits as earned in accordance with generally accepted
accounting principles as established by the Governmental Accounting Board (GASB). The liability for
the benefit is recorded on the Fund level financial statements. The expense is recorded during the
conversion to the Government Wide financial statements in accordance with GASB standards. For
Enterprise funds the expense and liability are accrued in the respective funds. In this initial policy, the
amount of OPEB and vacation benefits will not be in measures used to evaluate the County’s debt
affordability. However, the County’s net OPEB obligation is posted to the County’s balance sheet.
V. METHOD OF SALE. The County will select a method of sale that is the most appropriate in light
of financial, market, transaction-specific and County-related conditions, and explain the rationale for its
decision.
A. Competitive Sales. Debt obligations are generally issued through a competitive sale. The
County and its financial advisor will set the terms of the sale to encourage as many bidders as
possible. By maximizing bidding, the County seeks to obtain the lowest possible interest rates on its
bonds. Some of the conditions that generally favor a competitive sale include:
1. the market is familiar with the County;
2. the County is a stable and regular borrower in the public market;
3. there is an active secondary market with a broad investor base for the County’s bonds;
4. the issue has a non-enhanced credit rating of A or above or can obtain credit enhancement
prior to the competitive sale;
5. the debt structure is backed by the County’s full faith and credit or a strong, known or historically
performing revenue stream;
6. the issue is neither too large to be easily absorbed by the market nor too small to attract
investors without a concerted sale effort;
7. the issue does not include complex or innovative features or require explanation as to the
bonds’ security;
8. the issue can be sold and closed on a schedule that does not need to be accelerated or
shortened for market or policy reasons; and
9. interest rates are stable, market demand is strong, and the market is able to absorb a
reasonable amount of buying or selling at reasonable price changes.
B. Negotiated Sales. When certain conditions favorable for a competitive sale do not exist and
when a negotiated sale will provide significant benefits to the County that would not be achieved
through a competitive sale, the County may elect to sell its debt obligations through a private
placement or negotiated sale, upon approval by the County Board of Supervisors. Such
determination shall be made on an issue-by-issue basis, for a series of issues, or for part or all of a
specific financing program. The following practices are recommended to be observed in the event of
a negotiated sale:
1. ensure fairness by using a competitive underwriter selection process through a request for
proposals distributed to the established underwriter pool so that multiple proposals are
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considered;
2. remain actively involved in each step of the negotiation and sale processes to uphold the public
trust;
3. ensure that either an employee of the County and an outside professional other than the
issue underwriter, who is familiar with and abreast of the condition of the municipal market,
is available to assist in structuring the issue, pricing, and monitoring sales activities;
4. require that the financial advisor used for a particular bond issue not act as underwriter of
the same bond issue;
5. require that financial professionals disclose the name or names of any person or firm,
including attorneys, lobbyists and public relations professionals compensated in
connection with a specific bond issue;
6. request all financial professionals submitting joint proposals or intending to enter into joint
accounts or any fee-splitting arrangements in connection with a bond issue to fully disclose to the
County any plan or arrangements to share tasks, responsibilities and fees earned, and disclose the
financial professionals with whom the sharing is proposed, the method used to calculate the fees to
be earned, and any changes thereto; and
7. review the “Agreement among Underwriters” and ensure that it is filed with the County
and that it governs all transactions during the underwriting period.
VI. REFINANCING OF OUTSTANDING DEBT. The County may undertake refinancing of
outstanding debt under the following circumstances:
A. Debt Service Savings. The County may refinance outstanding long-term debt when such
refinancing allows the County to realize significant debt servic e savings (2% minimum by maturity and
a minimum 4% savings overall) without lengthening the term of refinanced debt and without increasing
debt service in any subsequent fiscal year. The County may also consider debt refinancing when a
primary objective would be the elimination of restrictive covenants that limit County operations.
B. Defeasance. The County may refinance outstanding debt, either by advance refunding to the
first call or by defeasance to maturity, when the public policy benefits of replacing such debt outweigh
the costs associated with new issuance as well as any increase in annual debt service.
VII. CREDIT RATINGS
A. Rating Agency Relationships. The County Finance Director, or designee, is responsible
for maintaining relationships with the rating agencies that assign ratings to the County’s various debt
obligations. This effort includes providing periodic updates on the County’s general financial
condition along with coordinating meetings and presentations in conjunction with a new debt
issuance.
B. Quality of Ratings. The County shall request ratings prior to the sale of securities from at
least two major rating agencies for public issuances of municipal bonds. Currently, there are three
major rating agencies providing ratings to municipal issuers, including Moody’s Investors Service
(“Moody’s), Standard & Poor’s Global Ratings (S&P) and Fitch Ratings. The County is currently
rated by Moody’s and S&P. The County shall provide a written and/or oral presentation to the rating
agencies to help each credit analyst make an informed evaluation of the County’s financial condition
and to present details of the proposed issuance. The County shall make every reasonable effort to
maintain its implied general obligation bond credit ratings. The County may, on a case by case basis,
decide to obtain one or no ratings prior to a bond issuance if, after consulting with its financial
advisor, bond counsel and disclosure counsel, it is determined that this is in the best interest of the
County.
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VIII. MANAGEMENT PRACTICES. The County has instituted sound management practices and will
continue to follow practices that will reflect positively on it in the rating process. Among these are the
County development of and adherence to long-term financial and capital improvement plans,
management of expense growth in line with revenues and maintenance of an adequate level of
operating reserves.
A. Formal Fiscal Policies. The County shall continue to establish, refine, and follow formal fiscal
policies such as: Investment Policy, General Fund Reserve Policy, Budget Policy, and this Debt
Management Policy.
B. Rebate Reporting and Continuing Covenant Compliance. The County Finance Director, or
designee, is responsible for maintaining a system of record keeping and reporting to meet the
arbitrage rebate compliance requirements of the federal tax code and/or contracting for such service.
This effort includes tracking investment earnings on debt proceeds, calculating rebate payments in
compliance with tax law, and remitting any rebatable earnings to the federal government in a timely
manner in order to preserve the tax- exempt status of the County’s outstanding debt issues.
Additionally, general financial reporting and certification requirements embodied in bond covenants are
monitored to ensure that all covenants are complied with.
C. Reporting Practices. The County will comply with the standards and best practices of the
Government Finance Officers Association for financial reporting and budget presentation and the
disclosure requirements of federal regulatory agencies including the Securities and Exchange
Commission and Internal Revenue Service; state agencies charged with the regulation of municipal
securities, including the State Treasurer’s Office; and self-regulatory organizations such as the
Municipal Standards Rulemaking Board.
D. Post-Issuance Tax Compliance Procedures for Tax-Exempt and Tax-Advantaged
Bonds. To assure it manages its debt obligations in accordance with all federal tax requirements, the
County will comply with the Post-Issuance Tax Compliance Procedures for Tax-Exempt and Tax-
Advantaged Bonds, as set forth in Appendix 2 to this Policy.
E. Continuing Disclosure Procedures. To assure it manages its debt obligations in
accordance with the terms of Continuing Disclosure Agreements included in individual bond
issuances and federal and state regulations, the County has adopted policies and procedures set
forth in Appendix 3 hereto.
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APPENDIX 1
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Checklist of Debt Policy Considerations
1. How long is the capital planning period?
2. Have all non-debt sources of funds been considered?
3. How are borrowing plans reviewed internally?
4. What level of debt is manageable in order to maintain or improve the government’s credit quality?
5. How much “pay-as-you-go” financing should be included in the capital plan?
6. How much short-term borrowing will be undertaken, including both operating and capital borrowings?
7. How much debt will be issued in the form of variable-rate securities?
8. How does the redemption schedule for each proposed issue affect the overall debt service requirements of
the government?
9. What types of affordability guidelines will be established to help monitor and preserve credit quality?
10. What provisions have been made to periodically review the capital plan and borrowing practices?
11. What is the overlapping debt burden on the taxpayer?
12. How will the formal debt policies be integrated into the capital planning and funding process?
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Appendix 2
County of Contra Costa
Post-Issuance Tax Compl iance Procedures
for
Tax-Exempt and Direct Pay Bonds
ARTICLE I - PURPOSE ………………………………………….......................................................................... 2
ARTICLE II - GENERAL PRINCIPLES ................................................................................................................ 2
ARTICLE III - POST-ISSUANCE COMPLIANCE REQUIREMENTS …………………………...………….... 2
Section 1. Timely Reporting of Final Sale ...................................................................................................... 2
Section 2. California Debt and Investment Advisory Commission (CDIAC) ................................................ 2
Section 3. Internal Revenue Services (IRS) .................................................................................................... 2
ARTICLE IV - EXTERNAL ADVISORY AND DOCUMENTATION .................................................................. 3
Section 1. General ........................................................................................................................................... 3
Section 2. Oversight ........................................................................................................................................ 3
Section 3. External Advisors ........................................................................................................................... 3
ARTICLE V - ROLE OF COUNTY AS BOND ISSUER ........................................................................................ 3
Section 1. Custody of Bond Proceeds.............................................................................................................. 3
Section 2. Arbitrage Rebate and Yield ............................................................................................................ 3
Section 3. Use of Bond Proceeds ...…………………………………………………………………………. 4
ARTICLE VI - RECORD RENTENTION POLICY ................................................................................................. 4
Section 1. General Policy ................................................................................................................................ 4
Section 2. Electronic Records Retention ......................................................................................................... 5
Section 3. Department Retention Policies Superseded ................................................................................... 5
ARTICLE I
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h
PURPOSE
The purpose of these Post-Issuance Tax Compliance Procedures is to establish policies and procedures in
connection with tax-exempt bonds and other tax-advantaged bonds (such as direct pay “Build America bonds”) (together,
the "Bonds") issued by the County of Contra Costa and the County of Contra Costa Public Financing Authority
(together, the "County") so as to ensure that the County complies with all applicable post-issuance requirements of
federal income tax law needed to preserve the tax-exempt or tax-advantaged status of the Bonds and with certain
State law filing requirements.
ARTICLE II
GENERAL PRINCIPLES
Ultimate responsibility regarding post-issuance compliance for all matters relating to County financings and
refundings, other than Tax and Revenue Anticipation Notes ("TRANs"), rests with the County Administrator (the
"Administrator"). The County Treasurer and County Auditor-Controller are responsible for compliance with
respect to TRANs.
ARTICLE III
POST-ISSUANCE COMPLIANCE FILING REQUIREMENTS
Section 1. Timely Reporting of Final Sale. The Administrator and other appropriate County personnel
shall file timely any report required by state and federal regulatory agencies notifying those agencies of the final sale
of bonds, or receipt of bank loan/private placement proceeds, as required by law.
Section 2. California Debt and Investment Advisory Commission (CDIAC) Filings
(A) Report of Proposed Debt Issuance. This report details information about the issuer and the bond
issuance. This report requires the issuer to certify that it has adopted debt policies concerning the use of debt and that
the proposed debt issuance is consistent with those policies. The report is required to be filed no later than 30 days
prior to the sale of any debt issue, pursuant to Government Code § 8855.
(B) Report of Final Sale. This report details information about the issuer and the bond issuance. The
report requires attachment of the Official Statement related to the transaction or other bond documents in the case of a
bank loan/private placement. The report is required to be filed within 21 days of closing, pursuant to Government
Code § 8855.
(C) Special Requirement for Refunding Bonds sold via Negotiated Sale or Private Placement. In addition
to the Report of Final Sale identified in Section 2(B) above, if refunding bonds are sold through a negotiated sale or
private placement, CDIAC requires submission of a written statement explaining the reasons for not selling those
bonds at a public sale or on a competitive basis, as applicable, within 14 days of closing, pursuant to Government
Code § 53583(c)(2)(B).
Section 3. Internal Revenue Service (IRS) Filings
(A) IRS Form 8038-G "Information Return for Tax-Exempt Governmental Obligations”. This filing
details information about the issuer and tax-exempt governmental obligations over $100,000. The report is required
to be filed no later than the 15th day of the second calendar month after the close of the calendar quarter in which
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the bond was issued, pursuant to Internal Revenue Code § 149(e).
ARTICLE IV
EXTERNAL ADVISORY AND DOCUMENTATION
Section 1. General. The Administrator and other appropriate County personnel shall consult with bond
counsel and other legal counsel and advisors, as needed, throughout the Bond issuance process to identify
requirements and to establish procedures necessary or appropriate so that the Bonds will continue to qualify for the
appropriate tax status. Those requirements and procedures shall be documented in a County resolution(s), Tax
Certificate(s) and/or other documents finalized at or before issuance of the Bonds.
Those requirements and procedures shall include future compliance with applicable arbitrage rebate
requirements, private use limitations and all other applicable post-issuance requirements of federal tax law
throughout (and in some cases beyond) the term of the Bonds.
Section 2. Oversight. The Administrator and other appropriate County personnel also shall consult with
bond counsel and other legal counsel and advisors, as needed, following issuance of the Bonds to ensure that all
applicable post- issuance requirements in fact are met. This shall include, without limitation, consultation in
connection with future contracts with respect to the use of Bond-financed assets and future contracts with respect to
the use of output or throughput of Bond-financed assets.
Section 3. External Advisors. Whenever necessary or appropriate, the County shall engage expert
advisors (each a "Rebate Service Provider") to assist in the calculati on of arbitrage rebate payable in respect of the
investment of Bond proceeds.
ARTICLE V
ROLE OF COUNTY AS BOND ISSUER
Section 1. Custody of Bond Proceeds. Unless otherwise provided by County resolutions, unexpended
Bond proceeds shall:
(A) be held by the County, and the investment of Bond proceeds shall be managed by the Administrator.
The Administrator shall maintain records and shall prepare regular, periodic statements to the County regarding
the investments and transactions involving Bond proceeds; or
(B) if a County resolution provides for Bond proceeds to be administered by a trustee, the trustee shall
provide regular, periodic (monthly) statements regarding the investments and transactions involving Bond
proceeds.
Section 2. Arbitrage Rebate and Yield. Unless a Tax Certificate documents that bond counsel has
advised that arbitrage rebate will not be applicable to a specific issue of Bonds, the County shall:
(A) the County shall engage the services of a Rebate Service Provider, and the County or Trustee of the
Bonds shall deliver periodic statements concerning the investment of Bond proceeds to the Rebate Service Provider
on a prompt basis;
(B) upon request, the Administrator and other appropriate County personnel shall provide to the Rebate
Service Provider additional documents and information reasonably requested by the Rebate Service Provider to allow
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for complete arbitrage rebate and yield restriction analysis;
(C) the Administrator, and other appropriate County personnel, shall monitor efforts of the Rebate
Service Provider and assure payment of required rebate amounts, if any, no later than 60 days after each ”rebate
computation” date of the Bonds (consistent with relevant law and the Tax Certificate for each Bond issue), and no
later than 60 days after the last Bond of each issue is redeemed; and
(D) during the construction period of each capital project financed in whole or in part by Bonds, the
Administrator and other appropriate County personnel shall monitor the investment and expenditure of Bond
proceeds and shall consult with the Rebate Service Provider to determine compliance with any applicable
exceptions from the arbitrage rebate requirements during each 6-month spending period up to 6 months, 18 months
or 24 months, as applicable, following the issue date of the Bonds.
Section 3. Use of Bond Proceeds. The Administrator, and other appropriate County personnel, shall:
(A) monitor the use (for this purpose, use means any arrangement including operating contracts, leases
and licenses) of Bond proceeds, the use of Bond-financed assets (e.g., facilities, furnishings or equipment) and the
use of output or throughput of Bond-financed assets throughout the term of the Bonds (and in some cases beyond the
term of the Bonds) to ensure compliance with covenants and restrictions set forth in applicable County resolutions
and Tax Certificates;
(B) maintain records identifying the assets or portion of assets that are financed or refinanced with
proceeds of each issue of Bonds;
(C) consult with Bond Counsel and other professional expert advisers in the review of any contracts,
leases, licenses or arrangements involving use of Bond-financed facilities to ensure compliance with all covenants
and restrictions set forth in applicable County resolutions and Tax Certificates;
(D) maintain records for any contracts, leases, licenses or arrangements involving the use of Bond-
financed facilities as might be necessary or appropriate to document compliance with all covenants and restrictions
set forth in applicable County resolutions and Tax Certificates;
(E) meet at least annually with personnel responsible for Bond-financed assets to identify and discuss any
existing or planned use of Bond-financed, assets or output or throughput of Bond-financed assets, to ensure that
those uses are consistent with all covenants and restrictions set forth in applicable County resolutions and Tax
Certificates.
ARTICLE VI
RECORD RETENTION POLICY
Section 1. General Policy. Unless otherwise specified in applicable County resolutions or Tax
Certificates, the County shall maintain the following documents for the term of each issue of Bonds (including
refunding Bonds, if any) plus five years, or longer if contemplated by a Tax Certificate for a specific issuance:
(A) a copy of the Bond closing transcript(s) and other relevant documentation delivered to the County at
or in connection with closing of the issue of Bonds;
(B) a copy of all material documents relating to capital expenditures financed or refinanced by Bond
proceeds, including (without limitation) construction contracts, purchase orders, invoices, trustee requisitions and
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payment records, as well as documents relating to costs reimbursed with Bond proceeds and records identifying the
assets or portion of assets that are financed or refinanced with Bond proceeds;
(C) a copy of all contracts and arrangements involving private use of Bond-financed assets or for the
private use of output or throughput of Bond-financed assets; and
(D) copies of all records of investments, investment agreements, arbitrage reports and underlying
documents, including trustee statements.
Section 2. Electronic Records Retention. The records outlined above may be retained through an
electronic database that meets the requirements of section 4.01 of IRS Revenue Procedure 97-22, incorporated
herein by reference, including any updates or successor regulations. County Departments responsible for
maintaining records outlined above that choose to retain those records electronically shall coordinate with the Chief
Information Officer to ensure that the information technology system used to store those documents satisfies the
requirements outlined in by section 4.01 of IRS Revenue Procedure 97-22.
Section 3. Department Retention Policies Superseded. This countywide record retention policy related
to the County’s debt management program supersedes any departmental document retention policies that may relate
to the records indicated above.
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APPENDIX 3
COUNTY OF CONTRA COSTA
CONTINUING DISCLOSURE PROCEDURES
ARTICLE I - DEFINITIONS ………….………………………......................................................... 2
ARTICLE II - GENERAL PRINCIPLES ............................................................................................. 4
ARTICLE III - DISCLOSURE REPRESENTATIVES AND COORDINATORS …….………...... 4
Section 1. Appointment of Disclosure Representative .......................................................................... 4
Section 2. Duties of the Disclosure Representative …........................................................................... 4
Section 3. Appointment of Disclosure Coordinator …........................................................................... 4
Section 4. Duties of the Disclosure Coordinator …................................................................................ 4
ARTICLE IV - LISTED EVENTS REQUIREMENTS ...................................................................... 5
Section 1. General. ................................................................................................................................ 5
Section 2. Listed Events for Bonds Issued Prior to December 1, 2010. ................................................ 5
Section 3. Listed Events for Bonds Issued on December 1, 2010 through February 26, 2019.............. 6
Section 4. Listed Events for Bonds Issued on and after February 27, 2019 …...……………………....7
ARTICLE V - ANNUAL REPORT REQUIREMENTS ...................................................................... 9
Section 1. General………....................................................................................................................... 9
Section 2. Financial Statements …………………………………………….......................................... 9
ARTICLE VI - FILING AND NOTICE REQUIREMENTS .............................................................. 9
Section 1. Annual Reports and Event Notices. ....................................................................................... 9
Section 2. California Debt and Investment Advisory Commission......................................................... 9
Section 3. Required Notices. .................................................................................................................. 9
ARTICLE VII - VOLUNTARY DISCLOSURES ................................................................................... 10
ARTICLE VIII - DOCUMENT RETENTION POLICY ..................................................................... 10
Exhibit A: County and Authority Outstanding Debt .......................................................................... A-1
Exhibit B: Required Information for Annual Reports for County and Authority............................... B-1
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ARTICLE I
DEFINITIONS
The following capitalized terms shall have the following meanings in these Procedures:
“Agency” shall mean the Successor Agency to the former Redevelopment Agency of Contra
Costa County.
“Annual Report” shall mean any annual report to be filed by the County or the Authority in
connection with its obligations under any Continuing Disclosure Certificate executed in accordance with
Rule 15c2-12 under the Securities Exchange Act of 1934.
“Auditor-Controller” shall mean the Auditor-Controller of the County of Contra Costa.
“Authority” shall mean the Contra Costa County Public Financing Authority, a joint exercise of
powers authority of which the County of Contra Costa and the Contra Costa County Flood Control and
Water Conservation District are members.
“Board of Supervisors” shall mean the Board of Supervisors of the County of Contra Costa.
“Bonds” shall mean any bonds, certificates of participation, notes or any other evidence of
indebtedness issued by or on behalf of the County or the Authority which is subject to Rule 15c2-12.
“Bond Insurer” shall mean an issuer of a financial guaranty insurance or municipal bond
insurance policy guaranteeing the scheduled payment of principal of and interest on an outstanding issue
of Bonds when due.
“CDIAC” shall mean the California Debt and Investment Advisory Commission.
“Continuing Disclosure Certificate” shall mean each continuing disclosure certificate,
undertaking or agreement executed and delivered by the County or the Authority in connection with an
issue of Bonds.
“County” shall mean the County of Contra Costa, a political subdivision of the State of California.
“County Counsel” shall mean an attorney within the Office of the County Counsel of the County
of Contra Costa, California.
“County Finance Director” shall mean the County Finance Director of the County of Contra
Costa in the County Administrator’s Office.
“Credit Facility Provider” shall mean a bank providing a direct-pay letter of credit or other
security or liquidity instrument in connection with an issue of Bonds which secures the payment of the
principal or purchase price, if any, of and interest on an outstanding issue of Bonds when due.
“Debt Affordability Advisory Committee” shall mean a committee composed of the Auditor-
Controller, Treasurer-Tax Collector, Director of Conservation and Development and the County Finance
Director that advise the County Administrator on debt management issues.
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“Director of Conservation and Development” shall mean the Director of the Department of
Conservation and Development of the County of Contra Costa.
“Disclosure Coordinator” shall mean the person or persons designated by a Disclosure
Representative to assist in taking such action necessary or desirable to comply with the terms of the
Continuing Disclosure Certificates, as provided in Article III hereof.
“Disclosure Counsel” shall mean a firm of nationally recognized standing in matters pertaining
to the disclosure obligations under Rule 15c2-12 of the Securities and Exchange Commission of the
United States of America, duly admitted to the practice of law before the highest court of any state of the
United States of America.
“Disclosure Representatives” shall mean the County Administrator, Director of Conservation
and Development and County Finance Director who are collectively responsible for compliance with the
terms of the Continuing Disclosure Certificates, as provided in Article III.
“EMMA” shall mean the MSRB’s Electronic Municipal Market Access system or any other
successor thereto as designated by the SEC or the MSRB.
“Event Notice” shall mean any notice of the occurrence of a Listed Event.
“Listed Event” shall mean any event described in Article IV hereof.
“MSRB” shall mean Municipal Securities Rulemaking Board.
“Official Statement” shall mean any Preliminary Official Statement, final Official Statement or
any other disclosure document that the County or the Authority prepared in connection with the issuance
and sale of any Bonds.
“Paying Agent” shall mean any bank, trust company, banking association or financial institution
appointed to perform the functions of a paying agent for an issue of Bonds.
“Procedures” shall mean these Continuing Disclosure Procedures.
“Rating Agency” shall mean each of Moody’s Investor’s Service and Standard & Poor’s Rating
Services or any other nationally recognized statistical rating organization registered with the SEC.
“Rule 15c2-12” shall mean Rule 15c2-12(b)(5) adopted by the SEC under the Securities
Exchange Act of 1934, as the same may be amended from time to time.
“SEC” shall mean the United States Securities and Exchange Commission.
“Treasurer-Tax Collector” shall mean the Treasurer - Tax Collector of the County of Contra
Costa.
“Trustee” shall mean the bank, trust company, national banking association or other financial
institution appointed as a trustee for an issue of Bonds.
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ARTICLE II
GENERAL PRINCIPLES
The County is committed to complete and accurate market disclosure in accordance with the disclosure
requirements under the federal securities laws, including rules and regulations promulgated by the SEC and
the MSRB. In order to achieve this objective and, in accordance therewith, these Procedures are approved
by the Board of Supervisors, as recommended by the Debt Affordability Advisory Committee (DAAC), and
may be amended and supplemented from time to time as necessary or desirable, as SEC and MSRB rules are
amended, as Bonds mature, or are redeemed, and as Bonds that are subject to Rule 15c2-12 are issued.
ARTICLE III
DISCLOSURE REPRESENTATIVES AND COORDINATORS
Section 1. Appointment of Disclosure Representatives. The County Administrator,
Director of Conservation and Development, and County Finance Director are appointed as Disclosure
Representatives to fulfill the duties set forth in Section 2 of this Article III.
Section 2. Duties of the Disclosure Representatives.
(A) The Disclosure Representatives shall:
(i) monitor and maintain compliance by the County with its respective Continuing
Disclosure Certificates and these Procedures;
(ii) serve as the main contact for each Disclosure Coordinator to communicate issues and
information that may be included in an Event Notice or an Annual Report;
(iii) maintain the lists attached as Exhibits A and B;
(iv) receive and file notification from Disclosure Coordinators that necessary Event Notices,
Annual Reports, and other information has been timely filed with the EMMA systemand
(v) take such other action as may be necessary or useful to achieve the objectives of these
Procedures and to comply with all applicable federal securities laws.
Section 3. Appointment of Disclosure Coordinator.
The Disclosure Representatives shall appoint one or more Disclosure Coordinators from time to
time to fulfill the duties set forth in Section 4 of this Article III. The Disclosure Coordinators may work
with employees in various County or Authority offices and departments in order to effectively comply
with the objectives of these Procedures.
Section 4. Duties of the Disclosure Coordinator.
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(A) The Disclosure Coordinator shall:
(i) draft, review and file all proposed Event Notices, Annual Reports, and other information
with the EMMA system, in consultation with County Counsel and Disclosure Counsel, as
needed, and notify the Disclosure Representative of completed filings.
(ii) serve as a contact for County staff to communicate issues and information that may be
included in an Event Notice or an Annual Report;
(iii) maintain filing records of Event Notices of ListedEvents and Annual Reports filed on the
EMMA system;
(iv) keep informed regarding all of the County’s public disclosures, including disclosures to
Bond Insurers, Credit Facility Providers, Rating Agencies, Trustees, and CDIAC;
(v) document the County’s continuing disclosure filings by retaining the documents set forth
in Article VIII hereof; and
(vi) take such other action as may be necessary or useful to achieve the objectives of these
Procedures and to comply with all applicable federal securities laws.
(B) In addition to the duties set forth above in Section (A) above, the Disclosure Coordinator
shall review the Listed Events regularly to determine whether an event has occurred that may require a
filing of an Event Notice.
ARTICLE IV
LISTED EVENTS REQUIREMENTS
Section 1. General.
(A) The Continuing Disclosure Certificates entered into by the County or the Authority with
respect to Bonds are subject to the following listed events requirements:
(i) Continuing Disclosure Certificates entered into prior to December 1, 2010 require Event
Notices to be filed upon the occurrence of any event listed in Section 2 of Article IV
hereof, if material. Any such Event Notice shall be filed “in a timely manner”.
(ii) Continuing Disclosure Certificates entered into on or after December 1, 2010 through
February 26, 2019 require Event Notices to be filed upon the occurrence of any event listed
in Section 3 of Article IV hereof no later than 10 business days after the occurrence of such
Listed Event.
(iii) Continuing Disclosure Certificates entered into on or after February 27, 2019 require Event
Notices to be filed upon the occurrence of any event listed in Section 4 of Article IV hereof
no later than 10 business days after the occurrence of such Listed Event.
Section 2. Listed Events for Bonds Issued Prior to December 1, 2010.
(A) For Bonds issued prior to December 1, 2010, pursuant to the provisions of the
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applicable Continuing Disclosure Certificate, the County or Authority shall give, or cause to be given,
notice of the occurrence of any of the following events with respect to the outstanding obligation, if
material, in a timely manner:
(i) principal and interest payment delinquencies;
(ii) non-payment related defaults;
(iii) unscheduled draws on debt service reserves reflecting financial difficulties;
(iv) unscheduled draws on any credit enhancements reflecting financial difficulties;
(v) substitution of any credit or liquidity providers, or their failure to perform;
(vi) adverse tax opinions or events affecting the tax-exempt status of the securities;
(vii) modifications to the rights of security holders;
(viii) bond calls;
(ix) defeasances;
(x) release, substitution, or sale of property securing repayment of the securities; and
(xi) rating changes.
Section 3. Listed Events for Bonds Issued on and after December 1, 2010 through
February 26, 2019.
(A) For Bonds issued on or after to December 1, 2010 through February 26, 2019, pursuant to
the provisions of the applicable Continuing Disclosure Certificate, the County or Authority shall give, or
cause to be given, notice of the occurrence of any of the following Listed Events within ten (10) business
days of the occurrence thereof:
(i) principal and interest payment delinquencies;
(ii) non-payment related defaults, if material;
(iii) unscheduled draws on debt service reserves reflecting financial difficulties;
(iv) unscheduled draws on credit enhancements reflecting financial difficulties;
(v) substitution of credit or liquidity providers, or their failure to perform;
(vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other
material notices or determinations with respect to the tax status of the security, or other
material events affecting the tax status of the security;
(vii) modifications to rights of security holders, if material;
354
7
(viii) bond calls, if material, and tender offers;
(ix) defeasances;
(x) release, substitution, or sale of property securing repayment of the securities, if material;
(xi) rating changes;
(xii) bankruptcy, insolvency, receivership or similar event of the obligated person (Note: For
the purposes of this event, the event is considered to occur when any of the following
occur: The appointment of a receiver, fiscal agent or similar officer for an obligated
person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under
state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such
jurisdiction has been assumed by leaving the existing governing body and officials or
officers in possession but subject to the supervision and orders of a court or governmental
authority, or the entry of an order confirming a plan of reorganization, arrangement or
liquidation by a court or governmental authority having supervision or jurisdiction over
substantially all of the assets or business of the obligated person);
(xiii) the consummation of a merger, consolidation, or acquisition involving an obligated person
or the sale of all or substantially all of the assets of the obligated person, other than in the
ordinary course of business, the entry into a definitive agreement to undertake such an
action or the termination of a definitive agreement relating to any such actions, other than
pursuant to its terms, if material;
(xiv) appointment of a successor or additional trustee or the change of name of a trustee, if
material.
Section 4. Listed Events for Bonds Issued on and after February 27, 2019.
(A) For Bonds issued on or after to February 27, 2019, pursuant to the provisions of the
applicable Continuing Disclosure Certificate, the County or Authority shall give, or cause to be given,
notice of the occurrence of any of the following Listed Events within ten (10) business days of the
occurrence thereof:
(i) principal and interest payment delinquencies;
(ii) non-payment related defaults, if material;
(iii) unscheduled draws on debt service reserves reflecting financial difficulties;
(iv) unscheduled draws on credit enhancements reflecting financial difficulties;
(v) substitution of credit or liquidity providers, or their failure to perform;
(vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other
material notices or determinations with respect to the tax status of the security, or other
material events affecting the tax status of the security;
355
8
(vii) modifications to rights of security holders, if material;
(viii) bond calls, if material, and tender offers;
(ix) defeasances;
(x) release, substitution, or sale of property securing repayment of the securities, if material;
(xi) rating changes;
(xii) bankruptcy, insolvency, receivership or similar event of the obligated person (Note: For
the purposes of this event, the event is considered to occur when any of the following
occur: The appointment of a receiver, fiscal agent or similar officer for an obligated
person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under
state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such
jurisdiction has been assumed by leaving the existing governing body and officials or
officers in possession but subject to the supervision and orders of a court or governmental
authority, or the entry of an order confirming a plan of reorganization, arrangement or
liquidation by a court or governmental authority having supervision or jurisdiction over
substantially all of the assets or business of the obligated person);
(xiii) the consummation of a merger, consolidation, or acquisition involving an obligated person
or the sale of all or substantially all of the assets of the obligated person, other than in the
ordinary course of business, the entry into a definitive agreement to undertake such an
action or the termination of a definitive agreement relating to any such actions, other than
pursuant to its terms, if material;
(xiv) appointment of a successor or additional trustee or the change of name of a trustee, if
material.
(xv) incurrence of a financial obligation of the issuer or obligated person, if material, or
agreement to covenants, events of default, remedies, priority rights, or other similar terms
of a financial obligation of the issuer or obligated person, any of which affect security
holders, if material.
(xvii) default, event of acceleration, termination event, modification of terms, or other similar
events under the terms of the financial obligation of the issuer or obligated person, any of
which reflect financial difficulties.
356
9
ARTICLE V
ANNUAL REPORT REQUIREMENTS
Section 1. General
Pursuant to the various Continuing Disclosure Certificates, the County and the Authority is
required to provide its respective Annual Report with respect to an issue of Bonds by the date set forth in
Exhibit B attached hereto. The Disclosure Coordinator shall commence collection of information for each
Annual Report at such time as determined necessary or useful in order to timely complete and file the
Annual Report. The Disclosure Coordinator shall obtain any information necessary to be included in an
Annual Report that is not included in the County’s audited financial statements and is necessary to make
the statements contained in the Annual Report not misleading in any material respect. The Annual Report
shall include the financial information and other operating data set forth in the respective Continuing
Disclosure Certificate as summarized in Exhibit B attached hereto.
Section 2. Financial Statements
In accordance with the Continuing Disclosure Certificates, if audited financial statements are not
available by the date the Annual Report is required to be filed, unaudited financial statements are to be
included in such Annual Reports and audited financial statements shall be filed when such statements
become available. In addition, the Continuing Disclosure Certificates require the County to file a notice of
any failure to provide its Annual Report, on or before the date specified in a Continuing Disclosure
Certificate.
ARTICLE VI
FILING AND NOTICE REQUIREMENTS
Section 1. Annual Reports and Event Notices.
The Disclosure Representative shall file each Annual Report on such dates as provided in Exhibit
B attached hereto and shall file each Event Notice as required pursuant to Article III hereof and the related
Continuing Disclosure Certificate. The Disclosure Representative shall submit all filings of Annual
Reports and Listed Events through EMMA or any other repository so designated by the MSRB or the
SEC, unless the County is otherwise advised by a written opinion of Disclosure Counsel.
Section 2. California Debt and Investment Advisory Commission.
The Disclosure Representative shall file each periodic report required to be prepared and filed
with CDIAC as set forth in statute. This includes, but is not limited to, annual Self-Certifications for direct
pay bonds allocated to the County by the State and reports required pursuant to Senate Bill 1029 (Chapter
307, Statutes of 2016) and any subsequent or successor legislation.
Section 3. Required Notices.
The Disclosure Representative shall file any notice required to be given to any Bond Insurer,
Credit Facility Provider, Paying Agent, Rating Agency or Trustee as may be required from time to time.
357
10
ARTICLE VII
VOLUNTARY DISCLOSURES
The Disclosure Representative may determine to file voluntary disclosure or information that is
not required under the Continuing Disclosure Certificates. The County shall have no obligation to update
any voluntary disclosure or information.
ARTICLE VIII
RECORD RETENTION POLICY
Section 1. General
In accordance with Article III hereof, the Disclosure Coordinator shall maintain the following
documents for the term of each issue of Bonds (including refunding Bonds, if any) plus seven years, or
longer if contemplated by a Tax Certificate for a specific issuance.
Section 2. Refunded Issuances
For refunded bonds, documentation relating to the original issuance and all material records
related to the refunding issue should be maintained until seven years, or more if required by a Tax
Certificate, after the final redemption of both bond issues.
Section 3. Documents to be Retained
(A) At a minimum, the following documentation shall be retained for the durations identified
in Sections 1 and 2 of this Article VIII:
(i) Continuing Disclosure Certificate:
(ii) Annual Reports, including any EMMA transmittal letters and filing receipts;
(iii) Event Notices, including any EMMA transmittal letters and filing receipts;
(iv) CDIAC transmittal letters and filing receipts, including those related to filing of
Annual Debt Transaction Reports (ADTRs), pursuant to Senate Bill 1029 (Chapter
207, Statutes of 2016);
(v) Rating Agency reports; and
(vi) Such other information as the Disclosure Representative determines necessary or useful in
accordance with the Continuing Disclosure Certificates.
Section 4. Department Retention Policies Superseded
This countywide record retention policy related to the County’s debt management program
supersedes any departmental document retention policies that may relate to the records indicated above.
358
EXHIBIT A: COUNTY AND AUTHORITY OUTSTANDING DEBT as of August 30, 2023
Name of Issue Issuing Entity Principal Amount Date of Issue
Final Maturity
Date
CUSIP for Final
Maturity
Trustee or
Paying
Agent
Annual
Report
Due Date
Disclosure
Representative
Disclosure
Coordinator
Lease Revenue Bonds/Obligations:
Lease Revenue Bonds, 2021 Series B (Refunding)
County of Contra Costa
Public Financing Authority $ 33,880,000 3/18/2021 6/1/2038 21226PPW2
Wells
Fargo 3/31
County Finance
Director
Chief Asst.
CAO
Lease Revenue Bonds, 2021 Series A (Capital Projects)
County of Contra Costa
Public Financing Authority $ 63,540,000 3/18/2021 6/1/2041 21226PPD4
Wells
Fargo 3/31
County Finance
Director
Chief Asst.
CAO
Lease Revenue Bonds, 2017 Series B (Capital Projects)
***Private Placement***
County of Contra Costa
Public Financing Authority $ 100,285,000 5/26/2017 6/1/2032 N/A
Wells
Fargo N/A
County Finance
Director
Chief Asst.
CAO
Lease Revenue Bonds, 2017 Series A (Refunding and
Capital Projects) ***Private Placement***
County of Contra Costa
Public Financing Authority $ 99,810,000 3/3/2017 6/1/2027 21226PNH7
Wells
Fargo N/A
County Finance
Director
Chief Asst.
CAO
Lease Revenue Bonds, 2015 Series A (Capital Projects) and
2015 Series B (Refunding)
County of Contra Costa
Public Financing Authority $ 71,150,000 8/25/2015
6/1/2035 (A)
6/1/2028 (B)
21226PLV8 (A)
21226PMJ4 (B)
Wells
Fargo 3/31
County Finance
Director
Chief Asst.
CAO
Tax Allocation Bonds:
Tax Allocation Refunding Bonds, Series 2017A,
$49,530,000
Successor Agency to the
Contra Costa County
Redevelopment Agency 49,530,000$ 8/16/2017 8/1/2036 212263AM9 US Bank 3/31 DCD Director
Affordable
Housing
Program
Manager
Taxable Tax Allocation Refunding Bonds, Series 2017B,
$23,095,000
Successor Agency to the
Contra Costa County
Redevelopment Agency 23,095,000$ 8/16/2017 8/1/2025 212263AV9 US Bank 3/31 DCD Director
Affordable
Housing
Program
Manager
Special Assessment Districts:
2013 Special Tax Refunding Bonds (Norris Canyon),
$5,605,000
County of Contra Costa
Community Facilities
District No. 2001-1 5,605,000$ 1/24/2013 9/1/2031 212288CT9
BNY
Mellon 3/31 DCD Director
Affordable
Housing
Program
Manager
A-1
359
As of August 30, 2023
- B-1 -
EXHIBIT B:
REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY
Issue Description
Due
Date
Filing Requirements
Lease Revenue Bonds:
County of Contra Costa Public
Financing Authority Lease Revenue
Bonds, $97,420,000 consisting of
$63,540,000 2021 Series A (Capital
Projects) and $33,880,000 2021 Series
B (Refunding)
Nine
months
after
FYE
6/30
(3/31)
(a) The audited financial statements of the County for the prior fiscal year, prepared in accordance with generally accepted accounting
principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the County’s
audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall
contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited
financial statements shall be filed in the same manner as the Annual Report when they become available.
(b) A maturity schedule for the outstanding 2021 Bonds.
(c) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement under the following
captions:
1. Table B-1–“County of Contra Costa General Fund Budget Summary;”
2. Table B-3–“County of Contra Costa Summary of Secured Assessed Valuations and Ad Valorem Property Taxation;”
3. Table B-6–“County of Contra Costa General Fund Statement of Revenues, Expenditures and Changes in Fund Balances;”
4. Table B-9–“Contra Costa County Outstanding Lease Revenue Obligations and Pension Obligation Bonds”).
(d) In addition to any of the information expressly required to be provided under Sections 4(a) and 4(b), the County shall provide such other
information, if any, necessary to the required statements, in light of the circumstances under which they were made, not misleading.
(e) The presentation and format of the Annual Report may be modified from time to time as determined in the judgment of the County to conform to
changes in accounting or disclosure principles or practices and legal requirements followed by or applicable to the County to reflect changes in the
business, structure, or operations of the County; provided that any such modifications shall comply with the requirements of the Rule.
(f) Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the
County or related public entities, which, have been made available to the public on the MSRB website. The County shall clearly identify each such
other document so included by reference.
County of Contra Costa Public
Financing Authority Lease Revenue
Bonds, $71,115,000 consisting of
$19,055,000 2015 Series A (Capital
Projects) and $52,060,000 2015 Series
B (Refunding)
Nine
months
after
FYE
6/30
(3/31)
(a) The audited financial statements of the County for the prior fiscal year, prepared in accordance with generally accepted accounting principles as
promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the County’s audited
financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain
unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial
statements shall be filed in the same manner as the Annual Report when they become available.
(b) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement under the following
captions:
1. The status of the construction and installation of the improvement constituting the 2015 Project, until such time as the 2015 Project is completed;
2. Report of changes in “DEBT SERVICE SCHEDULE;”
3. Table B-1–“County of Contra Costa General Fund Budget Summary;”
4. Table B-2–“County of Contra Costa Summary of Secured Assessed Valuations and Ad Valorem Property Taxation;”
360
As of August 30, 2023
- B-2 -
EXHIBIT B:
REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY
Issue Description
Due
Date
Filing Requirements
5. Table B-5–“County of Contra Costa General Fund Statement of Revenues, Expenditures and Changes in Fund Balances;”
6. Table B-8–“Contra Costa County Employees’ Retirement Association Schedule of Funded Status;”
7. Table B-16–“Contra Costa County Other Post Employment Benefit Plan Summary of Contributions;” and
8. Table B-19–“Contra Costa County Outstanding Lease Revenue Obligations and Pension Obligation Bonds”).
(c) In addition to any of the information expressly required to be provided under Sections 4(a) and 4(b), the County shall provide such other
information, if any, necessary to the required statements, in light of the circumstances under which they were made, not misleading.
(d) The presentation and format of the Annual Report may be modified from time to time as determined in the judgment of the County to conform to
changes in accounting or disclosure principles or practices and legal requirements followed by or applicable to the County to reflect changes in the
business, structure, or operations of the County; provided that any such modifications shall comply with the requirements of the Rule.
(e) Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the
County or related public entities, which, have been made available to the public on the MSRB website. The County shall clearly identify each such
other document so included by reference.
361
As of August 30, 2023
- B-3 -
EXHIBIT B:
REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY
Issue Description
Due
Date
Filing Requirements
Tax Allocation Bonds:
Tax Allocation Refunding Bonds,
Series 2017A (Tax-Exempt),
$49,530,000, Series 2017B (Taxable),
$23,095,000
Nine
months
after
FYE
6/30
(3/31)
(a) The audited financial statements of the Successor Agency for the prior fiscal year, prepared in accordance with generally accepted accounting
principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the audited
financial statements of the Successor Agency are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the
Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement,
and the audited financial statements shall be filed in the same manner as the Annual Report when they become available.
(b) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement as follows:
(i) Aggregate assessed values, incremental values, and projected Tax Revenues for the Project Areas;
(ii) Assessed values for the Ten Largest Property Taxpayers in the Project Areas substantially in the form of Table 8 of the Official Statement;
(iii) Information about each resolved and/or open appeal of assessed values in the Project Areas that exceeds 5% of the aggregate assessed value of
the Project Areas substantially in the form of Table 9 of the Official Statement;
(iv) The outstanding principal amount, debt service schedule, and debt service coverage ratios for the Series 2017 Bonds, and any outstanding
Parity Debt secured by Tax Revenues; and
(v) The balance in the Reserve Account, if a municipal debt service reserve insurance policy is not deposited into the Reserve Account.
(c) In addition to any of the information expressly required to be provided under Sections 4(a) and 4(b), the Successor Agency shall provide such
other information, if any, necessary to make the required information, in light of the circumstances under which they were made, not misleading.
(d) The presentation and format of the Annual Report may be modified from time to time as determined in the sole judgment of the Successor
Agency to conform to changes in accounting or disclosure principles or practices and legal requirements followed by or applicable to the Successor
Agency to reflect changes in the business, structure, or operations of the Successor Agency; provided that any such modifications shall comply with
the requirements of the Rule.
(e) Any or all of the items listed in this Section 4 may be included by specific reference to other documents, including official statements of debt
issues of the Successor Agency or related public entities, which have been made available to the public on the MSRB website. The Successor
Agency shall clearly identify each such other document so included by reference.
Special Assessment Districts:
2013 Special Tax Refunding Bonds,
$5,605,000
Nine
months
after
FYE
6/30
(3/31)
(a) The audited financial statements of the County for the prior fiscal year prepared in accordance with generally accepted accounting principles in
effect from time to time by the Governmental Accounting Standards Board to apply to governmental entities. If the audited financial statements are
not available by the time the Annual Disclosure Report is required to be filed pursuant to
Section 3(a), the Annual Disclosure Report shall contain unaudited financial statements in a format similar to the financial statements contained in
the Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Disclosure Report when they become
available.
362
As of August 30, 2023
- B-4 -
EXHIBIT B:
REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY
Issue Description
Due
Date
Filing Requirements
(b) The following information with respect to the 2013 Bonds and the District:
1. The principal amount of the 2013 Bonds outstanding.
2. The balances of all funds and accounts established by the Fiscal Agent Agreement as of the end of the next preceding fiscal year.
3. Total assessed value of all parcels subject to the Special Tax.
4. Actual Special Tax levy for the most recent fiscal year, Special Tax and property tax delinquency rate for parcels in the District for the most
recent year.
5. Concerning delinquent parcels:
(i) number of parcels delinquent in payment of Special Tax,
(ii) amount of total delinquency and as a percentage of total Special Tax levy, and
(iii) status of the County’s foreclosure proceedings upon delinquent properties.
6. Identity of any delinquent tax payer obligated for more than 10% of the annual Special Tax levy and:
(i) assessed value of applicable properties, and
(ii) summary of results of foreclosure sales, if available.
7. Significant amendments to land use entitlements for property in the District known to the Director of the Department of Conservation and
Development.
8. Status of any significant legislative, administrative, and judicial challenges to the construction of the development in the District known to the
Director of the Department of Conservation and Development, without independent inquiry, for any year in which construction activity has
occurred in the District.
363
CONTRA COSTA COUNTY
FINANCING POLICIES FOR
COMMUNITY FACILITIES DISTRICTS
APPENDIX 4
364
TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................................................
SECTION I: GENERAL POLICY STATEMENT .................................................................................................... 1
A. Community Facilities District Financings .......................................................................................... 1
B. Eligible Facilities ................................................................................................................................ 2
C. Eligible Services ................................................................................................................................. 2
SECTION II: INITIATION OF THE FINANCING ................................................................................................. 2
A. Application ........................................................................................................................................ 2
B. Processing and Formation Fees ........................................................................................................ 3
C. Petition for Formation and Waiver of Time Requirements of the Election ...................................... 4
D. Selection of the Financing Team ....................................................................................................... 4
SECTION III: DEBT AFFORDABILITY ADVISORY COMMITTEE ......................................................................... 5
SECTION IV: ECONOMIC VIABILITY OF THE FINANCING................................................................................ 6
A. Absorption Study .............................................................................................................................. 6
B. Appraisal ........................................................................................................................................... 7
C. Financial Information Required of Applicant .................................................................................... 8
D. Potential Third Party Guarantee of Special Tax Payments During Project Development ................ 9
E. Land Use Approvals ........................................................................................................................... 9
F. Equity Participation by Applicant and Major Participants .............................................................. 10
SECTION V: REVENUE SUPPORTING THE FINANCING ................................................................................. 10
SECTION VI: STRUCTURING THE FINANCING .............................................................................................. 11
A. Limited Obligations of the County .................................................................................................. 12
B. Structuring of Debt Service ............................................................................................................. 12
C. Reserve Funds ................................................................................................................................. 12
D. Capitalized Interest ......................................................................................................................... 12
E. Foreclosure Covenant ..................................................................................................................... 12
F. Underwriter and Original Issue Discount ........................................................................................ 13
SECTION VII: AGREEMENTS WITH AFFECTED PUBLIC ENTITIES .................................................................. 13
A. County Initiated CFD Financings ..................................................................................................... 13
B. CFD Financings Not Initiated by the County ................................................................................... 14
APPENDIX 4
365
SECTION VIII: CREDIT ENHANCEMENTS ...................................................................................................... 15
SECTION IX: OFFERING STATEMENTS AND DISCLOSURE ............................................................................ 15
SECTION X: ADMINISTRATION .................................................................................................................... 16
A. Debt Administration ........................................................................................................................ 16
B. Notice to Future Property Owners ................................................................................................. 16
C. Annual Reporting ............................................................................................................................ 17
SECTION XI: REFUNDINGS ........................................................................................................................... 17
SECTION XII: AMENDMENTS AND EXCEPTIONS .......................................................................................... 18
APPENDIX 4
366
SECTION I: GENERAL POLICY STATEMENT
Contra Costa County (the "County") has created these goals and policies concerning the use of the Mello-
Roos Community Facilities Act of 1982 (Government Code sections 53311 and following), as amended
(the “Act”) in providing adequate public services and public infrastructure improvements (the "Policies").
The Policies will apply to all Community Facilities Districts (“CFDs”) and related debt financing. In those
cases in which fixed lien special assessment or other types of land based financing is substituted for CFD
financing, the County will apply the appropriate provisions of these Policies. These Policies are intended
to serve as guidelines to assist all concerned parties in determining the County's approach to CFD financing,
provide specific guidance for approval of public financing for provision of public services and public
infrastructure improvements and establish the standards and guidelines for the review of proposed
development financings. It is the County's intent to support projects which address a public need and provide
a public benefit. These Policies are also designed to comply with Section 53312.7(a) of the Government
Code.
A. Community Facilities District Financings
1. The County encourages the development of residential, commercial and industrial property
consistent with the adopted General Plan. The Board of Supervisors will consider the use of CFDs
to assist these types of projects.
2. The County will consider the funding of services permitted under the Act if such funding does not
create an unreasonable economic burden on the land and special taxpayers.
3. The County encourages the formation of CFDs as acquisition districts. In acquisition districts, a
developer is reimbursed for projects only when discrete, useable public facilities are deemed by the
County to be completed. In construction districts, to the extent permitted under the Act, developers
are provided progress payments during the construction of facilities. Acquisition districts provide
stronger credit features, and better assure that the public facilities are completed.
4. While recognizing that public facilities proposed to be financed by a CFD are to benefit those
properties within the boundaries of the proposed CFD, the Board of Supervisors finds that public
benefit can only be "significant" when the benefit is also received by the community at large or are
regional in nature but have a benefit to the properties within the proposed CFD.
5. The use of CFDs will be permitted to finance public facilities as described in Paragraph B below,
whose useful life will be at least five (5) years and equal to or greater than the term of the bonds.
Facilities which are, upon completion, owned, operated or maintained by public agencies will be
considered public facilities. Limited exceptions may be made for facilities to be owned, operated
or maintained by private utilities, or for facilities which could be owned by public agencies, or
utilities.
6. The County is concerned that the proposed project that is to be financed is not premature for the
area in which it is to be located. The proposed project must meet the land use approvals listed in
subsection E of Section IV below.
7. Extending public financing to a proposed project for identified public improvements cannot be
APPENDIX 4
367
done without considering the aggregate public service needs for the project. Upon receipt of an
application for public financing, the County will notify the other public entities having
responsibility to serve the proposed project and request comment on the application. Periodic
meetings, on a regional basis, with all affected public entities will be encouraged by the County to
address the issues relative to overlapping debt
8. The Debt Affordability Advisory Committee (described in Section III below) may waive all or
some of the provisions of these policies if unique and special circumstances apply to specific
CFD financings.
B. Eligible Facilities
Facilities eligible to be financed by a CFD, upon completion of the construction or acquisition thereof, are
intended to be owned by the County, another public agency or a public utility and must have a useful life
of five (5) years or more. The list of public facilities eligible to be financed by a CFD may include, but is
not limited to the following: streets, highways, and bridges; water, sewer, and drainage facilities; parks;
libraries; police and fire stations; traffic signals and street lighting; recreation facilities; governmental
facilities; flood control facilities; environmental mitigation measures; and public rights-of-way
landscaping.
Facilities to be financed must be legally eligible under the Act and federal tax law, if applicable, to the
satisfaction of bond counsel. The Board of Supervisors will have the final determination as to the eligibility
of any facility for financing under these Policies.
C. Eligible Services
Services eligible to be funded through a CFD include: police protection services, fire protection and
suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways,
streets, roads and open space, flood and storm protection services, and services with respect to the removal
or remedial action for the cleanup of any hazardous substance released or threatened to be released in to the
environment. The Board of Supervisors will have the final determination as to the prioritization of funding
such services. A CFD may not finance public services already provided by a public agency.
SECTION II: INITIATION OF THE FINANCING
A. Application
The proponent of a project must obtain and submit the required application to the initiating County
department. The initiating County department with respect to CFD financings is the Department of
Conservation and Development (the “Department”).
Any application for the establishment of a CFD district will contain such information and be submitted in
such form as the Department may require. At a minimum each application must contain:
APPENDIX 4
368
1. Proof of authorization to submit the application on behalf of the owner of the property proposed
for new development for which the application is submitted if the applicant is not the owner of such
property;
2. Evidence satisfactory to the Department that the applicant represents or has the consent of the
owners of not less than 67% by area, of the property proposed to be subject to the levy of the special
tax; and
3. For any CFD financing to benefit new development, a business plan for the development of the
property within the proposed CFD and such additional information as the Department may deem
necessary to adequately review the financial feasibility of the CFD. For any CFD financing to
benefit new development, the applicant must demonstrate to the satisfaction of the Department the
ability of the owner of the property to be developed to pay the special tax installments for the CFD
and any other assessments, special taxes and ad valorem on such property until full build out and
sale or lease up of the property.
An application must be completed and the necessary information provided, as determined by the
Department, before any action will be taken to process the application and initiate financing for a project.
B. Processing and Formation Fees
Applications are to be accompanied by a processing or formation fee. All costs to t he County associated
with the proceedings statutorily required to establish a CFD are to be advanced by the applicant and paid
prior to the actual sale of any bonds. The applicant will be reimbursed solely from the proceeds of the bonds
sold for all monies advanced to the extent allowed by the Act.
An initial deposit in an amount of not less than $35,000 for a CFD is to be attached to the completed
application submitted. The Department, in its discretion, may determine a larger deposit amount is
appropriate. The deposit will be placed in a separate trust account held by the County. The deposit may
be placed in an interest bearing account so long as it is directed to do so by the Board of Supervisors
and is allowable under state law. All costs of the County and/or its consultants retained during the
formation process are to be paid from this account.
If, in the judgment of the Department, the costs incurred or projected will cause the balance in this
account to fall below $5,000, a written demand will be made to the applicant to advance monies
sufficient to bring the account to a balance that is projected to meet remaining costs required to
establish the CFD. Failure to advance the requested monies within ten (10) days of a written demand by
the County will result in all processing of the application to cease and no further actions to be taken toward
establishing the financing district until the monies have been received.
Monies held in the trust account are to be applied to pay the County and its staff in reviewing and processing
the application as well as the costs of the special tax consultant, bond counsel, appraiser, absorption
consultant, all publication expenses, and any other costs determined by the County to be necessary to
establish the CFD.
Accompanying the application will be an agreement governing the processing or formation fee, its deposit
in a trust account, the use of the monies, the return to the applicant of any unused portion of the fee or other
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monies advanced, and the possible reimbursement of monies advanced from bond proceeds.
C. Petition for Formation and Waiver of Time Requirements of the Election
The Mello-Roos Community Facilities Act of 1982, as amended, (the "Act") states that one way to request
the formation of a proposed community facilities district is through a Petition signed by landowners holding
title to ten percent (10%) of the land by area expected to be included within the proposed community
facilities district. The Petition must be submitted to the County before formal action can be commenced to
form the CFD. The form of the petition will be supplied by bond counsel once a completed application has
been received and initial processing has been accomplished.
The Act also provides that the formation can be shortened if one hundred percent (100%) of the property
owners within the proposed boundaries of the CFD execute a waiver regarding the timing of and certain
procedures associated with arequired special election. The applicant should indicate on the application
whether this waiver can be secured.
D. Selection of the Financing Team
The County will select the bond counsel, municipal advisor, underwriter or placement agent, and fiscal
agent/trustee. It will require the retention of underwriter's counsel or disclosure counsel. Providers of letters
of credit, liquidity supports and other types of credit enhancements are also subject to the approval of the
County. Bond counsel and underwriter counsel must be different firms.
In addition to the consultants that compose the financing team, as noted above, the County will select a
special tax consultant to determine a fair and reasonable method to allocate the special tax required to meet
debt service on the bonds and other related expenses of the proposed CFD.
Unless satisfactory and current information regarding land values for property within the proposed
CFD and subject to the special tax is available, the County will require that a real estate appraiser of
its choice be retained and an appraisal made. Additionally, an economist or real estate appraiser or
other qualified independent third party may also be retained for the purpose outlined in Section IV.A.
In addition, the County reserves the right to retain additional professional consultants that it deems
appropriate.
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SECTION III: DEBT AFFORDABILITY ADVISORY COMMITTEE
The Board of Supervisors established the Debt Affordability Advisory Committee (the “Committee”) to
review issues relevant to capital markets transactions and to make recommendations to the Board of
Supervisors when appropriate. The Committee will be comprised of the County Auditor-Controller, the
County Treasurer-Tax Collector, Director of the Department of Conservation and Development, and the
Senior Deputy County Administrator/Finance Director. The Committee is charged with the task of
reviewing and commenting upon all CFD financing as well as other types of financing proposed to be issued
by the County or its related districts or agencies. The Committee is to review each proposed debt issue and
provide comment on whether the proposed debt issue is consistent with these Policies. It is to comment on
the economic viability and credit worthiness of the proposed debt issue. In performing its function the
Committee may, in its sole discretion, review a matter more than once and retain additional consultants t o
assist in its review. The cost of such consultants is to be borne by the proponent of the debt issue. In addition,
the Committee has an ongoing responsibility to monitor the status of debt issued by the County or related
districts or agencies.
A written summary of the Debt Affordability Advisory Committee's review of the proposed financing is to
be prepared and submitted to the Board of Supervisors after it considers the financing. The written summary
will state the issues considered by the Committee, whether the financing and the issues considered were
consistent with or at variance with these Policies, and its recommendation with regard to each issue and the
financing. If the vote of the Committee is not unanimous, the written summary is to so indicate and
summarize the position taken by the minority members of the Committee.
The following are those matters which at minimum the Debt Affordability Advisory Committee is to review
and comment upon with regard to the CFD financings.
1. Prior to the Board of Supervisors considering the resolution of intention to establish a CFD, the
Department is to determine that all land use approvals required for the project under Section IV.E.
have been fulfilled and that the proposed rate and method of apportionment of the special tax is
consistent with Section V.A. of these Policies. Any variation from these Policies is to be noted and
a recommendation made to the Board of Supervisors with regard thereto.
2. Prior to the Board of Supervisors considering the resol ution authorizing the sale and issuance of
bonds, the Debt Affordability Advisory Committee is to determine that:
a) A current appraisal and any related absorption study have been prepared consistent with
Section IV.A. and IV.B of these Policies and that satisfactory land value to lien ratios exist.
b) Each property owner responsible for twenty percent (20%) or more of the debt service on the
bonded indebtedness to be incurred has supplied the financial security required by Section
IV.C. and IV.D. of these Policies.
c) The rate and method of apportionment of the special tax is in compliance with Section V.A. of
these Policies.
d) The structure of the proposed financing is consistent with the applicable subsections of Section
VI of these Policies.
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e) Each property owner responsible for 20% or more of the debt service in connection with any
series of bonds must be current with respect to payment of all general property taxes, and any
assessments or special taxes levied.
As stated above, any variation from these Policies is to be noted and a recommendation made to the Board
of Supervisors with regard thereto. In addition, the Debt Affordability Advisory Committee is to make any
comment it deems relevant in determining the economic viability or credit worthiness of the proposed debt
issue. The Committee is to make a recommendation to the Board of Supervisors as to whether or not to
proceed with the sale and issuance of the bonds.
If the proposed financing contemplates that bonds are to be issued in series, then each series is to be
reviewed and commented upon by the Debt Affordability Advisory Committee before that series of bonds
is considered by the Board of Supervisors for issuance.
Any proposal for refunding or defeasing a particular CFD financing is to be reviewed for consistency with
Section XI of these Policies and commented on by the Debt Affordability Advisory Committee prior to it
being submitted to the Board of Supervisors for consideration.
Once issuance of bonds has been approved by the Board of Supervisors and the bonds have been sold, the
County department or related district or agency having responsibility for the administration of the bond
issue is to annually file with the State and the Auditor Controller of the County a report regarding the status
of the bond financing. The occurrence of a technical default, or the likelihood thereof, is to be reported
immediately to the Auditor Controller of the County by the administering County department or related
district or agency.
SECTION IV: ECONOMIC VIABILITY OF THE FINANCING
In evaluating the application and the proposed debt issue, the County may require any or all of the following
to determine the economic viability of the proposed project and the timing of the sale of any bonds or series
thereof. The following requirements would apply to a CFD to finance services only to the extent determined
by the Department.
A. Absorption Study
Unless waived by the Debt Affordability Advisory Committee, an absorption study of anyproposed project
for substantially undeveloped property will be required for CFD financings. The absorption study will be
used: (1) as a basis to verify proposed base pricing of the finished products (lots or completed buildings or
dwelling units) subject to the levy of the special tax; (2) to determine the projected market absorption of
such finished products and (3) as a basis for verification that the assumptions supporting the special tax
formula are appropriate and sufficient revenues can be collected to support the bonded indebtedness to be
incurred.
The absorption study will also be used to evaluate the timing consideration identified by the applicant and
the financing team. The absorption study will be provided to the appraiser and the appraisal required below
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in Section IV.B. is to reflect consideration of the absorption study.
B. Appraisal
1. Definition of Appraisal
An appraisal is a written self-contained report independently and impartially prepared by
a qualified appraiser setting forth an opinion of defined value of an adequately described property to be
included in a CFD as of a specific date, supported by the presentation and analysis of relevant market
information. A qualified appraiser is a state certified real estate appraiser, as defined in Business and
Professions Code Section 11340.
2. Standards of Appraisal
A detailed complete appraisal will be prepared to support any CFD financing where the property to be
included in the CFD is not substantially built out. A detailed complete appraisal will reflect nationally
recognized appraisal standards including, to the extent appropriate, the Uniform Standards of
Professional Appraisal Practice (USPAP) of the Appraisal Foundation, the Code of Professional Ethics
and the Standards of Professional Appraisal Practice of the Appraisal Institute. An appraisal should
also generally conform to the Appraisal Standards for Land - Secured Financings provided by the
California Debt and Investment Advisory Commission ("CDIAC"). Appraisals undertaken to establish
value-to-lien ratios in CFD’s should value the fee simple estate, subject to any existing special
assessment and special tax liens. The estimate of Market Value should be refined to reflect the Retail
Value of fully improved and occupied properties and the Bulk Sale Value of all vacant properties,
including both unimproved properties and improved or partially improved but unoccupied properties.
An appraisal must contain sufficient documentation including valuation data and the appraiser’s
analysis of the data to support his or her opinion of value. At a minimum, the appraisal will contain
the following items:
a) The purpose and/or function of the appraisal, an identification of the property being
appraised, the intended use, the identity of the current and intended uses, and a statement of the
assumptions and limiting conditions affecting the appraisal.
b) An adequate description of the physical characteristics of the property being
appraised, location, General Plan/zoning, present use, and an analysis of highest and best use.
c) Relevant and reliable approaches to value consistent with commonly accepted professional
appraisal practices. If a discounted cash flow analysis is used, it should be supported with at
least one other valuation method, such as a market approach using sales that are at the same
stage of land development, when possible. If more than one approach is utilized, there will be
an analysis and reconciliation of approaches to value that are sufficient to support the
appraiser’s opinion of value.
d) A description of comparable sales, including a description of all relevant physical, legal and
economic factors such as parties to the transaction, source and method of financing, and
verification by a party involved in the transaction.
e) A statement of the value of real property.
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f) The effective date of valuation, date of appraisal, signature and certification of the appraiser.
3. Community Facilities District Appraisal Premises. The valuation of proposed special tax districts
will be based on all of the following three premises:
a) Raw Land Value. (Premise #1). The total land within the project will be valued “as is”:
(i) Without proposed infrastructure being financed or any future private improvements;
(ii) With existing parcel configuration and existing land use entitlements; and
(iii) Considering planned densities allowed by the General Plan, specific plan, zoning or other
project approvals then in effect
This is a typical type of land valuation.
b) Project Build-out value. (Premise #2). The total land within the project is valued under
projected conditions:
(i) With completion of proposed infrastructure being financed;
(ii) At the planned densities allowed by the General Plan, specific plan, zoning or other
approvals then in effect: and
(iii) Land development is at the stage of being marketed to merchant builders or tentative tract
maps ready to be filed.
This is a projected value based on project plans predicated on market conditions continuing as
projected.
c) Bulk Land Value. (Premise #3). The total land within the project is valued under projected
conditions:
(i) With completion of proposed infrastructure being financed;
(ii) With existing parcel configuration; and
(iii) Considering planned densities allowed by the General Plan, specific plan, zoning or other
project approvals then in effect.
This premise should consider a discounted or “quick sale” valuation considering time, costs and
the possibility of a pre unit value based on the total size of the project.
4. Timeliness of Information. To ensure that the opinion of value is current at the time of any bond
sale, the valuation date of the appraisal or an update to the appraisal should be within three months
of the bond sale.
C. Financial Information Required of Applicant
At time of application, the applicant for a CFD debt issue and all property owners owning land within the
boundaries of the proposed financing district that will be responsible for twenty percent (20%) or more of
the debt service on the bonded indebtedness to be incurred will provide financial statements (preferably
audited) for the current and prior two fiscal years. The applicant will also provide all other financial
information related to the proposed project that may be requested by the County.
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Subsequent to the sale and issuance of the bonds, federal and state statutes and/or regulations regarding the
financing may require the preparation of periodic reports. The applicant and all major participants in the
project will be required to provide that information needed to complete such statutorily required reports. In
addition, the County department or related district or agency responsible for the administration of the bonds
may require information of the applicant or the major participants in the project to satisfy reporting demands
of rating agencies or institutional buyers.
D. Potential Third Party Guarantee of Special Tax Payments During Project
Development
The greatest exposure to default on CFD bonds is the period between the issuance of bonds and project
build out. The risk of default is increased when only a single or a few property owners are responsible for
the special assessment or special tax payments that support the repayment of the bonds. While the County’s
credit is not pledged to support the bonds, a default on CFD bonds can negatively impact the investment
community’s perception of the County.
To minimize the risk of default, the County may require a third party guarantee for the annual special tax
payments within a district while the project is being developed and until there is significant absorption of
the new development. The need for, nature and duration of any third party guarantees will be evaluated by
the County and its financing team on a case by case basis If required, the commitment letter for the third
party guarantee must be provided within five days of the Resolution of Issuance and the third party
guarantee must be provided prior to printing the preliminary official statement for the financing.
Third party guarantees may include letters of credit (“LOCs”), surety bonds, or some other mechanism
which assures payment of special taxes while the project is being developed. When LOCs are provided,
they must be in form and substance acceptable to the County from a bank acceptable to the County.
E. Land Use Approvals
For CFD financings the County will require, at a minimum that the proposed project must
1. be consistent with the County's General Plan;
2. be reviewed by the Director of the Department or designee, and have satisfied or be able to
satisfy, all of the relevant land use requirements specified by the Director; and,
3. have had the service levels for the required public facilities established or the exact public
facilities required for the project identified.
A proposed project that requires: (i) a General Plan amendment, (ii) a change of zone that increases the
density or intensity of land use, (iii) a specific plan, or (iv) a specific plan amendment that increases the
density or intensity of land use will be referred to the Department’s Community Development Division
for evaluation as to whether the project is premature.
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An appropriate environmental review of the proposed project is to have been completed as part of land use
entitlement proceedings that will have addressed all of the public facilities that are to be constructed through
the proposed financing.
F. Equity Participation by Applicant and Major Participants
In evaluating the proposed debt issue, the Debt Affordability Advisory Committee will consider the equity
participation of the applicant and the major participants in the proposed project. At the time the application
for the proposed financing is received, an analysis will be made as to the equity interest that the applicant
has in the proposed project. It will also be required of the applicant that in addition to the financing, the
applicant will fund in-tract public infrastructure and may be expected to contribute to other public
improvements related to the proposed project.
SECTION V: REVENUE SUPPORTING THE FINANCING
CFD bonds are termed "limited obligations" whose primary repayment is secured by a special tax levied on
property in the CFD. The following are criteria that will be applied in evaluating the revenue stream that
will be supporting a proposed CFD bond financing.
A. The rate and method of apportionment of the special tax must be both reasonable and equitable in
apportioning the costs of the public facilities and services to be financed to each of the parcels within
the boundaries of the proposed CFD.
B. The rate and method of apportionment must be structured to produce special taxes sufficient to pay
scheduled debt service on all bonds (and provide coverage equal to 10% of debt service - see Section
V.F. below), pay annual services or maintenance expenses (if applicable), establish or replenish any
reserve fund for a bond issue, and pay reasonable and necessary administrative expenses of the CFD .
In addition, the rate and method of apportionment may be structured to produce amounts to pay directly
the costs of public facilities authorized to be financed by the CFD, the accumulation of funds reasonably
required for future debt service, amounts equal to projected deficiencies in special tax payments, any
remarketing, credit enhancement or liquidity fees and any other costs or payments permitted by law.
C. The rate and method of apportionment of the special tax is to provide for the administrative exp enses
of the proposed CFD, including, but not limited to, those expenses necessary for the annual enrollment
and collection of the special tax and bond administration.
D. All property not otherwise exempted by the Act from taxation will be subject to the special tax. The
rate and method of apportionment may provide for exemptions to be extended to parcels that are
publicly-owned, held by property owners associations, used for a public purpose such as permanent
open space or wetlands, or affected by public utility easements making impractical their use for other
than the purposes specified in the easement
E. The annual special tax levy on each residential parcel developed to its final land use will not escalate,
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except that a variation for services and administrative expenses will be allowed. The County will allow
an annual escalation factor, not to exceed two percent (2%) per year, on parcels to be developed for
commercial or industrial uses.
F. The maximum annual special tax, together with ad valorem property taxes, County Service Area
charges, special assessments or taxes for an overlapping financing district, or any other charges, taxes
or fees payable from and secured by the property, including potential charges, taxes, or fees relating to
authorized but unissued debt of public entities other than the County, in relation to the expected assessed
value of each parcel upon completion of the private improvements to the parcel is of great importance
to the County in evaluating the proposed financing.
The objective of the County is to limit the total tax burden, including the ad valorem property taxes
levied by the County, special taxes levied by any existing district for the payment of bonded
indebtedness or ongoing services, assessments levied for any assessment district or maintenance district
for the payment of bonded indebtedness or services and the assigned special tax for the proposed CFD,
on any parcel to a maximum of two percent (2%) of the expected assessed value of the parcel upon
completion of the private improvements. In evaluating whether this objective can be met, the County
will consider the aggregate public service needs for the proposed project. It will consider what public
improvements the applicant is proposing be financed in relation to these aggregate needs and decide
what is an appropriate amount to extend in public financing to the identified public improvements.
G. The total maximum annual special taxes that can be collected from taxable property in a district, taking
into account any potential changes in land use or development density or rate, and less all projected
administrative expenses, must be equal to at least one hundred ten percent (110%) of the gross annual
debt service on any bonds issued by or on behalf of the CFD in each year that said bonds will remain
outstanding.
H. The rate and method of apportionment of the special tax mayinclude a provision for a back up tax or
other assurances to protect against any changes in development that would result in insufficient special
tax revenues to meet the debt service requirements of the CFD. Such backup tax or other assurances
will be structured in such a manner that it will not violate any provisions of the Act regarding cross-
collateralization limitations for residential properties.
I. A formula to provide for the prepayment of the special tax may be provided; however, neither the
County nor the CFD will be obligated to pay for the cost of determining the prepayment amount which
is to be paid by the requesting property owner.
SECTION VI: STRUCTURING THE FINANCING
In structuring a CFD financing, the County and its financing team will insure that the following issues are
addressed in connection with the CFD bond issue.
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A. Limited Obligations of the County
Both the statutory authority providing for the issuance of CFD bonds as well as the proceedings resulting
in the sale and issuance of the bonds must ensure the bonds are limited obligations of the County payable
only from the revenue source identified and do not require the expenditure of the general funds or any other
revenues of the County to satisfy debt service obligations or to replenish any reserve fund established for
the bonds.
B. Structuring of Debt Service
While the County prefers that debt service be structured with approximately level debt service, CFD
financings may be structured with level, escalating, or declining debt service. The bonds must mature
within forty (40) years of the date of the initial bonds issued. No bonds will be issued with a maturity date
greater than the expected useful life of the majority of the facilities being financed.
C. Reserve Funds
The County will require that for CFD financings a reserve fund be established at a required funding level
as determined appropriate by the financing team.
D. Capitalized Interest
Interest will be capitalized for a bond issue only as long as necessary to place the special tax installments
on the assessment roll; provided, however, that interest may be capitalized for a longer term to be
established in the sole discretion of the County on a case by cas e basis, not to exceed an aggregate of 18
months, taking into consideration the value to lien ratio for such bonds, the expected timing of initial
occupancies of residential dwelling units or nonresidential structures within the CFD, expected absorption
and buildout of the property within the applicable Community Facilities District, expected construction and
completion schedule for the facilities to be funded from the proceeds of the bonds, the size of the bond
issue, the development pro forma and the equity position of the applicant and such other factors as the
County may consider relevant.
E. Foreclosure Covenant
In collecting delinquent special taxes, the County seeks to balance the bondholders’ right to receive timely
payment with fairness to property owners within the CFD who, due to extenuating circumstances, may have
difficulty paying their special taxes in a timely manner. Because CFD financings generally are repaid from
special tax receipts and solely secured by liens against property within the CF D, the investment market
expects to see appropriate foreclosure covenants in the CFD bond documents. A foreclosure covenant
would compel the County to take action to file a foreclosure action against a parcel with certain delinquency
thresholds are reached. For example, a covenant may require the County to institute foreclosure if an
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individual delinquency exceeds a certain threshold (e.g., $5,000) or the total amount of delinquencies for
all properties in a CFD exceeds a specified percentage of the total special taxes to be received (e.g., 5%).
Those standards may differ if the reserve fund for the issue remains fully funded.
For each bond issue, the County and its financing team will analyze key aspects of the proposed CFD (e.g.,
number of parcels, special tax rates, and debt service) to structure foreclosure covenants in a manner that
satisfies the bondholders’ need to reduce the likelihood of a shortfall in special taxes to pay debt service
with the desire to provide flexibility in treatment of individual special tax payers.
F. Underwriter and Original Issue Discount
The underwriter's discount will be negotiated and determined solely by the County and will be competitive
with and comparable to such discounts on similar financings being issued by the County and other public
entities. The County will consider any other compensation the underwriter may be receiving in connection
with the bond financing in determining the appropriate amount of the discount.
An original issue discount will be permitted only if it is expected that such discount will result in a lower
true interest cost on the bonds and that, for CFD financings, the use of an original issue discount will not
adversely affect the ability of the CFD to construct public facilities identified by the bond documents.
SECTION VII: AGREEMENTS WITH AFFECTED PUBLIC ENTITIES
A. County Initiated CFD Financings
1. For CFDs, the joint community facilities agreement(s) required with other public entities which
will own, maintain or operate the facilities to be financed must be adopted and approved by all
parties at or prior to the adoption of the resolution providing for the issuance of bonds for the CFD.
2. Should a CFD bond issue be for the construction of public facilities required to be sized to exceed
the service needs of the properties within the boundaries of the financing district, the County may
negotiate the following:
a) To the extent that the affected public entity's regulations allow, a credit against connection fees
or other fees such that the credit will preclude the affected properties from contributing twice
toward the cost of the identified public facilities.
b) To the extent that the affected public entity's regulations allow, a reimbursement for oversized
facilities that will allow the CFD to balance the bonded indebtedness incurred with the level of
benefit the properties are to receive from the public facilities that are to be financed.
c) Any reimbursements for oversizing received from the affected public entity are to be paid to
the CFD and, depending upon date of receipt, will be used either to augment construction
proceeds or to reduce the outstanding bonded indebtedness of the financing district as
determined appropriate by the County.
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B. CFD Financings Not Initiated by the County
An administrative review will be made by the Department of all non-County initiated CFD financings that
will require a joint community facilities agreement with the County to ensure compliance with the following
minimum requirements. Only those financings that do not satisfy these minimum requirements will be
referred to the Debt Affordability Advisory Committee for review and comment.
1. For CFDs containing residential projects, the rate and method of apportionment of the special tax
will not provide for an annually increasing maximum special tax for any residential classification.
However, for commercial and industrial projects within the CFD, the County will accept a
maximum special tax for such classifications that escalates at a rate not to exceed two percent (2%)
per year.
2. For CFDs, the total projected annual special tax revenues, less estimated annual administrative
expenses, must exceed the projected annual gross debt service on the bonds by ten percent (10%).
In structuring the rate and method of apportionment of the special tax, projected annual interest
earnings may also be included as part of the projected annual revenues to satisfy this coverage
requirement. Annual bond reserve fund interest earnings will be calculated at a rate to be
determined by the County but, in no event greater than the then current passbook savings rate.
3. Whether the projected ad valorem property tax and other direct and overlapping debt for the
property within the proposed boundaries of the CFD, including the proposed maximum special tax,
does meet the County's objective of not exceeding two percent (2%) of the anticipated assessed
value of each improved parcel upon completion of the private improvements as articulated in
Section V.E. will be reviewed. This review will include current or estimated County Service Area
or Community Service District charges, benefit assessments, levies for authorized but unissued
debt and any other anticipated charge which may be included on the property tax bill.
4. With regard to any bonds to be issued, there will be created a reserve fund that will be established
for each series of bonds.
5. If the County or its related districts or agencies are to:
a) own, operate, or maintain a majority of the facilities to be financed, or,
b) be the single largest recipient of the facilities to be financed, or,
c) own, operate or maintain facilities having a combined construction cost of $100,000 or more,
including design, engineering, construction contingencies and related costs of the construction
project,
then the County will require that all of the appropriate Policies set forth herein will be adhered to
before entering into a joint community facilities agreement.
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SECTION VIII: CREDIT ENHANCEMENTS
Credit enhancements, if required by the County, are to be utilized either to improve the credit worthiness
of the proposed financing or to insure that the debt service requirements of the proposed debt issue are met
in a timely manner. It is important to the County to minimize the possibility of a debt issue being placed in
default and to insure that sufficient cash flows are available to meet debt service requirements. Section IV.
D. contains a potential requirement for credit enhancement related to the ownership of 20% or more of the
property within a CFD.
The County will examine carefully the provider of the required credit facility and the form that the credit
facility will take. The rating of the provider, as well as the provider's capitalization, are of principal concern,
and a reduction in either during the term of the credit facility to a level unacceptable to the County may
require that an alternate credit facility be secured from an acceptable provider. The County reserves the
right, in its sole discretion, to determine the acceptability of both the credit facility and its provider.
SECTION IX: OFFERING STATEMENTS AND DISCLOSURE
It is the intent of the County to comply with all applicable federal or state requirements regarding disclosure
to insure that fair and accurate descriptions of debt issues are provided to the purchasers of the bonds. The
County and any owner of property within a CFD that has not reached its entitled development and that will
be responsible for the payment of special taxes representing such portion (as determined by bond counsel)
of annual debt service on an issue of bonds that would cause such person or entity to be an “obligated
person” under federal securities law (each, an “Obligated Person”) will use all reasonable means to ensure
compliance with applicable federal securities laws in connection with the issuance of debt and the provision
of financial information and operating data regarding any CFD established by the County with respect to
which bonds have been issued.
The County will retain disclosure counsel for any particular land secured or conduit financing having an
aggregate principal value of $1,000,000 or more. Decisions as to the adequacy of the disclosure will be
determined by the County, its counsel, bond counsel and disclosure counsel. No preliminary or final
offering statement for a particular land secured or conduit financing will be released for circulation unless
it is deemed final by the County on the advice of its counsel, bond counsel or disclosure counsel.
With regard to the initial disclosure, each Obligated Person will be required to provide for inclusion in the
official statement or other offering materials distributed in connection with the offering and sale of such
bonds, such information as may be required to satisfy any requirements of, or avoid any liability under, any
applicable federal or state securities laws.
The proponent(s) of a particular land secured or conduit financing and all principal participants therein are
expected to provide the information requested by the County, its counsel, the underwriter, its counsel,
disclosure counsel, or bond counsel that is deemed necessary for disclosure purposes. Failure on the part of
the proponent and any principal participants to comply with such requests will jeopardize completion of
the debt issue.
With regard to continuing disclosure, each Obligated Person will be required to enter into a continuing
disclosure agreement pursuant to which such Obligated Person will agree to provide financial information
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and operating data, on an ongoing basis, as may be required for the underwriter of such bonds to satisfy the
requirements pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934.
The proponent of a particular land secured or conduit financing and all Obligated Persons will be required
to execute those certificates and provide those written opinions of their respective counsel that are required
by the terms of the bond purchase agreement. Failure to do so will result in the bonds not being sold and
issued.
Failure of the proponent of a particular land secured or conduit financing or of any Obligated Person to
comply with such proponent’s or Obligated Person’s initial or continuing disclosure obligations pertaining
to bonds previously issued for any other CFD will be grounds for denial of the application for the formation
of a CFD. Any such failure should be remedied by the time of providing the preliminary official statement
and such failure will be disclosed in the preliminary and final official statements as required by bond
counsel and/or disclosure counsel.
SECTION X: ADMINISTRATION
All matters related to administration of issued bonds are to be handled consistent with the terms of the trust
indenture or fiscal agent agreement pursuant to which the bonds were sold. Administrative responsibilities
with regard to the bonds and the project being financed by bond proceeds will vary depending upon the
nature of the project.
A. Debt Administration
CFD bonds are issued pursuant to bond indentures or fiscal agent agreements which identify where relevant
the Auditor-Controller of the County to have administrative responsibility for these debt issues. This
includes, among other duties, the computation and enrollment of the special tax, payment of principal and
interest on the bonds, initiation of foreclosure proceedings with regard to delinquent parcels, and
management and investment of monies held in all funds and accounts created by the bond indentures or
fiscal agent agreements.
B. Notice to Future Property Owners
The Act requires that certain disclosure certificates regarding the existence of a CFD and the special tax
obligation be provided to those individuals purchasing property within the CFD, including to interim
purchasers and merchant builders. The County will require that the statutorily prescribed disclosure be
made to the initial purchaser of property within a CFD, and the proponent of the CFD and/or developer will
make available the information necessary to complete the disclosure certificate required for subsequent
property transfers.
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C. Annual Reporting
The County departments or related districts or agencies identified in Section X. of these Policies as having
responsibility for bond administration will prepare and timely file with the state and federal agencies all
statutorily required reports.
Consistent with Section III of these Policies, County departments or related districts or agencies having
responsibility for bond administration are to prepare and submit annually to the Auditor Controller of the
County a report on the status of their respective debt issues on forms to be provided by the Debt
Affordability Advisory Committee. The occurrence of technical default, or the likelihood thereof, is to be
reported immediately to the Auditor Controller of the County by the administering department or related
district or agency. For the purposes of these Policies, the term "technical default" will mean the occurrence
of an event or omission that may result in the inability to make timely payment of debt service on the
financing or would jeopardize the tax exempt status of the financing (e.g., the need to draw on a reserve
fund, the insolvency or bankruptcy of a principal property owner, the insolvency of a provider of a cre dit
enhancement, or insufficient funds to make a required rebate payment).
The information contained in these reports will allow the Auditor Controller of the County to prepare an
analysis of the outstanding debt of the County and its related districts or agencies.
SECTION XI: REFUNDINGS
The principal objective of the County in refunding an outstanding debt issue is to secure a public benefit
which may include an interest rate savings that will result in both an annual and present value savings to
the property owners responsible for paying special taxes that are used to pay the debt service on the bonds.
The actual value of the savings must significantly exceed the costs of the refunding and any increase in the
principal amount of bonds that will be outstanding as a result of the refunding.
Refunding of a particular CFD financing must at minimum be structured to reflect the following:
1. The refunding bonds will mature on a date not later than the date on which the bonds being refunded
(the "prior bonds") mature.
2. Annual debt service savings to be realized from the refunding are to be apportioned over the
remaining life of the refunding bonds.
3. The prior bonds (or any portion thereof being refunded) are to be legally defeased in accordance
with the indenture or fiscal agent agreement authorizing their issuance. If there is no provision for
their defeasance, a defeasance escrow will be established that will contain only cash or direct
obligations of the United States.
The County will also consider refunding an outstanding land secured financing to address unacceptable or
unworkable bond covenants, debt service schedules or bond maturities.
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SECTION XII: AMENDMENTS AND EXCEPTIONS
The County reserves the right to amend or modify these policies at any time and the right to make exceptions
or grant waivers for specific financing projects, as facts and circumstances warrant.
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APPENDIX 5
Contra Costa County
Debt Management Policies
For
Multifamily Mortgage Revenue Bond Program
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I. SUMMARY
This Appendix 5 provides specific policies and procedures for multifamily mortgage revenue
bond (MFMRB) issues, which are in addition to those established by the County in the
Contra Costa County, California Debt Management Policy (County Policy). The MFMRB
program is administered by the County’s Department of Conservation and Development
(DCD)1.
Federal, state and local legislation authorize issuance of mortgage revenue bonds by local
governments to finance the acquisition, development, and rehabilitation of multifamily rental
housing projects pursuant to Section 52075 of the California Health and Safety Code, and
applicable provisions of the Internal Revenue Code. The allocation of private activity bond
authority needed for the issuance of tax-exempt bonds is secured through the California
Debt Limit Allocation Committee (CDLAC). The interest on the bonds can be exempt from
federal and state taxation. As a result, bonds provide below market financing for qual ified
rental projects located within Contra Costa County (the “County”)2. In addition, the bonds
issued under the program can qualify projects for allocations of federal low -income housing
tax credits (LIHTC), that provide a significant portion of the equity funding necessary to
develop affordable housing.
There is no direct legal liability to the County in connection with the repayment of bonds;
there is no pledge of the County’s faith, credit or taxing power and the bonds do not
constitute general obligations of the County because the security for repayment of bonds is
limited to project revenue and other sources specified under each financing. Project loans
are, in most cases, secured by a first deed of trust on the bond-financed property. The
program is completely self-supporting; developers must secure funding to pay for costs of
issuance of the bonds and all other costs under each financing.
The bonds may be used for construction, rehabilitation and permanent financing. The
effective mortgage rate is the aggregate of the applicable bond rate and the add-on fees
charged under the program such as lender, trustee, issuer’s fee, etc. The bond rate, for fixed
rate bonds, is determined at the time of a bond sale, and the resulting mortgage rate typically
is approximately 1.5-2 percent below conventional mortgage rates. The project loans
generally have a 30-year amortization schedule.
The goals of the program include:
• Increase and preserve the supply of affordable rental housing;
• Encourage economic diversity within residential communities;
• Maintain a quality living environment for residents of assisted projects and
surrounding properties; and
• In the event of provision of public funds towards the project, optimize the
effectiveness of those funds by maximizing the leveraging of private sector funds.
1 DCD also manages a single-family mortgage revenue bond (SF MRB) program. It seeks an annual
allocation of SFMRB financing authority from the California Debt Limit Allocation Committee and converts the
allocation to Mortgage Credit Certificates (MCCs). MCC program information is available on the County
website at http://ca-contracostacounty2.civicplus.com/4768/Mortgage-Credit-Certificate-Program.
2 The County receives resolutions (or letters of support) from the cities and towns in which projects are
located for each applicable transaction prior to seeking a reimbursement resolution from the Board of
Supervisors.
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II. ELIGIBILITY
The project must be located within the County and consist of complete rental units,
including full kitchens and bathrooms, and cannot be used for transient or student housing,
although in certain cases single room occupancy projects may be financed.
There is no limit on the minimum or maximum project size or number of units. However,
smaller size projects (fewer than 40 units or less than $2 million loan) may not find tax
exempt financing economically efficient due to the costs of issuance, services of the financial
team, rating fees, etc. Proposed combined or pooled projects will be considered on a case
by case basis.
Loan funds may be used for costs of property acquisition (no more than 25% of tax-exempt
bond proceeds can be used for the acquisition of land), construction, rehabilitation,
improvements, architectural and engineering services, construction interest, loan fees and
other capital costs of the project incurred after the Bond Reimbursement date (specified in
Section VII -Financing Process).
Pursuant to federal requirements, if bonds are used for acquisition and rehabilitation, an
amount at least equal to 15 percent of the portion of the acquisition cost of the building and
related equipment financed with the proceeds of the bonds must be used for rehabilitation
of the project.
No more than two percent of any tax-exempt bond loan can be used to finance costs of
issuance, such as the services of the financing team members, rating and printing of bonds,
bond allocation, etc.
III. COUNTY COMPENSATION
The County’s fees are comprised of (1) a non-refundable application fee due prior to drafting
a Reimbursement Resolution, (2) an issuance fee due upon bond closing, and (3) an annual
fee due in advance to cover costs of monitoring compliance with State and federal law
requirements as contained in a Regulatory Agreement for each bond issue. The annual fees
may be negotiated, however the standard fee is 1/8 of 1 percent (or 0.125 percent) of the
principal amount of bonds outstanding. Annual fees are charged for the full term of the
Regulatory Agreement, generally 55 years. At the County’s discretion, annual fees above a
$5,000 minimum may be subordinated to payment of debt service. The County fees are
summarized in the table below:
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Issuer Fee Schedule
Application (1) Issuance Fee Annual Fee (2)
Rate (3) 0.125% Rate (3) 0.125%
$2,500 Minimum $5,000 Minimum $5,000
Maximum $75,000 Maximum $25,000
(1) Payable upon request of a Reimbursement Resolution. Amount is applied to
Issuance Fee at closing. DCD may waive this requirement in its sole
discretion.
(2) Amounts above the minimum may be subordinated to bond debt service, at
the County’s option.
(3) Percentage applied to the outstanding bond issuance amount.
IV. TYPES OF BONDS
The County may issue either tax-exempt or taxable bonds. Taxable bonds would generally
be issued in combination with tax-exempt bonds. Tax-Exempt Private Activity Bonds (non-
refunding) require an allocation of bond authority from CDLAC. To obtain the allocation the
County must submit an application to CDLAC on behalf of the developer (Project Sponsor).
Submittal of the application is at the discretion of the County, not the Project Sponsor. The
Project Sponsor must pay all required CDLAC fees when due.
The interest on taxable bonds is not exempt from federal taxation. These bonds are not
subject to federal volume “cap” limitations and therefore do not require allocation authority
from CDLAC. Taxable bonds can be used in combination with low -income housing tax
credits awarded by the Tax Credit Allocation Committee. Taxable bond issues must meet all
applicable requirements of this Policy (including rating requirements) and any additional
regulations that may be promulgated, from time to time, by the County or as set forth in the
County Policy.
The County may issue 501(c)(3) bonds on behalf of qualified nonprofit organizations. 501
(c)(3) bonds are tax-exempt and do not require an allocation from CDLAC, but cannot be
used with the LIHTC Program.
Refunding Bonds will be allowed if the issuance meets the following conditions:
1. The Project Sponsor agrees to cover all costs of the issuer.
2. Projects originally financed by tax-exempt bonds prior to the 1986 Tax Act will
have to make a minimum 10 percent of the units affordable to persons earning
50 percent of the median area income with the rents affordable at the same
level.
3. The affordability restrictions of the existing bond regulatory agreement are
subject to extension and/or additional restrictions. All specifics of refunding
proposals must be approved by the County.
4. Default refunding applications require a default refunding analysis (to
determine the eligibility for a default refunding). The County shall choose the
firm to conduct the analysis. The Project Sponsor will deposit the cost for the
study with the County before the study begins.
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V. AFFORDABILITY REQUIREMENTS
A. Term
The project must remain as rental housing and continuously meet the affordabil ity
requirements for at least 55 years from the date of 50 percent occupancy of the
project (the “Qualified Project Period” or “QPP”). At the conclusion of the regulatory
period, rent of “in-place” tenants will continue to be governed by the applicable
affordability restriction, so long as those tenants continue to live in the development.
B. Income Restrictions
To be eligible for tax-exempt bond financing, federal and State law require that the
project meet one of the following conditions:
1. A minimum of 20 percent of the units in the project must be set aside for
occupancy by households whose income does not exceed 50 percent of area
median income, as adjusted for family size; or
2. A minimum of 10 percent of the units in the project must be set aside for
occupancy by households whose incomes do not exceed 50 percent of area
median income, as adjusted for family size AND an additional 40 percent of
the units in the project must be set aside for occupancy by households whose
incomes do not exceed 60 percent of area median income, as adjusted for
family size.
In general, project owners must certify their tenant’s eligibility annually. If at the
annual certification it is found that a tenant’s income exceeds 140 percent of the
current income limit, the owner must rent the next available unit of comparable size
to a new income eligible tenant. The owner may raise the current tenant’s rent to
market rent only upon renting the next available unit to a new low -income or very low-
income household, as applicable. A unit occupied only by full time students does not
count towards the set-aside requirement.
C. Rent Restrictions
The maximum rents for all the affordable units are equal to 30 percent of the
applicable monthly maximum income level, assuming one person in a studio, two
persons in a one-bedroom, three persons in a two-bedroom and four persons in a
three-bedroom unit. These assumptions differ for projects using LIHTC. If applicable,
the County may use TCAC rents pursuant to AB 1714. The maximum rents are further
reduced by the amount of the utility allowance applicable to those units , based on unit
size. Utility allowances are set by the Housing Authority of the County of Contra Costa
(HACCC) and are based solely upon the utilities paid by the tenant. The utility
allowance does not include phone, cable or internet connections.
The set-aside units must proportionately reflect the mix of all units in the project, be
distributed throughout the project, and generally have the same floor area, amenities,
and access to project facilities as market-rate units.
D. Regulatory Agreement
The rental and affordability unit requirements will be contained in a regulatory
agreement that is recorded against the property and must be complied with by the
project owner and any subsequent buyers for the applicable compliance period. The
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Regulatory Agreement will be drafted by the County’s bond counsel and mus t be in
a form acceptable to and approved by the County. Pursuant to Section 5220(c)(1) of
the CDLAC Regulations, the Regulatory Agreement for any tax-exempt financing that
received a CDLAC allocation must incorporate by reference and as an attachment
the CDLAC resolution allocating private activity bond authority to the County for the
project. The requirements are terminated at the later of the end of the applicable
compliance period and repayment in full of the bonds, or in the event of total casualty
loss or foreclosure.
VI. FINANCING TEAM
Bond counsel and a municipal advisor, if desired, specifically represent the interests and
concerns of the County in ensuring the integrity of the bond transaction. The Project Sponsor
may, at its own expense, add additional members to the finance team to rep resent its
interests.
A. Municipal Advisor
If deemed necessary, the Municipal Advisor will be designated by DCD. They may be
requested to prepare a feasibility study of whether it is economically advisable to
proceed with the financing, including: evaluations of the financial strength of the
project; assumptions regarding income and expenses; sources of security for bon ds
in addition to the project; Project Sponsors financial situation and experience in
operating and managing rental projects; marketability of the bond s; rights and
resources of parties to the transaction in the event of default; and provide financial
advice on all relevant financial issues to best protect the interests of the County. The
compensation for any municipal advisory services to determine whether it is advisable
to proceed with a financing will not be contingent on the sale of the bonds.
B. Bond Counsel
Bond counsel will be designated for each financing by the County Board of
Supervisors. Bond counsel will prepare the necessary legal documentation for each
financing, including provisions regarding compliance with any applicable continuing
disclosure requirements, provide an opinion regarding the validity of the bonds and if
applicable their tax exemption, and provide legal advice on all relevant legal issues
to best protect the interests of the County. (See also Section IV.B, Financing Team
in the County Policy.)
C. Additional Parties
The Bond Underwriter, Private Placement Purchaser, Disclosure Counsel and Bond
Trustee, if any is required, will be selected by the County in consultation with the
project sponsor. The fees for such services will be paid solely out of bond proceeds
or otherwise by the project sponsor.
VII. THE FINANCING PROCESS
A. Request for Financing (New or Refunding) – A letter of request must be sent
to the DCD to review for consistency with County and CDLAC policy. The letter
and accompanying information must state the desire to use the County’s
Multifamily Mortgage Revenue Bond Program. The letter should include:
1. Name of Development Project,
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2. Name of Project Sponsor, including the Project Sponsor’s experience
with multifamily housing development
3. Location by street address and assessor’s parcel number (if known);
4. Estimated number units,
5. Estimated development costs including land (bonds to be issued cannot
exceed this amount),
6. Exact legal name of the ownership entity at the time of bond closing
(e.g. name of individual, partnership, corporation, etc.),
7. If different, name of the operating entity at the time of bond closing,
8. Proposed management company with a statement of experience in
managing income restricted housing, and
9. Non-refundable application fee of $2,500 to cover the administrative
costs of reviewing the project feasibility, Inducement and TEFRA
Hearing processes.
B. Board of Supervisor Approval of Reimbursement Resolution – The
Reimbursement Resolution is a conditional statement of intent on the part of
the County to provide tax-exempt financing for the project. The Resolution is
non-binding, however it authorizes the submittal of an application to CDLAC
by the County (if tax-exempt bonds are to be issued) and it sets the date (which
is 60-days earlier than the Reimbursement Date) from which costs related to
the project are eligible for tax-exempt financing.
C. Public Hearing/Section 147(f) Resolution (“TEFRA”) – Tax law requires that a
public hearing be held for any proposed tax-exempt financing to take
comments on the nature of and location of the facility proposed to be financed
with private activity bonds. The hearing must be noticed in a local newspaper
of general circulation or to be posted on the County’s website, at least 7 days
prior to the hearing. After the public hearing, the Board of Supervisors then
adopts a resolution approving the issuance of bonds pursuant to Section 147(f)
of the Internal Revenue Code. This is not the final approval of the bond
issuance. The DCD holds the hearing administratively and the Board of
Supervisors approves the Section 147(f) Resolution at a subsequent Board
meeting. DCD may opt to schedule the required public hearing with the Board
of Supervisors.
D. Obtaining a CDLAC Allocation –CDLAC allocation of private activity bond
authority needed for the issuance of tax-exempt bonds is subject to an
application process. The application must be submitted to the County by the
project sponsor for review and comment at least 10 days prior to the CDLAC
deadline. The final application must include the current application fee for
CDLAC and a performance deposit to be held by the County. The deposit is
returned according to CDLAC procedures, but is subject to rever sion to
CDLAC if the financing does not close according to their procedures. The
CDLAC process includes approximately 60 days for review of applications
prior to allocation.
E. Bond Sale Resolution – When an allocation is received the County and
financing parties will have a limited time in which to complete the financing and
sell and close on the issuance of the bonds. All real estate, lender and bond
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documents are completed. The Board of Supervisors must approve a Bond
Sale Resolution, typically 30 days in advance of the proposed bond closing.
VIII. BOND SALE MODES/ISSUING CRITERIA
Under its tax exempt financing program the County, as a conduit issuer, facilitates loans
typically secured by a first deed of trust. A fundamental requirement for financings is that the
project have loan underwriting and if applicable, credit enhancement from a third party
institution that bears the ultimate risk and responsibility of repayment of the loan. The County
may consider unrated bonds on a case-by-case basis. Subordinate financing from other
federal, state, or local agencies may be integrated into a plan of finance for the project. Early
consultation with County staff is encouraged.
Any bonds issued under the program that are sold to the public should generally be rated
“A”, or its equivalent, or better from a nationally recognized rating agency. The same rating
requirement applies in the case of a substitution of existing credit facility for publicly held
bonds that are outstanding.
A preferred way of obtaining the required rating on the bonds is through the provision of
additional, outside credit support for the bond issue provided by rated, financially strong
private institutions, such as bond insurance companies; domestic an d foreign banks and
insurance companies; FHA mortgage insurance or co -insurance, etc. The rating on the
bonds is based on the credit worthiness of the participating credit enhancement provider.
The applicant is required to identify and obtain credit enhancement for each bond issuance
to be publicly held. As the primary source of security for the repayment of bonds, the credit
enhancement provider reviews and approves the borrower and the project and its feasibility,
including the size of the loan and the terms of repayment using their own underwriting
criteria.
Fixed rate bonds, or their portion, can be issued without credit enhancement if the prop osed
financing structure results in the required minimum rating on the bonds by a nationally
recognized rating agency. Bonds issued without credit enhancement will be sold to
institutional investors in minimum $100,000 denominations.
Private Placement Bonds
Private Placement Bonds are allowed under the following conditions:
• The bonds are privately placed with “qualified institutional buyers” under Rule
144A of the Securities Act of 1933, or “accredited investors,” as generally defined
under Regulation D of the Securities Act of 1933.
• The bonds must be sold in minimum $100,000 denominations.
• All initial and subsequent purchasers (unrelated to the initial purchaser) must be
willing to sign a sophisticated investor letter in a form approved by the County.
While the bonds remain unrated, their transferability will be restricted to qualified
institutional buyers or accredited investors who sign an Investor Letter, unless the
transferee is related to the initial purchaser.
• The County may limit the number of investors.
• The owner must indemnify the County against any costs incurred by the County
related to the financing, including any lawsuit initiated by the bondholder or any
other party, regardless of whether the developer is negligent .
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IX. OTHER
Underwriter criteria: See Section V. Method of Sale in the County Policy for underwriter
selection criteria.
X. OTHER ISSUERS
Projects financed with subordinate financing from the County (CDBG, HOME, etc.) will be
financed by bonds issued by the County. The County may consent to the use of statewide
issuers for private activity bonds (including 501c3 bond s) to finance projects located within
the unincorporated County when such projects are part of a common plan of finance with
one or more projects located within the County. DCD may waive the limitations on the use
of statewide issuers.
XII POST-ISSUANCE
See County Policy, Post-issuance Tax Compliance Procedures (Appendix 2) and
Continuing Disclosure Procedures (Appendix 3). The following policies and procedures are
in addition to those procedures and are specific to multifamily mortgage revenue bond
issues. Project sponsors that received tax-exempt financing with an allocation from
CDLAC are also required to maintain compliance with the CDLAC resolution associated
with each such bond issuance.
A. Change of Ownership
The County reserves the right to approve any voluntary change in ownership (i) that
results in a transfer of 50% or more of the total equity interests in a developer or (ii) that
results in a transfer of any general partner or managing member interest in the developer.
Such approval to transfer ownership shall be at the discretion of the County. Transfers
made by a limited partner tax credit investor to its affiliates may, at the County’s
discretion, be exempted from this requirement. The County shall review proposed owner
management practices on current and previously owned properties, inspections,
financial statements and credit histories.
B. Compliance
Post-issuance compliance activities are carried out by DCD staff, including its
Redevelopment Housing Specialist, under the supervision of the County’s Assistant
Deputy Director. The County currently has a license agreement with Compliance
Services for its FOCUS program. Project Sponsors access information and submit
reports through FOCUS at http://www.housingcompliance.org/ . (The County reserves
the right to change vendors at any time.)
1. Issuance Report: Following bond issuance, Bond Counsel submits the Report of
Final Sale pursuant to CDIAC regulations.
2. Qualified Project Period: The QPP begins when the development has achieved
50 percent occupancy. Project Sponsors of new construction projects are
required to submit a recorded Certificate of Commencement of Qualified Project
Period. For acquisition/rehabilitation projects, the QPP begins upon bond
issuance.
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3. Quarterly Reports: Upon commencement of the QPP, reports are due 15 days
following the end of each quarter based on a calendar year using the form
embedded in FOCUS.
4. Annual Reports: Annual reports for projects that received a CDLAC allocation
must provide annual reports using the CDLAC Self-Certification Compliance
forms are due to the County 45 days prior to the CDLAC report deadline. The
County submits its comprehensive reports on all applicable developments prior
to the CDLAC deadline.
5. Compliance Verification:
a. Rent and income limits are calculated annually and are available to the
Project Sponsors through FOCUS. The HACCC utility allowance
schedule is uploaded in FOCUS. The Project Sponsor supplies the
tenant-paid utility costs to the County and to FOCUS. The FOCUS
program automatically compares the project rent and income information
with the current limits and flags any non-compliance issues.
b. Service amenities are included in any applicable CDLAC resolution and
are verified by County staff at project completion, through annual reports,
and during periodic site visits.
c. Site visits are conducted at least once every three years during the
compliance period. Staff reviews tenant files to confirm rent and incomes
are appropriate and consistent with the on-line reports. Staff also confirms
that amenities included in any applicable CDLAC resolution are being
provided. Any findings or discrepancies are included in any applicable
annual compliance report submitted by the County to CDLAC.
d. Non-compliance is reported to CDLAC with anyannual required reports.
Any such report will include the nature of the non-compliance and County
staff’s efforts to remedy the non-compliance. The County requires that the
Regulatory Agreement for each development include identification of
default and enforcement actions.
6. Record Retention: Any CDLAC application, County resolutions (TEFRA,
reimbursement, and intent to issue), the bond legal documents, and compliance
reports are retained for five years following the later of bond defeasance or
expiration of the applicable project regulatory agreement.
7. Site-based Record Retention: Tenant income certification information for all
initial tenants is retained for five years following the later of bond defeasance or
expiration of the applicable regulatory agreement. Tenant files for future tenants
a retained for five years following tenant move-out.
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APPENDIX 6
Contra Costa County
Debt Management Policies
For
Successor Agency to the former Contra Costa County Redevelopment Agency
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This Appendix 6 provides specific policies and procedures for tax allocation bond (TAB)
issues, which are in addition to those established by the County in the Contra Costa
County, California Debt Management Policy (County Policy). The TABs are administered
by the County’s Department of Conservation and Development (DCD).
I. Purpose
The purpose of this Successor Agency to the former Redevelopment Agency of Contra
Costa County (“Agency”) Debt Management Policy is to organize and formalize the
Agency’s debt-related policies and practices and establish a framework for administering
and potentially refinancing the Agency's debt.
The primary objectives of the policy are to:
• Promote sound financial management
• Assist the Agency in evaluating debt refinancing options
• Ensure full and timely repayment of debt
• Maintain full and complete financial disclosure and good investor relations
• Ensure compliance with applicable state and federal laws
II. Responsibility/Approval Process
The Director of the Department of Conservation and Development, or designee, shall be
responsible for managing and coordinating all activities related to the administration and
potential refinancing of the Agency’s debt, including investment of bond proceeds,
compliance with bond covenants, continuing disclosure, and arbitrage compliance.
III. Debt Issuance
Refinancing The Agency may refinance all or a portion of an outstanding debt
issue when such refinancing enables the Agency to realize significant debt service savings
or other policy goals. In general, refinancing that produces a net present value savings of
at least three percent of the refinanced debt, without extending the term of the refinanced
debt, will be considered economically viable. Refinancing that produce a net present value
savings of less than three percent will be considered on a case-by-case basis if there is a
compelling public policy objective that is accomplished by retiring the debt. For example,
the Agency may pursue a non-economic refinancing to eliminate undesirable legal
covenants in outstanding bond documents, to restructure the debt service profile, or to
change the tax status of the debt.
IV. Debt Structure
Debt Service Reserve Fund The Agency may finance a debt service reserve fund
from bond proceeds or other funds, consistent with federal tax law, to enhance the
marketability of the bonds and/or to satisfy requirements of outstanding debt covenants.
The Agency may purchase a reserve fund equivalent (such as a reserve fund surety) when
such purchase is considered to be advantageous to the economics of the debt issuance.
396
Bond Insurance The Agency may purchase bond insurance (or secure a letter of
credit) for any proposed financing if the economic benefit of the insurance realized through
lower interest costs exceeds the cost of the insurance. The Director of the Department of
Conservation and Development, or designee will solicit quotes from providers, and shall
have the authority to select a provider whose bid is most cost effective, and whose terms
and conditions are satisfactory to the County.
Call Provisions In general the bonds will include a call feature that is no longer
than 10 years from the date of delivery of the bonds. The Agency will seek to avoid the sale
of non-callable bonds absent careful evaluation by the Agency of the value of the call
option.
Original Issue Discount An original issue discount will be permitted only if the
Agency determines that such discount results in a lower true interest cost on the bonds and
that the use will not adversely affect the projects to be financed.
Interest Rate Mode The Agency shall use only fixed-rate debt to refinance its
bonds.
VI. Financing Team
Bond counsel and a municipal advisor, if applicable, specifically represent the interests and
concerns of the Agency in ensuring the integrity of the bond transaction.
A. Municipal Advisor
If deemed necessary, the Municipal Advisor will be designated by DCD. They will
prepare a feasibility study of whether it is economically advisable to proceed with the
financing, including: evaluations of the financial strength of the project; assumptions
regarding income and expenses; sources of security for bonds in addition to the
project. The compensation for municipal advisory services to determine whether it is
advisable to proceed with a financing will not be contingent on the sale of the bonds.
B. Bond Counsel
Bond counsel will be designated for each financing by the County Board of
Supervisors. Bond counsel will prepare the necessary legal documentation,
including provisions regarding compliance with any applicable continuing disclosure
requirements, provide an opinion regarding the validity of the bonds and their tax
exemption, and provide legal advice on all relevant issues to best protect the
interests of the Agency.
C. Additional Parties
The Bond Underwriter, Remarketing Agent, Private Placement Purchaser,
Disclosure Counsel, if any, and Bond Trustee, if required, will be selected by the
Agency in consultation with the municipal advisor. The fees for such services will be
paid solely out of bond proceeds or otherwise by the project sponsor.
(See also Section IV.B. – Financing Team in the County Policy)
397
VII. Method of Sale
The Agency may select a method of sale that is most appropriate for a particular financing
or debt program in light of the financial, market, transaction-specific, and Agency-related
conditions. The Director of the Department of Conservation and Development, or designee
shall be responsible for determining the appropriate manner in which to offer any securities
to investors, and may consider negotiated sale, competitive bid or private placement, as
appropriate. The Agency’s bonds have traditionally been sold via negotiated sale. This has
been reflective of a complex structure which has required significant up-front work by the
bond underwriter, and a strong pre-marketing effort at sale. The Agency may elect to
privately place its debt if it is demonstrated to result in a cost savings to the Agency relative
to other methods of debt issuance.
VIII. Debt Administration
Investment of Bond Proceeds Investments of bond proceeds shall be consistent
with federal tax requirements, the County’s adopted Investment Policy as modified from
time to time, and with requirements contained in the governing bond documents.
Continuing Disclosure The Agency is committed to full and complete primary and
secondary market financial disclosure in accordance with disclosure requirements
established by the Securities and Exchange Commission and Municipal Securities
Rulemaking Board, as may be amended from time to time. The Agency is also committed
to cooperating fully with rating agencies, institutional and individual investors, other levels
of government, and the general public to share clear, timely, and accurate financial
information.
Arbitrage Compliance The Agency shall maintain a system of record keeping and
reporting to meet the arbitrage compliance requirements of federal tax law or procure an
outside contractor for such service.
398
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-370 Agenda Date:9/12/2023 Agenda #:
C.24.
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Bylaws for the Measure X Community Fiscal Oversight Committee
RECOMMENDATIONS:
ADOPT Measure X Community Fiscal Oversight Committee Bylaws.
FISCAL IMPACT:
Administrative action with no specific fiscal impact at this time.
BACKGROUND:
On November 3, 2020, voters in Contra Costa County approved Measure X, a Countywide, 20-year, half-cent
sales tax. The ballot measure’s stated intent for Measure X was “to keep Contra Costa’s regional hospital open
and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety
-net services; invest in early childhood services; protect vulnerable populations; and for other essential county
services.” Collection of the tax began on April 1, 2021. $267.6M in actual revenue has been collected through
June 30, 2023, and $348.5M has been allocated through FY23-24, encompassing 38 projects and funding areas.
On February 2, 2021, the Board of Supervisors approved the creation of a 17-member (+10 alternates) Measure
X Community Advisory Board (MXCAB), with bylaws modeled after the County’s Community Corrections
Partnership and Juvenile Justice Coordinating Council. Per the current bylaws, the main responsibilities of the
MXCAB include conducting a needs assessment every three years, using the needs assessments to prioritize
and make Measure X general funding recommendations to the Board of Supervisors, and providing an annual
self-assessment report on MXCAB’s effectiveness during the past year.
On November 8, 2022, during a discussion item providing updates on Measure X, the Board requested that staff
return with recommendations for the creation of an oversight body. In response, the County Administrator’s
Office conducted a review of oversight structures for county sales tax measures, including the counties of
Alameda, Marin, San Mateo, Santa Clara, Sonoma, Los Angeles, and the San Francisco Bay Restoration
Authority.
The review found that San Mateo’s Measure K most closely resembles Contra Costa’s Measure X, and all but
Santa Clara have an oversight committee. Across the counties reviewed, common responsibilities for their sales
tax oversight bodies include annual financial audits, performance measurement, and annual reports. Most of the
oversight committees meet two or four times annually. Los Angeles and San Mateo counties also have
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:23-370 Agenda Date:9/12/2023 Agenda #:
C.24.
informative websites providing news highlights, reports, and updates on related activities.
The County Administrator’s Office presented the comparative analysis at the Board of Supervisors meeting on
May 16, 2023, followed by public comment and Board discussion of key considerations about Measure X
oversight to potentially improve transparency, mitigate concerns about potential conflicts of interest and
incompatible activities, and strengthen accountability and public information. Following the discussion, the
Board of Supervisors established the Measure X Community Fiscal Oversight Committee, and requested staff
to return with bylaws for adoption based on the following direction for the new advisory body:
1.Responsible for reviewing and confirming Measure X revenues and expenditures, including overseeing
annual financial audits conducted by an external auditor, verifying conformance with the Measure’s
language and intent and with the Board’s direction for specific allocations, and producing an associated
annual report. Would not do performance measurement or program evaluation; role is solely financial
accountability
2.Shall be composed of five seats, one from each district; the appointment will run in alignment with the
term of office from their appointing district (4-year term), and staffed by the County Administrator’s
Office
3.No appointee may be a current member of the Measure X Community Advisory Board (MXCAB), a
county employee, related to or associated with a grantee, or an elected official
4.County Administrator’s Office will provide staff services to support reporting, public information,
website development, and meetings
5.The Committee will not make any funding recommendations
6.The Committee will meet quarterly to start, transitioning to semi-annual
7.Bylaws will be developed and submitted to the Board of Supervisors.
The attached bylaws incorporate the instructions to staff and are recommended to the Board of Supervisors for
adoption.
Upon approval of the bylaws, the County Administrator’s Office will post the vacant Committee positions and
issue a press release soliciting applications. District Supervisors will identify and refer their candidates for
approval by the full Board of Supervisors. After the Committee is formed, their first meeting will likely occur
in late 2023 or early 2024.
CONSEQUENCE OF NEGATIVE ACTION:
The Measure X Community Fiscal Oversight Committee will not benefit from the administrative provision of
these Bylaws, which will make it difficult for the Committee to function efficiently.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:23-370 Agenda Date:9/12/2023 Agenda #:
C.24.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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CONTRA COSTA COUNTY
Measure X Community Fiscal Oversight Committee
BYLAWS
Adopted September 12, 2023
402
2
BYLAWS 1
OF THE CONTRA COSTA COUNTY 2
MEASURE X COMMUNITY FISCAL OVERSIGHT COMMITTEE 3
September 12, 2023 4
5
6
I. NAME 7
8
The name of the committee is the Contra Costa County Measure X Community Fiscal 9
Oversight Committee (the “Committee”). 10
11
II. AUTHORITY 12
13
The Committee is organized and exists as an advisory board to the Board of Supervisors 14
of Contra Costa County (the "Board") and pursuant to an Order of the Board dated May 15
16, 2023. 16
17
III. PURPOSE 18
19
The purpose of the Committee is to review on an annual fiscal year basis, the 20
expenditure of tax revenue generated by Contra Costa County Measure X, a ballot 21
measure that created a Countywide, 20-year, half-cent sales tax. The ballot measure’s 22
stated intent for Measure X was “to keep Contra Costa’s regional hospital open and 23
staffed; fund community health centers; provide timely fire and emergency response; 24
support crucial safety-net services; invest in early childhood services; protect 25
vulnerable populations; and for other essential county services.” The ballot measure 26
was passed by Contra Costa County voters on November 3, 2020, and became 27
effective on April 1, 2021. 28
29
IV. DUTIES 30
31
The Committee is to carry out the following duties: 32
33
A. Review, on an annual fiscal year basis, the expenditure of tax revenue generated 34
by Measure X, to ensure it conforms to (i) the stated intent of the ballot measure, 35
and (ii) the Board’s direction for specific allocations. 36
37
B. Oversee an annual audit of expenditures of tax revenue generated by Measure X. 38
39
C. Prepare an annual report of expenditures of tax revenue generated by Measure 40
X. 41
42
The Committee’s role is to advise the Board on these matters, and it shall be staffed by 43
the County Administrator’s Office. The Committee will not make any funding 44
recommendations. 45
46
403
3
V. MEMBERSHIP 1
2
The Committee is comprised of five members, one from each Supervisorial district. 3
Each Supervisor will appoint one member, who will serve at the pleasure of the Board 4
of Supervisors. The appointment will run in alignment with the term of office of the 5
appointing Supervisor. 6
7
Either the Board, by a 4/5 vote, or the appointing Supervisor may rescind an 8
appointment to the Committee. 9
10
When a vacancy occurs, the Supervisor represented by the vacant seat may appoint 11
a replacement representative, provided the new appointment is not of an individual 12
whose membership on the Committee has previously been rescinded. 13
14
VI. LIMITATIONS ON MEMBERSHIP 15
16
Members of the Committee may not be any of the following: 17
18
A. A current member of the Measure X Community Advisory Board (MXCAB). 19
20
B. A County employee. 21
22
C. Related to or associated with a grantee of revenue generated by Measure X. 23
24
D. An elected official. 25
26
VII. TERMINATION OF MEMBERSHIP 27
28
If a member of the Committee ceases to meet the membership requirements of Article 29
VI of these bylaws, their membership will automatically terminate. 30
31
If a member of the Committee fails to participate in any regular scheduled meeting 32
without an excused absence, it will be grounds for the County Administrator to 33
recommend to the Board that it rescind the absentee member’s appointment. Excused 34
absences will be granted for the following reasons: illness of self, member of immediate 35
family, or close friend; death of member of immediate family or close friend; 36
requirements of the member's job; vacation. A member must contact the County 37
Administrator prior to the meeting to be excused from a meeting. 38
39
Before making a recommendation of rescission to the Board, the County 40
Administrator will notify any member whose appointment is at risk and the 41
Supervisor who appointed the member. 42
43
Resignations must be in writing and filed with the Clerk of the Board with a copy to the 44
County Administrator. 45
46
404
4
VIII. OPEN MEETINGS AND CONFLICT OF INTEREST 1
2
Committee meetings must be open to the public in accordance with the Ralph M. Brown 3
Act, (Gov. Code 54950 et seq.) and the Contra Costa County Better Government 4
Ordinance. Committee members must adhere to the principles and rules of the Political 5
Reform Act of 1974 (Gov. Code 81000 et seq.). 6
7
IX. OFFICERS 8
9
A. The Committee shall elect its own Chair and Vice Chair. The County 10
Administrator will be the Secretary. 11
12
B. The Chair shall (i) preside at all meetings of the Committee, (ii) set the 13
agenda and review the record of action for all meetings in consultation with 14
the Secretary, (iii) have general supervision over all Committee business and 15
(iv) have such other powers and duties as may be assigned by the Committee, 16
provided such powers and duties are consistent with these bylaws. 17
18
C. The Vice Chair shall, in the absence or inability of the Chair to act, exercise 19
all the powers and perform all the duties of the Chair. The Vice Chair shall 20
also have such other powers and duties as may be assigned by the 21
Committee, provided such powers and duties are consistent with these 22
bylaws. 23
24
D. The Secretary will keep the record of action for the meetings of the 25
Committee. In consultation with the Chair, the Secretary shall prepare all 26
agendas. The Secretary shall distribute all agendas, act as custodian of 27
Committee records, keep a register of the contact information of each 28
member, which information is to be furnished to the Secretary by each 29
member and, in general, perform all duties incident to the office of Secretary. 30
31
E. The Chair and Vice Chair shall be elected annually at the last regular meeting 32
held in a calendar year. The Chair and Vice Chair will serve for a term of 33
one year and may succeed themselves for one additional consecutive term. 34
Officer vacancies are to be filled by election at the next regular meeting. 35
36
X. MEETINGS 37
38
A. The Committee shall hold regular meetings quarterly during the initial year. 39
Thereafter, the Committee shall hold regular meetings semi-annually, on a 40
schedule to be mutually determined by the Chair and County Administrator. 41
Ninety-six hours’ notice must be given for all regular meetings. 42
43
B. A special meeting may be called as needed by the Chair or by a majority of the 44
Committee. 45
46
405
5
C. A quorum for all meetings is three members. 1
2
D. The agenda and record of action of each meeting is to be sent electronically to each 3
member, the Board of Supervisors, and any additional persons authorized by the 4
Committee. A paper copy of the agenda and minutes of each meeting will be mailed 5
upon request. Other persons requesting the minutes of a meeting must do so in writing 6
to the Secretary and pay the prevailing copying and mailing rates. 7
8
XI. VOTING 9
10
A. An affirmative vote of the majority of all members of the Committee present at the 11
time is necessary to approve any action item before the Committee. If requested by 12
any member present, a roll call vote must be held. 13
14
B. Proxy voting is not permitted. 15
16
XII. CONDUCT OF BUSINESS 17
18
A. Only business that is clearly identified as an item of discussion on the 19
publicly-posted meeting agenda may be transacted at a meeting of the 20
Committee, except as permitted under the Ralph M. Brown Act and Contra 21
Costa County Better Governance Ordinance. 22
23
B. All meetings of the Committee are to be called to order by the Chair, or in the 24
Chair's absence, by the Vice Chair, or in the Vice Chair's absence, by a member 25
designated for that purpose by the Chair or Vice Chair. In the absence of any such 26
designation, the Committee may designate an acting chair by majority vote. 27
28
C. Public comment at all meetings is to be permitted in accordance with applicable 29
law. 30
31
XIII. AMENDMENTS TO THE BYLAWS 32
33
A. Only the Board may amend these bylaws. A recommendation to the Board that 34
these bylaws be amended must be approved by an affirmative vote of a majority 35
of the members. No amendment to these bylaws is effective until it has been 36
reviewed by County Counsel and approved by the Board. 37
38
B. Any proposed amendment to these bylaws is to be presented in writing at a 39
regular meeting of the Committee for discussion. The Committee shall vote on 40
the proposed amendment at the next regular meeting of the Committee. The 41
agenda for such meeting is to contain an item entitled "Proposed Bylaws 42
Amendment." 43
44
45
406
6
XIV. DISSOLUTION 1
2
The Board shall dissolve the Committee after all tax revenue collected pursuant to 3
Measure X is considered expended, and a final report is submitted. 4
5
XV. PUBLIC ACCESS TO COMMITTEE RECORDS 6
7
The County Administrator shall make available to the general public all records of 8
the Committee as required by law. 9
10
407
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-544 Agenda Date:9/12/2023 Agenda #:
C.25.
To: Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Retirement Plan Contribution Rates For Fiscal Year 2024-2025
RECOMMENDATIONS:
ADOPT Resolution No. 2023/###, which establishes retirement plan contribution rates as approved by the
Retirement Board for the period July 1, 2024 through June 30, 2025.
FISCAL IMPACT:
See 'Background' below.
BACKGROUND:
At its August 9, 2023 meeting, the Retirement Board reviewed and accepted the actuary’s valuation report for
the year ending December 31, 2022 and adopted the recommended employer and employee contribution rates,
which will become effective on July 1, 2024. A copy of the December 31, 2022 Actuarial Valuation can be
found on CCCERA’s website at www.cccera.org <http://www.cccera.org> under the Actuarial Reports link.
Attached are the rates to be used effective July 1, 2024 through June 30, 2025 submitted for adoption by the
County Board of Supervisors by the Contra Costa County Employees’ Retirement Association. Please note the
following related to Special Districts:
·The rates are before employer subvention, if any, of the employee contribution. The rates quoted here
are the employer required rates without taking into consideration any employer subvention of employee
contributions. A convenient methodology for adding subvention is included on page 26 of the attached
document. Note that subvention is not always permitted for PEPRA members.
·The rates are before any increase in employee rate to pay a portion of the employer contribution. If an
employee’s rate needs to be increased to pay a portion of the employer contribution, both employee and
employer rates would need to be adjusted accordingly.
CONSEQUENCE OF NEGATIVE ACTION:
Rates will not reflect those adopted by the Contra Costa County Employees Retirement Board.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 4
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File #:RES 23-544 Agenda Date:9/12/2023 Agenda #:
C.25.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF
Approving Contribution Rates to be charged by the Contra Costa County Employees' Retirement Association
WHEREAS,
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 4
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File #:RES 23-544 Agenda Date:9/12/2023 Agenda #:
C.25.
Pursuant to Government Code Section 31454 and on recommendation of the Board of the Contra Costa County
Employees’ Retirement Association,
NOW, THEREFORE, BE IT RESOLVED
That the following contribution rates are approved to be effective for the period July 1, 2024 through June 30,
2025.
I.Employer Contribution Rates for Basic and Cost-of-Living Components and Non-refundability
Discount Factors
A.For General Members (Sec. 31676.11, Sec. 31676.16 and Sec. 7522.20(a)) See attached Exhibits
1 through 6
B.For Safety Members (Sec. 31664, Sec. 31664.1 and Sec. 7522.25(d)) See attached Exhibits 7
through 12
II.Employee Contribution Rates for Basic and Cost-of-Living Components
See attached Exhibits A through M
As of the December 31, 2022 valuation, the Pension Obligation Bonds (POB) issued by the County, Contra
Costa County Fire Protection District and Moraga-Orinda Fire Protection District and the additional UAAL
prepayment made by First 5 - Children & Families Commission have been fully amortized.
Central Contra Costa Sanitary District made a UAAL prepayment in 2013, 2014, 2015 and 2021 which affected
contribution rates for that employer.
Local Agency Formation Commission made a UAAL prepayment in 2017, 2019, 2020 and 2021 which affected
contribution rates for that employer.
San Ramon Valley Fire Protection District made a UAAL prepayment in 2017, 2018, 2019, 2020, 2021 and
2022 which affected contribution rates for the Safety members of that employer.
Effective July 1, 2022, East Contra Costa Fire Protection District was annexed into Contra Costa County Fire
Protection District. Consistent with the annexation, starting with the December 31, 2021 valuation, the prior
General and Safety members from the East Contra Costa Fire Protection District have become General and
Safety members of Contra Costa County Fire Protection District in Cost Group #5 and Cost Group #8,
respectively. As part of the annexation, East Contra Costa Fire Protection District made a UAAL prepayment in
2022 which affected contribution rates for the General and Safety members of Contra Costa County Fire
Protection District (after annexation) starting July 1, 2022.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 4
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File #:RES 23-544 Agenda Date:9/12/2023 Agenda #:
C.25.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 4 of 4
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Exhibit 1
Page 1
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #1
Basic COLA Non-
Refundability
Factor Cost Group #1 1
In Social
Security 2
Not In Social
Security 3
In Social
Security2
Not In Social
Security3
General Tier 1 Non-LAFCO (in Social Security) 22.95% N/A 3.95% N/A 0.9676
General Tier 1 Non-LAFCO (not in Social Security) N/A 22.70% N/A 3.90% 0.9676
General Tier 1 LAFCO 17.40% N/A 3.94% N/A 0.9676
General Tier 4 (3% COLA) Non-LAFCO 18.70% 3.34% 0.9611
General Tier 4 (3% COLA) LAFCO 13.22% 3.34% 0.9611
General Tier 4 (2% COLA) 18.43% 2.28% 0.9567
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• County General
• LAFCO
• CC Mosquito & Vector Control District
• Bethel Island Municipal Improvement District
• First 5 - Children and Families Commission
• Contra Costa County Employees' Retirement Association
• Superior Court
• Moraga-Orinda Fire Protection District
• Rodeo-Hercules Fire Protection District
• San Ramon Valley Fire Protection District
1 Contribution rates for Cost Group #1 have been simplified because the POBs issued by certain employers have been fully amortized as of December 31, 2022.
2 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
3 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier 1 Enhanced (2% @ 55)
• Tier 4 (2.5% @ 67)
412
Exhibit 2
Page 2
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #2
Basic COLA Non-
Refundability
Factor Cost Group #2 1
In Social
Security 2
Not In Social
Security 3
In Social
Security2
Not In Social
Security3
General Tier 3 21.56% N/A 3.64% N/A 0.9559
General Tier 5 (3%/4% COLA) 17.92% 3.03% 0.9610
General Tier 5 (2% COLA) 17.81% 2.09% 0.9569
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• County General
• In-Home Supportive Services Authority
• CC Mosquito & Vector Control District
• Superior Court
1 Contribution rates for Cost Group #2 have been simplified because the POBs issued by certain employers have been fully amortized as of December 31, 2022.
2 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
3 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier 3 Enhanced (2% @ 55)
• Tier 5 (2.5% @ 67)
413
Exhibit 3
Page 3
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #3
Basic COLA Non-
Refundability
Factor Cost Group #3
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
Central Contra Costa Sanitary District General Tier 1 N/A 13.97% N/A 4.54% 0.9628
Central Contra Costa Sanitary District General Tier 4 (3% COLA) 9.00% 3.66% 0.9685
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• Central Contra Costa Sanitary District
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier 1 Enhanced (2% @ 55)
• Tier 4 (2.5% @ 67)
414
Exhibit 4
Page 4
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #4
Basic COLA Non-
Refundability
Factor Cost Group #4
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
Contra Costa Housing Authority General Tier 1 22.72% N/A 8.34% N/A 0.9620
Contra Costa Housing Authority General Tier 4 (3% COLA) 18.15% 7.51% 0.9633
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• Contra Costa Housing Authority
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier 1 Enhanced (2% @ 55)
• Tier 4 (2.5% @ 67)
415
Exhibit 5
Page 5
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #5
Basic COLA Non-
Refundability
Factor Cost Group #5
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
Contra Costa County Fire Protection District General Tier 1 N/A 27.77% N/A 14.28% 0.9773
Contra Costa County Fire Protection District General Tier 4 (3% COLA) 24.08% 14.15% 0.9621
Contra Costa County Fire Protection District General Tier 4 (2% COLA) 22.96% 12.63% 0.9588
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• Contra Costa County Fire Protection District
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier 1 Enhanced (2% @ 55)
• Tier 4 (2.5% @ 67)
416
Exhibit 6
Page 6
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #6
Basic COLA Non-
Refundability
Factor Cost Group #6
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
Non-Enhanced District General Tier 1 12.95% N/A 3.84% N/A 0.9625
Non-Enhanced District General Tier 4 (3% COLA) 11.14% 3.68% 0.9508
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• Rodeo Sanitary District
• Byron Brentwood Cemetery District
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier 1 Non-Enhanced (1.67% @ 55)
• Tier 4 (2.5% @ 67)
417
Exhibit 7
Page 7
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #7
Basic COLA Non-
Refundability
Factor Cost Group #7
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
County Safety Tier A N/A 37.17% N/A 27.15% 0.9710
County Safety Tier D 28.45% 25.62% 0.9783
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• County Safety
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier A Enhanced (3% @ 50)
• Tier D (2.7% @ 57)
418
Exhibit 8
Page 8
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #8
Basic COLA Non-
Refundability
Factor Cost Group #8
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
Contra Costa County Fire Protection District Safety Tier A N/A 35.85% N/A 36.52% 0.9762
Contra Costa County Fire Protection District Safety Tier D 25.06% 34.13% 0.9803
Contra Costa County Fire Protection District Safety Tier E 25.41% 32.42% 0.9785
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• Contra Costa County Fire Protection District
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier A Enhanced (3% @ 50)
• Tier D (2.7% @ 57)
• Tier E (2.7% @ 57)
419
Exhibit 9
Page 9
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #9
Basic COLA Non-
Refundability
Factor Cost Group #9
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
County Safety Tier C N/A 35.81% N/A 24.34% 0.9712
County Safety Tier E 27.64% 23.42% 0.9761
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• County Safety (Members hired on or after January 1, 2007)
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier C Enhanced (3% @ 50)
• Tier E (2.7% @ 57)
420
Exhibit 10
Page 10
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #10
Basic COLA Non-
Refundability
Factor Cost Group #10
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
Moraga-Orinda Fire Protection District Safety Tier A N/A 42.08% N/A 49.22% 0.9732
Moraga-Orinda Fire Protection District Safety Tier D 33.25% 47.56% 0.9781
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• Moraga-Orinda Fire Protection District
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier A Enhanced (3% @ 50)
• Tier D (2.7% @ 57)
421
Exhibit 11
Page 11
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #11
Basic COLA Non-
Refundability
Factor Cost Group #11
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
San Ramon Valley Fire Protection District Safety Tier A N/A 37.13% N/A 20.27% 0.9769
San Ramon Valley Fire Protection District Safety Tier D 24.15% 16.79% 0.9804
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• San Ramon Valley Fire Protection District
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier A Enhanced (3% @ 50)
• Tier D (2.7% @ 57)
422
Exhibit 12
Page 12
Contra Costa County Employees’ Retirement Association
Employer Contribution Rates Effective for July 1, 2024 through June 30, 2025 for Cost Group #12
Basic COLA Non-
Refundability
Factor Cost Group #12
In Social
Security 1
Not In Social
Security 2
In Social
Security1
Not In Social
Security2
Rodeo-Hercules Fire Protection District Safety Tier A N/A 56.54% N/A 35.95% 0.9824
Rodeo-Hercules Fire Protection District Safety Tier D 50.20% 34.45% 0.9803
Basic rates shown include an administrative expense load of 0.63% of payroll.
Employers:
• Rodeo-Hercules Fire Protection District
1 If employer is in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17)
compensation limit, if applicable.
2 For legacy tier, applies to employer who is not in Social Security and the rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. For PEPRA tier, applies to
all employers and the rate should be applied to all compensation up to the applicable annual Gov. Code 7522.10(d) compensation limit.
Tiers:
• Tier A Non-Enhanced (2% @ 50)
• Tier D (2.7% @ 57)
423
Exhibit A
Page 13
General Cost Group #1 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Basic 2
COLA
Total
Entry Age
In Social
Security
Not In Social
Security
In Social
Security
Not In Social
Security
15 5.44% 5.43% 2.80% 8.24% 8.23%
16 5.54% 5.53% 2.86% 8.40% 8.39%
17 5.64% 5.63% 2.91% 8.55% 8.54%
18 5.74% 5.73% 2.97% 8.71% 8.70%
19 5.84% 5.83% 3.03% 8.87% 8.86%
20 5.94% 5.93% 3.08% 9.02% 9.01%
21 6.05% 6.04% 3.15% 9.20% 9.19%
22 6.16% 6.15% 3.21% 9.37% 9.36%
23 6.26% 6.25% 3.27% 9.53% 9.52%
24 6.38% 6.37% 3.33% 9.71% 9.70%
25 6.49% 6.48% 3.40% 9.89% 9.88%
26 6.60% 6.59% 3.46% 10.06% 10.05%
27 6.72% 6.71% 3.53% 10.25% 10.24%
28 6.84% 6.83% 3.60% 10.44% 10.43%
29 6.96% 6.95% 3.66% 10.62% 10.61%
30 7.09% 7.08% 3.74% 10.83% 10.82%
31 7.21% 7.20% 3.81% 11.02% 11.01%
32 7.34% 7.33% 3.88% 11.22% 11.21%
33 7.47% 7.46% 3.95% 11.42% 11.41%
34 7.61% 7.60% 4.03% 11.64% 11.63%
35 7.75% 7.74% 4.11% 11.86% 11.85%
36 7.89% 7.88% 4.19% 12.08% 12.07%
37 8.03% 8.02% 4.27% 12.30% 12.29%
38 8.18% 8.17% 4.36% 12.54% 12.53%
39 8.34% 8.33% 4.45% 12.79% 12.78%
40 8.49% 8.48% 4.53% 13.02% 13.01%
41 8.64% 8.63% 4.62% 13.26% 13.25%
42 8.80% 8.79% 4.71% 13.51% 13.50%
43 8.95% 8.94% 4.79% 13.74% 13.73%
44 9.11% 9.10% 4.88% 13.99% 13.98%
45 9.27% 9.26% 4.98% 14.25% 14.24%
46 9.43% 9.42% 5.07% 14.50% 14.49%
47 9.59% 9.58% 5.16% 14.75% 14.74%
48 9.75% 9.74% 5.25% 15.00% 14.99%
49 9.89% 9.88% 5.33% 15.22% 15.21%
50 10.04% 10.03% 5.41% 15.45% 15.44%
51 10.20% 10.19% 5.50% 15.70% 15.69%
52 10.36% 10.35% 5.59% 15.95% 15.94%
53 10.52% 10.51% 5.69% 16.21% 16.20%
54 10.66% 10.65% 5.77% 16.43% 16.42%
55 10.80% 10.79% 5.84% 16.64% 16.63%
56 10.91% 10.90% 5.91% 16.82% 16.81%
57 10.90% 10.89% 5.90% 16.80% 16.79%
58 10.84% 10.83% 5.87% 16.71% 16.70%
59 10.60% 10.59% 5.73% 16.33% 16.32%
60 & Over 10.60% 10.59% 5.73% 16.33% 16.32%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 56.80% applied to Basic Rates prior to adjustment for administrative expenses
1 For members in Social Security, the “In Social Security” rate should only be applied to monthly compensation in excess of $116.67. All rates
should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
2 The Basic Rate for members in Social Security is increased by 0.01% to account for the administrative expense rate of 0.50% that is applicable to
the first $116.67 of compensation.
424
Exhibit B
Page 14
General Cost Group #2 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Basic 2
COLA
Total
Entry Age
In Social
Security
Not In Social
Security
In Social
Security
Not In Social
Security
15 5.43% 5.42% 2.43% 7.86% 7.85%
16 5.53% 5.52% 2.48% 8.01% 8.00%
17 5.63% 5.62% 2.53% 8.16% 8.15%
18 5.73% 5.72% 2.58% 8.31% 8.30%
19 5.83% 5.82% 2.63% 8.46% 8.45%
20 5.93% 5.92% 2.67% 8.60% 8.59%
21 6.04% 6.03% 2.73% 8.77% 8.76%
22 6.14% 6.13% 2.78% 8.92% 8.91%
23 6.25% 6.24% 2.83% 9.08% 9.07%
24 6.36% 6.35% 2.89% 9.25% 9.24%
25 6.47% 6.46% 2.94% 9.41% 9.40%
26 6.59% 6.58% 3.00% 9.59% 9.58%
27 6.71% 6.70% 3.06% 9.77% 9.76%
28 6.83% 6.82% 3.12% 9.95% 9.94%
29 6.95% 6.94% 3.18% 10.13% 10.12%
30 7.07% 7.06% 3.24% 10.31% 10.30%
31 7.20% 7.19% 3.30% 10.50% 10.49%
32 7.33% 7.32% 3.37% 10.70% 10.69%
33 7.46% 7.45% 3.43% 10.89% 10.88%
34 7.59% 7.58% 3.49% 11.08% 11.07%
35 7.73% 7.72% 3.56% 11.29% 11.28%
36 7.87% 7.86% 3.63% 11.50% 11.49%
37 8.02% 8.01% 3.71% 11.73% 11.72%
38 8.16% 8.15% 3.78% 11.94% 11.93%
39 8.31% 8.30% 3.85% 12.16% 12.15%
40 8.47% 8.46% 3.93% 12.40% 12.39%
41 8.62% 8.61% 4.00% 12.62% 12.61%
42 8.78% 8.77% 4.08% 12.86% 12.85%
43 8.93% 8.92% 4.16% 13.09% 13.08%
44 9.09% 9.08% 4.23% 13.32% 13.31%
45 9.25% 9.24% 4.31% 13.56% 13.55%
46 9.41% 9.40% 4.39% 13.80% 13.79%
47 9.57% 9.56% 4.47% 14.04% 14.03%
48 9.72% 9.71% 4.55% 14.27% 14.26%
49 9.88% 9.87% 4.62% 14.50% 14.49%
50 10.02% 10.01% 4.69% 14.71% 14.70%
51 10.18% 10.17% 4.77% 14.95% 14.94%
52 10.34% 10.33% 4.85% 15.19% 15.18%
53 10.49% 10.48% 4.93% 15.42% 15.41%
54 10.63% 10.62% 4.99% 15.62% 15.61%
55 10.76% 10.75% 5.06% 15.82% 15.81%
56 10.85% 10.84% 5.10% 15.95% 15.94%
57 10.90% 10.89% 5.13% 16.03% 16.02%
58 10.85% 10.84% 5.10% 15.95% 15.94%
59 10.31% 10.30% 4.84% 15.15% 15.14%
60 & Over 10.31% 10.30% 4.84% 15.15% 15.14%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 49.35% applied to Basic Rates prior to adjustment for administrative expenses
1 For members in Social Security, the “In Social Security” rate should only be applied to monthly compensation in excess of $116.67. All rates
should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
2 The Basic Rate for members in Social Security is increased by 0.01% to account for the administrative expense rate of 0.50% that is applicable to
the first $116.67 of compensation.
425
Exhibit C
Page 15
General Cost Group #3 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Entry Age Basic COLA Total
15 5.64% 2.86% 8.50%
16 5.74% 2.92% 8.66%
17 5.84% 2.97% 8.81%
18 5.95% 3.03% 8.98%
19 6.05% 3.09% 9.14%
20 6.16% 3.15% 9.31%
21 6.27% 3.21% 9.48%
22 6.38% 3.27% 9.65%
23 6.49% 3.33% 9.82%
24 6.61% 3.40% 10.01%
25 6.73% 3.47% 10.20%
26 6.85% 3.54% 10.39%
27 6.97% 3.60% 10.57%
28 7.09% 3.67% 10.76%
29 7.22% 3.74% 10.96%
30 7.35% 3.81% 11.16%
31 7.48% 3.89% 11.37%
32 7.61% 3.96% 11.57%
33 7.75% 4.04% 11.79%
34 7.89% 4.11% 12.00%
35 8.03% 4.19% 12.22%
36 8.18% 4.28% 12.46%
37 8.33% 4.36% 12.69%
38 8.48% 4.44% 12.92%
39 8.64% 4.53% 13.17%
40 8.80% 4.62% 13.42%
41 8.96% 4.71% 13.67%
42 9.12% 4.80% 13.92%
43 9.28% 4.89% 14.17%
44 9.44% 4.98% 14.42%
45 9.60% 5.07% 14.67%
46 9.77% 5.16% 14.93%
47 9.93% 5.25% 15.18%
48 10.09% 5.34% 15.43%
49 10.24% 5.42% 15.66%
50 10.40% 5.51% 15.91%
51 10.55% 5.59% 16.14%
52 10.69% 5.67% 16.36%
53 10.85% 5.76% 16.61%
54 11.00% 5.85% 16.85%
55 11.16% 5.93% 17.09%
56 11.21% 5.96% 17.17%
57 11.17% 5.94% 17.11%
58 11.03% 5.86% 16.89%
59 10.48% 5.56% 16.04%
60 & Over 10.48% 5.56% 16.04%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 55.67% applied to Basic Rates prior to adjustment for administrative expenses
1 All rates should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
426
Exhibit D
Page 16
General Cost Group #4 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Basic 2
COLA
Total
Entry Age
In Social
Security
Not In Social
Security
In Social
Security
Not In Social
Security
15 5.44% 5.43% 2.74% 8.18% 8.17%
16 5.54% 5.53% 2.80% 8.34% 8.33%
17 5.64% 5.63% 2.85% 8.49% 8.48%
18 5.74% 5.73% 2.91% 8.65% 8.64%
19 5.84% 5.83% 2.96% 8.80% 8.79%
20 5.94% 5.93% 3.02% 8.96% 8.95%
21 6.05% 6.04% 3.08% 9.13% 9.12%
22 6.16% 6.15% 3.14% 9.30% 9.29%
23 6.26% 6.25% 3.20% 9.46% 9.45%
24 6.38% 6.37% 3.26% 9.64% 9.63%
25 6.49% 6.48% 3.33% 9.82% 9.81%
26 6.60% 6.59% 3.39% 9.99% 9.98%
27 6.72% 6.71% 3.45% 10.17% 10.16%
28 6.84% 6.83% 3.52% 10.36% 10.35%
29 6.96% 6.95% 3.59% 10.55% 10.54%
30 7.09% 7.08% 3.66% 10.75% 10.74%
31 7.21% 7.20% 3.73% 10.94% 10.93%
32 7.34% 7.33% 3.80% 11.14% 11.13%
33 7.47% 7.46% 3.87% 11.34% 11.33%
34 7.61% 7.60% 3.95% 11.56% 11.55%
35 7.75% 7.74% 4.03% 11.78% 11.77%
36 7.89% 7.88% 4.10% 11.99% 11.98%
37 8.03% 8.02% 4.18% 12.21% 12.20%
38 8.18% 8.17% 4.27% 12.45% 12.44%
39 8.34% 8.33% 4.36% 12.70% 12.69%
40 8.49% 8.48% 4.44% 12.93% 12.92%
41 8.64% 8.63% 4.52% 13.16% 13.15%
42 8.80% 8.79% 4.61% 13.41% 13.40%
43 8.95% 8.94% 4.69% 13.64% 13.63%
44 9.11% 9.10% 4.78% 13.89% 13.88%
45 9.27% 9.26% 4.87% 14.14% 14.13%
46 9.43% 9.42% 4.96% 14.39% 14.38%
47 9.59% 9.58% 5.05% 14.64% 14.63%
48 9.75% 9.74% 5.14% 14.89% 14.88%
49 9.89% 9.88% 5.22% 15.11% 15.10%
50 10.04% 10.03% 5.30% 15.34% 15.33%
51 10.20% 10.19% 5.39% 15.59% 15.58%
52 10.36% 10.35% 5.48% 15.84% 15.83%
53 10.52% 10.51% 5.57% 16.09% 16.08%
54 10.66% 10.65% 5.65% 16.31% 16.30%
55 10.80% 10.79% 5.72% 16.52% 16.51%
56 10.91% 10.90% 5.78% 16.69% 16.68%
57 10.90% 10.89% 5.78% 16.68% 16.67%
58 10.84% 10.83% 5.75% 16.59% 16.58%
59 10.60% 10.59% 5.61% 16.21% 16.20%
60 & Over 10.60% 10.59% 5.61% 16.21% 16.20%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 55.62% applied to Basic Rates prior to adjustment for administrative expenses
1 For members in Social Security, the “In Social Security” rate should only be applied to monthly compensation in excess of $116.67. All rates
should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
2 The Basic Rate for members in Social Security is increased by 0.01% to account for the administrative expense rate of 0.50% that is applicable to
the first $116.67 of compensation.
427
Exhibit E
Page 17
General Cost Group #5 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Entry Age Basic COLA Total
15 5.43% 2.93% 8.36%
16 5.53% 2.99% 8.52%
17 5.63% 3.05% 8.68%
18 5.73% 3.11% 8.84%
19 5.83% 3.17% 9.00%
20 5.93% 3.23% 9.16%
21 6.04% 3.29% 9.33%
22 6.15% 3.36% 9.51%
23 6.25% 3.42% 9.67%
24 6.37% 3.49% 9.86%
25 6.48% 3.55% 10.03%
26 6.59% 3.62% 10.21%
27 6.71% 3.69% 10.40%
28 6.83% 3.76% 10.59%
29 6.95% 3.83% 10.78%
30 7.08% 3.91% 10.99%
31 7.20% 3.98% 11.18%
32 7.33% 4.06% 11.39%
33 7.46% 4.14% 11.60%
34 7.60% 4.22% 11.82%
35 7.74% 4.30% 12.04%
36 7.88% 4.39% 12.27%
37 8.02% 4.47% 12.49%
38 8.17% 4.56% 12.73%
39 8.33% 4.65% 12.98%
40 8.48% 4.74% 13.22%
41 8.63% 4.83% 13.46%
42 8.79% 4.93% 13.72%
43 8.94% 5.02% 13.96%
44 9.10% 5.11% 14.21%
45 9.26% 5.21% 14.47%
46 9.42% 5.30% 14.72%
47 9.58% 5.40% 14.98%
48 9.74% 5.49% 15.23%
49 9.88% 5.58% 15.46%
50 10.03% 5.66% 15.69%
51 10.19% 5.76% 15.95%
52 10.35% 5.85% 16.20%
53 10.51% 5.95% 16.46%
54 10.65% 6.03% 16.68%
55 10.79% 6.12% 16.91%
56 10.90% 6.18% 17.08%
57 10.89% 6.18% 17.07%
58 10.83% 6.14% 16.97%
59 10.59% 6.00% 16.59%
60 & Over 10.59% 6.00% 16.59%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 59.44% applied to Basic Rates prior to adjustment for administrative expenses
1 All rates should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
428
Exhibit F
Page 18
General Cost Group #6 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Basic 2
COLA
Total
Entry Age
In Social
Security
Not In Social
Security
In Social
Security
Not In Social
Security
15 6.19% 6.18% 2.58% 8.77% 8.76%
16 6.30% 6.29% 2.63% 8.93% 8.92%
17 6.41% 6.40% 2.68% 9.09% 9.08%
18 6.53% 6.52% 2.73% 9.26% 9.25%
19 6.64% 6.63% 2.78% 9.42% 9.41%
20 6.76% 6.75% 2.83% 9.59% 9.58%
21 6.88% 6.87% 2.89% 9.77% 9.76%
22 7.00% 6.99% 2.94% 9.94% 9.93%
23 7.13% 7.12% 3.00% 10.13% 10.12%
24 7.26% 7.25% 3.06% 10.32% 10.31%
25 7.39% 7.38% 3.12% 10.51% 10.50%
26 7.52% 7.51% 3.18% 10.70% 10.69%
27 7.65% 7.64% 3.24% 10.89% 10.88%
28 7.79% 7.78% 3.30% 11.09% 11.08%
29 7.93% 7.92% 3.36% 11.29% 11.28%
30 8.08% 8.07% 3.43% 11.51% 11.50%
31 8.23% 8.22% 3.50% 11.73% 11.72%
32 8.38% 8.37% 3.57% 11.95% 11.94%
33 8.53% 8.52% 3.64% 12.17% 12.16%
34 8.69% 8.68% 3.71% 12.40% 12.39%
35 8.85% 8.84% 3.78% 12.63% 12.62%
36 9.02% 9.01% 3.86% 12.88% 12.87%
37 9.17% 9.16% 3.93% 13.10% 13.09%
38 9.34% 9.33% 4.00% 13.34% 13.33%
39 9.50% 9.49% 4.08% 13.58% 13.57%
40 9.68% 9.67% 4.16% 13.84% 13.83%
41 9.84% 9.83% 4.23% 14.07% 14.06%
42 10.00% 9.99% 4.30% 14.30% 14.29%
43 10.18% 10.17% 4.39% 14.57% 14.56%
44 10.33% 10.32% 4.45% 14.78% 14.77%
45 10.49% 10.48% 4.53% 15.02% 15.01%
46 10.64% 10.63% 4.59% 15.23% 15.22%
47 10.82% 10.81% 4.68% 15.50% 15.49%
48 10.97% 10.96% 4.74% 15.71% 15.70%
49 11.13% 11.12% 4.82% 15.95% 15.94%
50 11.30% 11.29% 4.89% 16.19% 16.18%
51 11.38% 11.37% 4.93% 16.31% 16.30%
52 11.42% 11.41% 4.95% 16.37% 16.36%
53 11.32% 11.31% 4.90% 16.22% 16.21%
54 10.93% 10.92% 4.73% 15.66% 15.65%
55 10.93% 10.92% 4.73% 15.66% 15.65%
56 10.93% 10.92% 4.73% 15.66% 15.65%
57 10.93% 10.92% 4.73% 15.66% 15.65%
58 10.93% 10.92% 4.73% 15.66% 15.65%
59 10.93% 10.92% 4.73% 15.66% 15.65%
60 & Over 10.93% 10.92% 4.73% 15.66% 15.65%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 45.35% applied to Basic Rates prior to adjustment for administrative expenses
1 For members in Social Security, the “In Social Security” rate should only be applied to monthly compensation in excess of $116.67. All rates
should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
2 The Basic Rate for members in Social Security is increased by 0.01% to account for the administrative expense rate of 0.50% that is applicable to
the first $116.67 of compensation.
429
Exhibit G
Page 19
Safety Cost Group #7 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Entry Age Basic COLA Total
15 9.90% 6.64% 16.54%
16 9.90% 6.64% 16.54%
17 9.90% 6.64% 16.54%
18 9.90% 6.64% 16.54%
19 9.90% 6.64% 16.54%
20 9.90% 6.64% 16.54%
21 9.90% 6.64% 16.54%
22 10.06% 6.75% 16.81%
23 10.21% 6.86% 17.07%
24 10.37% 6.97% 17.34%
25 10.53% 7.09% 17.62%
26 10.70% 7.21% 17.91%
27 10.87% 7.33% 18.20%
28 11.05% 7.45% 18.50%
29 11.23% 7.58% 18.81%
30 11.39% 7.69% 19.08%
31 11.55% 7.81% 19.36%
32 11.71% 7.92% 19.63%
33 11.89% 8.05% 19.94%
34 12.07% 8.17% 20.24%
35 12.25% 8.30% 20.55%
36 12.44% 8.43% 20.87%
37 12.65% 8.58% 21.23%
38 12.85% 8.72% 21.57%
39 13.06% 8.87% 21.93%
40 13.29% 9.03% 22.32%
41 13.53% 9.20% 22.73%
42 13.78% 9.38% 23.16%
43 14.00% 9.54% 23.54%
44 14.17% 9.66% 23.83%
45 14.24% 9.71% 23.95%
46 14.28% 9.73% 24.01%
47 14.27% 9.73% 24.00%
48 14.09% 9.60% 23.69%
49 & Over 13.63% 9.28% 22.91%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 70.64% applied to Basic Rates prior to adjustment for administrative expenses
1 All rates should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
430
Exhibit H
Page 20
Safety Cost Group #8 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Entry Age Basic COLA Total
15 9.88% 6.70% 16.58%
16 9.88% 6.70% 16.58%
17 9.88% 6.70% 16.58%
18 9.88% 6.70% 16.58%
19 9.88% 6.70% 16.58%
20 9.88% 6.70% 16.58%
21 9.88% 6.70% 16.58%
22 10.04% 6.81% 16.85%
23 10.19% 6.92% 17.11%
24 10.35% 7.03% 17.38%
25 10.51% 7.15% 17.66%
26 10.68% 7.27% 17.95%
27 10.85% 7.39% 18.24%
28 11.02% 7.51% 18.53%
29 11.20% 7.64% 18.84%
30 11.36% 7.76% 19.12%
31 11.52% 7.87% 19.39%
32 11.69% 7.99% 19.68%
33 11.86% 8.11% 19.97%
34 12.04% 8.24% 20.28%
35 12.23% 8.38% 20.61%
36 12.42% 8.51% 20.93%
37 12.62% 8.66% 21.28%
38 12.83% 8.81% 21.64%
39 13.04% 8.96% 22.00%
40 13.26% 9.11% 22.37%
41 13.51% 9.29% 22.80%
42 13.74% 9.46% 23.20%
43 13.95% 9.61% 23.56%
44 14.14% 9.74% 23.88%
45 14.20% 9.78% 23.98%
46 14.22% 9.80% 24.02%
47 14.29% 9.85% 24.14%
48 13.95% 9.61% 23.56%
49 & Over 13.66% 9.40% 23.06%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 71.42% applied to Basic Rates prior to adjustment for administrative expenses
1 All rates should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
431
Exhibit I
Page 21
Safety Cost Group #9 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Entry Age Basic COLA Total
15 9.50% 4.19% 13.69%
16 9.50% 4.19% 13.69%
17 9.50% 4.19% 13.69%
18 9.50% 4.19% 13.69%
19 9.50% 4.19% 13.69%
20 9.50% 4.19% 13.69%
21 9.50% 4.19% 13.69%
22 9.65% 4.26% 13.91%
23 9.80% 4.33% 14.13%
24 9.95% 4.40% 14.35%
25 10.11% 4.47% 14.58%
26 10.27% 4.54% 14.81%
27 10.43% 4.62% 15.05%
28 10.59% 4.69% 15.28%
29 10.75% 4.77% 15.52%
30 10.90% 4.84% 15.74%
31 11.05% 4.91% 15.96%
32 11.21% 4.98% 16.19%
33 11.38% 5.06% 16.44%
34 11.55% 5.14% 16.69%
35 11.72% 5.22% 16.94%
36 11.90% 5.30% 17.20%
37 12.09% 5.39% 17.48%
38 12.28% 5.48% 17.76%
39 12.48% 5.57% 18.05%
40 12.68% 5.66% 18.34%
41 12.88% 5.76% 18.64%
42 13.05% 5.84% 18.89%
43 13.14% 5.88% 19.02%
44 13.21% 5.91% 19.12%
45 13.18% 5.90% 19.08%
46 13.05% 5.84% 18.89%
47 12.78% 5.71% 18.49%
48 13.19% 5.90% 19.09%
49 & Over 13.70% 6.14% 19.84%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 46.51% applied to Basic Rates prior to adjustment for administrative expenses
1 All rates should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
432
Exhibit J
Page 22
Safety Cost Group #10 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Entry Age Basic COLA Total
15 9.88% 6.71% 16.59%
16 9.88% 6.71% 16.59%
17 9.88% 6.71% 16.59%
18 9.88% 6.71% 16.59%
19 9.88% 6.71% 16.59%
20 9.88% 6.71% 16.59%
21 9.88% 6.71% 16.59%
22 10.04% 6.83% 16.87%
23 10.19% 6.94% 17.13%
24 10.35% 7.05% 17.40%
25 10.51% 7.17% 17.68%
26 10.68% 7.29% 17.97%
27 10.85% 7.41% 18.26%
28 11.02% 7.53% 18.55%
29 11.20% 7.66% 18.86%
30 11.36% 7.77% 19.13%
31 11.52% 7.89% 19.41%
32 11.69% 8.01% 19.70%
33 11.86% 8.13% 19.99%
34 12.04% 8.26% 20.30%
35 12.23% 8.40% 20.63%
36 12.42% 8.53% 20.95%
37 12.62% 8.68% 21.30%
38 12.83% 8.83% 21.66%
39 13.04% 8.98% 22.02%
40 13.26% 9.13% 22.39%
41 13.51% 9.31% 22.82%
42 13.74% 9.48% 23.22%
43 13.95% 9.63% 23.58%
44 14.14% 9.76% 23.90%
45 14.20% 9.81% 24.01%
46 14.22% 9.82% 24.04%
47 14.29% 9.87% 24.16%
48 13.95% 9.63% 23.58%
49 & Over 13.66% 9.42% 23.08%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 71.58% applied to Basic Rates prior to adjustment for administrative expenses
1 All rates should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
433
Exhibit K
Page 23
Safety Cost Group #11 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Entry Age Basic COLA Total
15 10.13% 6.91% 17.04%
16 10.13% 6.91% 17.04%
17 10.13% 6.91% 17.04%
18 10.13% 6.91% 17.04%
19 10.13% 6.91% 17.04%
20 10.13% 6.91% 17.04%
21 10.13% 6.91% 17.04%
22 10.29% 7.02% 17.31%
23 10.45% 7.14% 17.59%
24 10.61% 7.25% 17.86%
25 10.78% 7.37% 18.15%
26 10.95% 7.49% 18.44%
27 11.12% 7.62% 18.74%
28 11.30% 7.74% 19.04%
29 11.48% 7.87% 19.35%
30 11.64% 7.99% 19.63%
31 11.81% 8.11% 19.92%
32 11.98% 8.23% 20.21%
33 12.16% 8.36% 20.52%
34 12.34% 8.49% 20.83%
35 12.52% 8.62% 21.14%
36 12.72% 8.76% 21.48%
37 12.93% 8.91% 21.84%
38 13.13% 9.06% 22.19%
39 13.35% 9.21% 22.56%
40 13.57% 9.37% 22.94%
41 13.82% 9.55% 23.37%
42 14.06% 9.72% 23.78%
43 14.28% 9.88% 24.16%
44 14.45% 10.00% 24.45%
45 14.51% 10.05% 24.56%
46 14.51% 10.05% 24.56%
47 14.53% 10.06% 24.59%
48 14.23% 9.85% 24.08%
49 & Over 13.65% 9.43% 23.08%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 71.71% applied to Basic Rates prior to adjustment for administrative expenses
1 All rates should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
434
Exhibit L
Page 24
Safety Cost Group #12 Non-PEPRA Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
Entry Age Basic COLA Total
15 10.02% 5.29% 15.31%
16 10.02% 5.29% 15.31%
17 10.02% 5.29% 15.31%
18 10.02% 5.29% 15.31%
19 10.02% 5.29% 15.31%
20 10.02% 5.29% 15.31%
21 10.02% 5.29% 15.31%
22 10.17% 5.38% 15.55%
23 10.33% 5.47% 15.80%
24 10.49% 5.55% 16.04%
25 10.66% 5.65% 16.31%
26 10.82% 5.74% 16.56%
27 11.00% 5.84% 16.84%
28 11.17% 5.93% 17.10%
29 11.35% 6.03% 17.38%
30 11.52% 6.13% 17.65%
31 11.68% 6.22% 17.90%
32 11.85% 6.31% 18.16%
33 12.03% 6.41% 18.44%
34 12.20% 6.51% 18.71%
35 12.39% 6.61% 19.00%
36 12.59% 6.72% 19.31%
37 12.79% 6.83% 19.62%
38 12.99% 6.94% 19.93%
39 13.21% 7.07% 20.28%
40 13.43% 7.19% 20.62%
41 13.67% 7.32% 20.99%
42 13.93% 7.47% 21.40%
43 14.13% 7.58% 21.71%
44 14.29% 7.67% 21.96%
45 14.40% 7.73% 22.13%
46 14.36% 7.71% 22.07%
47 14.40% 7.73% 22.13%
48 14.16% 7.59% 21.75%
49 & Over 13.47% 7.21% 20.68%
Administrative Expense: 0.50% of payroll added to Basic Rates
COLA Loading: 55.60% applied to Basic Rates prior to adjustment for administrative expenses
1 All rates should be applied to compensation up to the annual IRC 401(a)(17) compensation limit, if applicable.
435
Exhibit M
Page 25
PEPRA Tier Member Contribution Rates
Effective for July 1, 2024 through June 30, 2025
Expressed as a Percentage of Monthly Payroll1
General Tiers Basic COLA Total
Cost Group #1 – PEPRA Tier 4 (2% COLA) 9.09% 2.09% 11.18%
Cost Group #1 – PEPRA Tier 4 (3% COLA) 9.36% 3.15% 12.51%
Cost Group #2 – PEPRA Tier 5 (2% COLA) 8.47% 1.90% 10.37%
Cost Group #2 – PEPRA Tier 5 (3%/4% COLA) 8.58% 2.84% 11.42%
Cost Group #3 – PEPRA Tier 4 (3% COLA) 8.60% 3.00% 11.60%
Cost Group #4 – PEPRA Tier 4 (3% COLA) 9.17% 3.10% 12.27%
Cost Group #5 – PEPRA Tier 4 (2% COLA) 10.16% 2.33% 12.49%
Cost Group #5 – PEPRA Tier 4 (3% COLA) 11.28% 3.85% 15.13%
Cost Group #6 – PEPRA Tier 4 (3% COLA) 11.01% 3.68% 14.69%
Safety Tiers Basic COLA Total
Cost Group #7 – PEPRA Tier D 14.55% 6.02% 20.57%
Cost Group #8 – PEPRA Tier D 12.81% 5.39% 18.20%
Cost Group #8 – PEPRA Tier E 13.16% 3.68% 16.84%
Cost Group #9 – PEPRA Tier E 13.74% 3.82% 17.56%
Cost Group #10 – PEPRA Tier D 13.52% 5.70% 19.22%
Cost Group #11 – PEPRA Tier D 11.81% 4.98% 16.79%
Cost Group #12 – PEPRA Tier D 12.99% 5.49% 18.48%
Administrative Expense: 0.50% of payroll added to Basic Rates
1 All rates should be applied to all compensation (whether or not in Social Security) up to the applicable annual Gov. Code 7522.10(d)
compensation limit.
436
CONTRA COSTA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION
Page 26
SUBVENTION
All rates are shown as a percent of payroll.
Employee contribution rates vary depending upon their tier and age at entry. To compute the exact
subvention percent for each employee, do the following:
Employee rate: Decrease the employee’s rate by the subvention percent (i.e. 25%, 50%, etc.).
Employer rate: Increase the employer’s rate by a percent of the employee’s decrease using the
applicable non-refundability factor (found on Exhibits 1 through 12).
EXAMPLE FOR COST GROUP #3 LEGACY MEMBERS:
If the subvention percent is 25%, and the employee’s rate is 6.00%,
Employee rates should be decreased by 1.50% (25% × 6.00%)
Employer rate should be increased by 1.44% (1.50% × 0.9628)
Please note that for PEPRA members, subvention is generally not permitted. The standard under Gov. Code
§7522.30(a) is that employees pay at least 50 percent of normal costs and that employers not pay any of the
required employee contribution, but there are some exceptions. Gov. Code §7522.30(f) allows the terms
(regarding the employee’s required contribution) of a contract, including a memorandum of understanding,
that is in effect on January 1, 2013, to continue through the length of a contract. This means that it is possible
that an employer will subvent a portion of a PEPRA member’s required contribution until the expiration date
of the current contract, so long as it has been determined that the contract has been impaired.
CAUTION – these rates are for employer subvention of up to one-half the member contribution under Gov.
Code §31581.1, NOT employer pick-up of employee contribution rates. When an employer subvents, the
contribution subvented is not placed in the member’s account and is therefore not available to the member as
a refund. For this reason, the employer pays the contribution at a discount (i.e. “Non-Refundability Factor”).
Employer pick-ups of employee contributions are those made under Gov. Code §31581.2 and Internal
Revenue Code §414 (h)(2) for the sole purpose of deferring income tax. These contributions are added to the
member’s account, are available to the member as a refund and are considered by CCCERA as part of the
member’s compensation for retirement purposes.
EMPLOYEE PAYMENT OF EMPLOYER COST
There are several reasons why the attached contribution rates may need to be adjusted to increase the
employee portion including the following:
Gov. Code §31631 allows for members to pay all or part of the employer contributions.
Gov. Code §31639.95 allows for Safety members to pay a portion of the employer cost for the “3% at 50”
enhanced benefit.
Gov. Code §7522.30(c) requires that an employee’s contribution rate be at least equal to that of similarly
situated employees.
437
CONTRA COSTA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION
Page 27
Gov. Code §7522.30(e) allows the employee contributions to be more than one-half of the normal cost rate if
the increase has been agreed to through the collective bargaining process.
If you need to increase the employee contribution rate for any reason, you will need to adjust both employee
and employer rates as follows:
Employee rate: Increase the employee’s rate by the desired percent of payroll.
Employer rate: Decrease the employer’s rate by a percent of the cost-sharing percent of payroll using the
applicable non-refundability factor.
EXAMPLE FOR COST GROUP #11 LEGACY MEMBERS:
If the required increase in the employee rate is 8.00%,
Employee rates should be increased by 8.00%.
Employer rate should be decreased by 7.82% (8.00% × 0.9769)
PREPAYMENT DISCOUNT FACTOR FOR 2024-2025
Employer Contribution Prepayment Program & Discount Factor for 2024-2025 is 0.9707
If you are currently participating in the prepayment program and wish to continue, you do not need to do
anything other than prepay the July 1, 2024 through June 30, 2025 contributions on or before July 31, 2024. If
you wish to start participating, please contact the Accounting Department at CCCERA by March 31, 2024.
The discount factor is calculated assuming the prepayment will be received on July 31 in accordance with Gov.
Code §31582(b) in lieu of 12 equal payments due at the end of each month in accordance with Gov. Code
§31582(a). The discount factor for the fiscal year July 1, 2024 through June 30, 2025 will be 0.9707 based on
the interest assumption of 6.75% per annum. It is calculated by discounting each of the 12 equal payments
back to the date that the prepayment is made and is the sum of the discount factors shown in the table below
divided by 12. Each of the discount factors below is based on how many months early the payment is made.
Payment Number
Number of Months
Payment is Made Early Discount Factor
1 0 1.0000
2 1 0.9946
3 2 0.9892
4 3 0.9838
5 4 0.9785
6 5 0.9732
7 6 0.9679
8 7 0.9626
9 8 0.9574
10 9 0.9522
11 10 0.9470
12 11 0.9419
Sum of Discount Factors Divided by 12: 0.9707
438
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-303 Agenda Date:9/12/2023 Agenda #:
C.26.
To:Board of Supervisors
From:Thomas Geiger, County Counsel
Report Title:AMENDMENT TO CONTRACT WITH BAKER & O’BRIEN, INC. FOR PROFESSIONAL
SERVICES
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Counsel, or designee, to execute on behalf of the County, an
amendment with Baker & O'Brien, Inc., to increase the payment limit by $100,000, to a new payment limit of
$700,000, with no change to the term, to provide refining industry analyses in connection with refinery
property tax appeals.
FISCAL IMPACT:
100% General Fund. The cost of this contract will be partially offset by revenue generated by Property Tax
Administration Charges.
BACKGROUND:
Baker & O'Brien, Inc. is a consultant for refinery industry analyses and provides the County with specialized
consulting services with respect to the refining industry and refineries in defending actual and anticipated
assessment appeals, which challenge the valuations of the taxable property of refineries in Contra Costa
County. These appeals typically place several billion dollars of valuation at issue. Assistance is required
because valuations of refineries are highly technical, requiring specialized knowledge that only industry experts
have. The Assessor concurs with and supports this recommendation.
CONSEQUENCE OF NEGATIVE ACTION:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
powered by Legistar™439
File #:23-303 Agenda Date:9/12/2023 Agenda #:
C.26.
If the contract is not approved, there is a greatly increased possibility of very significant but presently
unquantifiable impacts due to adverse decisions by the Assessment Appeals Board on large refinery valuation
disputes.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
cc: Rebecca Hooley, Assistant County Counsel; Bob Campbell, Auditor-Controller; Peter Yu, Assessor’s Office
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
powered by Legistar™440
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-371 Agenda Date:9/12/2023 Agenda #:
C.27.
To:Board of Supervisors
From:Diana Becton, District Attorney
Report Title:Permanent Vehicle Donation from the National Insurance Crime Bureau (NICB) for the District
Attorney’s Office Use.
RECOMMENDATIONS:
RATIFY the District Attorney's Office execution of a vehicle donation agreement, with the National Insurance
Crime Bureau, to accept a 2018 Jeep Grand Cherokee vehicle with an estimated Kelley Blue Book value of
$85,013.
FISCAL IMPACT:
The District Attorney’s Office will absorb any vehicle maintenance and other fleet charges in their current and
ongoing budget allocations. There is no impact to the County General Fund.
BACKGROUND:
The National Insurance Crime Bureau has donated a vehicle to the Contra Costa County, District Attorney's
Office to be used for the purpose of vehicle identification training in the Special Investigative Unit. The Public
Works Department will service the vehicle for maintenance needs.
CONSEQUENCE OF NEGATIVE ACTION:
If unapproved, the District Attorney's Office will be unable to receive the vehicle donation.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-545 Agenda Date:9/12/2023 Agenda #:
C.28.
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:California Department of Aging Agreement MI-2324-07 for Medicare Improvement for Patients and
Providers Act Funding
RECOMMENDATIONS:
ADOPT a Resolution to approve and authorize the Employment and Human Services Director, or designee, to
accept funding from, and execute contract MI-2324-07 with, the California Department of Aging in the amount
not to exceed $68,938 to provide Medicare Improvement for Patients and Providers Act services for the period
September 1, 2023 through August 31, 2024.
FISCAL IMPACT:
County to receive $68,983 from California Department of Aging for contract agreement MI-2324-07 for
Medicare Improvement for Patients and Providers Ace (MIPPA). Term of this agreement is from September 1,
2023 through August 31, 2024. All of which is budgeted in FY 2023-24. Funding is 100% Federal (AL
#93.071) and no county match is required.
BACKGROUND:
The Employment and Human Services Department (EHSD), Area Agency on Aging (AAA), provides services
through the Health Insurance Counseling and Advocacy Program (HICAP), to assist Contra Costa older adults
and persons with disabilities understand their Medicare and other health insurance benefits and help with
enrollment. California Department of Aging (CDA) has allocated the AAA $68,938 in federal Medicare
Improvement for Patients and Providers Act (MIPPA) funding to support HICAP in providing community
education, conduct outreach to lower-income beneficiaries to help reduce their Medicare premiums and
deductible and become informed about Medicare wellness preventative services, prescription drug subsidy
programs, and other Medicare savings plans.
CONSEQUENCE OF NEGATIVE ACTION:
Without MIPPA funding, EHSD would not be able to reach, educate, and help enroll eligible Medicare
beneficiaries lower their premiums and deductibles, which disproportionately impacts lower-income, limited
English-proficient, and minority older adults and persons with disabilities.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:RES 23-545 Agenda Date:9/12/2023 Agenda #:
C.28.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF: California Department of Aging for Medicare Improvement for Patients and Providers
Act (MIPPA) funding.
WHEREAS: Employment and Human Services Department, Area Agency on Aging, shall receive Federal
funding for direct services through the Health Insurance Counseling and Advocacy Program (HICAP), and
WHEREAS: California Department of Aging made MIPPA funding available for the period September 1, 2023
through August 31, 2024 to assist with reaching, educating, and helping enroll lower-income, limited English-
proficient, and minority Medicare eligible beneficiaries.
NOW, THEREFORE, BE IT RESOLVED: The Contra Costa County Board of Supervisors approve and
authorize the Employment and Human Services Director, or designee, to sign the agreement with the California
Department of Aging and accept funding in an amount not to exceed $68,938 for Agreement MI-2324-07 to
deliver MIPPA Services in Contra Costa County for the period September 1, 2023 through August 31, 2024.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:RES 23-545 Agenda Date:9/12/2023 Agenda #:
C.28.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-304 Agenda Date:9/12/2023 Agenda #:
C.29.
To:Board of Supervisors
From:Family & Human Services Committee
Report Title:SNAP/CalFRESH Program Annual Update
RECOMMENDATIONS:
ACCEPT status report on CalFresh participation, updates on the CalFresh benefit enhancements and
expansions, as well as outreach efforts, as presented by the Employment and Human Services Department
(EHSD) to the Family and Human Services Committee.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
The SNAP Program was originally referred to the Family and Human Services Committee by the Board of
Supervisors on February 15, 2011. This program was formerly known as Food Stamps and is currently known
as the Federal Supplemental Nutrition Assistance Program (SNAP). In California, the name of the program is
CalFresh.
EHSD has presented periodic status reports to the Family and Human Services (FHS) Committee related to
concerns about extended wait times for benefits and the anticipated impact of the expansion of CalFresh
benefits to SSI (Supplemental Security Income/Supplementary Payments) recipients effective June 1, 2019.
EHSD staff provided updates to the FHS Committee on July 25, 2022 and the report was forwarded to the
Board of Supervisors and approved at its November 1, 2022 meeting.
At the June 26, 2023 FHS meeting,EHSD staff provided an update on the CalFresh benefit enhancements and
expansions and ongoing program outreach efforts. The Committee accepted the report and approved staff
forwarding it to the Board of Supervisors for its information, after the department adds information regarding
updated legislation and CalFresh approval and denial rates. The attached report provides the department’s
updates as requested by FHS.
CONSEQUENCE OF NEGATIVE ACTION:
This report will not be received.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-304 Agenda Date:9/12/2023 Agenda #:
C.29.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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Marla Stuart, Employment and Human Services Director
Tracy Murray, Workforce Services Director
info@ehsd.cccounty.us | 925-608-4800
July 2022 – April 2023 CalFresh Report
June 26, 2023
1 452
Table of Contents
•Community Need
•Customer Service
•Legislation
2 453
Community Need
3 454
CPI Jan 2016 to Apr 2023
4Source: Bureau Labor Statistics Consumer Price Index 455
App Trends Jul ‘05-Apr ‘23
5
SSI Cash
Out /
CalFresh
Expansion
Onset
of
COVIDOnset of Great
Recession
Historic
High
Source: CalWIN for applications data through January 2023, CalSAWS for applications data from February to April
2023; Census ACS 5-Year Table DP05 for Contra Costa population counts; Population counts for 2021 (latest available
from Census) used for 2021, 2022, and 2023
456
App Approval Rate Jul ‘22-Apr ‘23
6* Note: Approval Rate is the number of CF approvals in a given month divided by the number of CF apps received in a month
Source: CalWIN for applications data through January 2023, CalSAWS for applications data from February to April 2023
457
Top Denial Reasons Mar-Apr ‘23
7* Note: Approval Rate is the number of CF approvals in a given month divided by the number of CF apps received in a month
Source: CalWIN for applications data through January 2023, CalSAWS for applications data from February to April 2023
Top Denial Reasons
March & April 2023
Category March
2023
April
2023
Missed CF
Application
Interview
737
(40%)
683
(35%)
Failed to
Provide All
Application
Documentation
222
(12%)
285
(15%)
Over Income 159
(9%)
185
(10%)
No Eligible
Member
138
(8%)
125
(6%)
Application
Opened in
Error
101
(6%)
124
(6%)
458
Households by District Feb 2023
8Source: CalWIN
District 1
District 5
District 4
District 3
District 2
459
Issuances by District Feb 2023
9Source: CalWIN 460
Age: CF Individuals Feb 2023
10Source: CalWIN 461
Race: CF Individuals Feb 2023
11Source: CalWIN 462
Public Charge Rule Change Impacts
12* Note: Mixed-status households are households which have at least one non-citizen and one citizen.
Source: CalWIN
Public Charge
rule changes
introduced in
2017 had the
biggest impact
on CalFresh
households with
at least one non-
citizen.
Enrollment for
those
households has
started to
recover since
rule change was
reversed March
2021.
New Public Charge rule changes discussed, proposed, and took effect March 2021: Public Charge rule returned to prior status
463
Customer Service
13 464
CF App Processing Jul ‘16-Feb ‘23
14
96.8%96.2%96.2%97.9%97.3%98.5%
89.7%95.6%94.9%90.7%93.7%89.6%92.9%90%
0.00%
50.00%
100.00%
Percent of Expedited CalFresh Benefits Processed in 3 Days
97.0%96.0%98.0%98.0%94.0%92.0%
81.0%
92.0%96.0%94.0%95.0%91.0%
71.4%
90%
0.00%
50.00%
100.00%Jul-16Sep-16Nov-16Jan-17Mar-17May-17Jul-17Sep-17Nov-17Jan-18Mar-18May-18Jul-18Sep-18Nov-18Jan-19Mar-19May-19Jul-19Sep-19Nov-19Jan-20Mar-20May-20Jul-20Sep-20Nov-20Jan-21Mar-21May-21Jul-21Sep-21Nov-21Jan-22Mar-22May-22Jul-22Sep-22Nov-22Jan-23Percent of CalFresh Applications Processed in 30 Days
% Processed Timely Mandate
Source: CalWIN 465
Legislation
15 466
Legislation
16
1. CalFresh Administration
Funding
•Methodology for CalFresh Administration funding was
updated in the FY 2023-2024 Budget, following
extensive advocacy efforts by counties, including Contra
Costa.
•The result is an estimated CalFresh Administration
funding increase of 18% for FY 2023-24 compared to FY
2022-23.
2. Fiscal Responsibility Act (FRA) of 2023:
“Debt Ceiling Bill” H.R. 3746
SNAP (CalFresh) Provisions. All sunset
October 1, 2030.
•Limits Exemptions for Able Bodied Adults without
Dependents (ABAWDs) Subject to Work Requirements:
•Current ABAWD Work Requirements: Age 18 –49 --->
New: Age 18 through 54 (until age 55)
•Ages 50 up to 55 will be phased in, by age, over 3
Federal Fiscal Years (2023, 2024, 2025)
•California’s current statewide waiver remains valid
until October 31, 2024
•Number of current Contra Costa CalFresh enrollees age
50 through 54 = 4,099 Individuals in August 28, 2023
•Adds Exemptions for 3 New Groups
•Individuals experiencing homelessness
•Veterans
•Individuals aged 24 or under and in Foster Care on
their 18th birthday = 148 individuals in August 28, 2023
•Limits State Exemptions
•Beginning October 1, 2023, the average monthly
discretionary exemptions by state cannot exceed 8% of
covered individuals in the state (previously 12%). Also
limits state’s ability to carry over unused discretionary
exemptions
3. Farm Bill Reauthorization
2023
•SNAP (CalFresh in California) and other nutrition
programs represent nearly 80% of spending in the Farm
Bill.
•Current authorization expires September 30, 2023.
Passage before year-end is in doubt. Short-term
extensions may be required through end of 2023 –or
early 2024.
•Debt Ceiling Bill negotiations included solidifying SNAP
provisions for two years. However, several U.S. House
representatives are seeking further work requirements
or cuts to the SNAP program in the 2023 Farm Bill.
Source:
2) HR3746, “Debt Ceiling Bill” Signed 6.3.23
3) USDA Economic Research Service 2.7.23
467
Marla Stuart, MSW PhD
Director
info@ehsd.cccounty.us | 925-608-4800
Discussion
2023 CalFresh Report, June 26, 2023
17 468
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-305 Agenda Date:9/12/2023 Agenda #:
C.30.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:CONTINUE EXTENSION OF EMERGENCY DECLARATION REGARDING
HOMELESSNESS
RECOMMENDATIONS:
CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999
regarding the issue of homelessness in Contra Costa County.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of
Government Code Section 8630 on homelessness in Contra Costa County. Government Code Section 8630
requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least
every 60 days until the local emergency is terminated. The Board of Supervisors last reviewed and continued
the emergency declaration on July 11, 2023.
With the continuing high number of homeless individuals and insufficient funding available to assist in
sheltering all homeless individuals and families, the emergency situation still exists and it is, therefore,
appropriate for the Board to continue the declaration of a local emergency regarding homelessness.
CONSEQUENCE OF NEGATIVE ACTION:
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-305 Agenda Date:9/12/2023 Agenda #:
C.30.
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-546 Agenda Date:9/12/2023 Agenda #:
C.31.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Designation of Facilities and Qualified Professionals Authorized to Detain Persons Under
Welfare and Institutions Code Section 5000 et seq.
RECOMMENDATIONS:
ADOPT Resolution No. 2023/ rescinding the previous designation and making a new designation to include the
Contra Costa Youth Stabilization Unit as a facility designated for involuntary detention as well as to add
additional qualified mental health professionals, including those contracted to provide mobile behavioral health
services, as personnel authorized to involuntarily detain persons in order to provide evaluation and treatment
services as required under Welfare and Institutions Code Section 5000 et. Seq., and the Lanterman-Petris Short
Act.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
This proposed resolution would supersede Resolution #2012/425. It adds the Contra Costa Youth Stabilization
Unit located at 25 Allen Street in Martinez as a designated facility for involuntary psychiatric detention in
Contra Costa County. This resolution also authorizes additional qualified providers to include: licensed clinical
counselors, registered associate marriage and family counselors, registered associate social workers, registered
associate clinical counselors, and waivered clinical psychologists. Additionally, this resolution authorizes the
qualified staff of certified community based non-profit organizations contracted with Contra Costa Health -
Behavioral Health Services to deliver mobile behavioral health services to include: licensed psychiatrists,
licensed psychologists, licensed social workers, licensed marriage and family counselors, licensed professional
clinical counselors, licensed mental health nurse practitioners, and licensed clinical nurse specialists. The
proposed resolution has completed review with County Counsel.
CONSEQUENCE OF NEGATIVE ACTION:
This designation would not be extended to the Contra Costa Youth Stabilization Unit and persons in need of
services would not receive them at the most appropriate facility.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 4
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File #:RES 23-546 Agenda Date:9/12/2023 Agenda #:
C.31.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
SUBJECT: Designation of Specific Facilities and Individuals Under Welfare & Institutions Code Section 5000
et. seq. and Rescission of All Previous Board Resolutions Pertaining to Welfare and Institutions Code Section
5000 et seq., known as the Lanterman-Petris-Short Act.
I.Rescission is made to all previous Board resolutions, and or amendments, pertaining to the Welfare and
Institutions Code Section 5000 et seq., and the Lanterman-Petris-Short Act.
II.Under California Law, Welfare and Institutions Code Section 5000 et seq., provides that the Board of
Supervisors designate facilities that are authorized to involuntarily detain persons in order to provide
evaluation and treatment services, and intensive treatment, and that such facilities be approved by the
State Department of Mental Health. The Board designates the following hospitals as facilities for
involuntary psychiatric detention:
A. Contra Costa Regional Medical Center 2500 Alhambra Ave., Martinez, California 94553
B. John Muir Behavioral Health Center 2740 Grant St., Concord, California 94520
C. Napa State Hospital 2100 Napa-Vallejo Highway, Napa, California 94558
D. Contra Costa Youth Stabilization Unit 25 Allen Street, Martinez, California 94553
III.Under California Law, Welfare and Institutions Code Section 5150, provision is made that the following
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 4
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File #:RES 23-546 Agenda Date:9/12/2023 Agenda #:
C.31.
persons may, upon probable cause, take a person into custody, or cause the person to be taken into
custody, and place the person in a facility designated by the County and approved by the State
Department of Mental Health as a facility for 72-hour evaluation and treatment. The persons who may
take such actions include:
A. Peace officers, including park peace officers and regional park peace officers.
B. A member of the attending staff of the evaluation facility (so designated by the County) who is
authorized to admit a person involuntarily. [California Code of Regulations, Title 9, Section 823 et seq.]
C. As designated by the Local Mental Health Director, qualified mental health professionals of Contra
Costa Health - Behavioral Health Services, including licensed psychiatrists, licensed psychologists,
licensed clinical social workers, licensed marriage and family therapists, licensed professional clinical
counselors, licensed registered nurses, licensed psychiatric technicians, licensed mental health nurse
practitioners, licensed clinical nurse specialists, registered associate marriage and family counselors,
registered associate social workers, registered associate professional clinical counselors, and waivered
clinical psychologists. [California Code of Regulations, Title 9, Section 622 et seq.]
D. As designated by the Mental Health Director, qualified licensed health professionals of specified
local hospitals located within Contra Costa County (Kaiser Permanente Medical Centers, John Muir
Medical Centers, Sutter Delta Medical Center, Doctors Medical Center) inclusive of emergency
department licensed physicians; licensed psychiatrists; licensed psychologists, licensed social workers,
licensed mental health nurse practitioners and licensed clinical nurse specialists.
E. As designated by the Local Mental Health Director, qualified licensed mental health professionals of
Medi-Cal certified community based, non-profit organizations contracted with Contra Costa Health -
Behavioral Health Services to deliver mobile behavioral health crisis services, including licensed
psychiatrists, licensed psychologists, licensed clinical social workers, licensed marriage and family
counselors, licensed professional clinical counselors, licensed registered nurses, licensed psychiatric
technicians, licensed mental health nurse practitioner, and licensed clinical nurse specialists. (California
Code of Regulations, Title 9, Section 622 et seq.)
IV.For Designees herein, all rights and procedural protection of clients are to be strictly adhered to as
outlined in the Welfare and Institutions Code, in state and federal judicial decisions interpreting these
statutes, and all other federal and state statutes and regulations, including reporting obligations.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 4
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File #:RES 23-546 Agenda Date:9/12/2023 Agenda #:
C.31.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 4 of 4
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-306 Agenda Date:9/12/2023 Agenda #:
C.32.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Payments for Services Provided by Bay Area Community Services, Inc. (BACS)
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller,or designee,to pay an amount not to exceed $326,305.17
to Bay Area Community Services,Inc.(BACS),a non-profit corporation,for the provision of Delta Landing
Interim Housing Program which provides interim housing for homeless adults during the months of May and
June 2023, as recommended by the Health Services Director.
FISCAL IMPACT:
Payment of $326,305.17 is funded 100% by Project Roomkey California.
BACKGROUND:
BACS operates a 172-room,low-barrier,permanent housing-focused interim housing program serving
homeless adults over 18 years of age living in East Contra Costa County without custody of minor children at
2101 Loveridge Road in Pittsburg,CA.Contractor provides staffing twenty-four (24)hours a day,seven (7)
days a week which includes coordinating admissions and exits,coordinating meal services,providing onsite
wellness checks and ensuring individuals have their basic needs met with clothes, food, and hygiene supplies.
On October 4,2022,the Board of Supervisors approved County Contract #25-090-1 with Bay Area Community
Services,Inc.(BACS)in an amount not to exceed $3,443,765 to operate the Delta Landing Interim Housing
Program which provides interim housing for homeless adults over 18 years of age living in East Contra Costa
County for the period of April 1, 2022 through June 30, 2023.
Due to unanticipated increases in operating expenses such as food,Health,Housing and Homeless Services
Division (H3)and BACS have been working since February 2023 to create budget projections that fit current
resources and adjust service expectations.Therefore,ongoing negotiations between H3 and BACS resulted in
delays in requesting a contract amendment in a timely manner.
As requested by the County,BACS provided additional interim housing services in good faith.H3
Administration has therefore determined that BACS is entitled to a payment of $326,305.17 for the reasonable
value of their services under the equitable relief theory of quantum meruit.That theory provides that where a
person has been asked to provide services without a valid contract,and the provider does so to the benefit of the
recipient, the provider is entitled to recover reasonable value of those services.
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File #:23-306 Agenda Date:9/12/2023 Agenda #:
C.32.
CONSEQUENCE OF NEGATIVE ACTION:
BACS will not be paid for interim housing services rendered in good faith.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-307 Agenda Date:9/12/2023 Agenda #:
C.33.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Extension Agreement #28-850-5 with the California Department of Public Health
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Standard Agreement #28-850-5 (#22-10784,A1)with the California Department of Public Health,to extend the
term date from December 31,2023 through May 31,2024,with no change in the amount payable to the County
of $396,014, for continuation the Enhance Integration: Guide to HIV Prevention and Surveillance Project.
FISCAL IMPACT:
Approval of this Extension Agreement will result in no change to the amount payable to the County not to
exceed $396,014 from the California Department of Public Health. No County funds are required.
BACKGROUND:
The goal of the Enhance Integration:Guide to HIV Prevention and Surveillance Project include:1)strengthen
disease investigation infrastructure;2)expand and provide navigation services;and 3)expand access to syringe
services for people who inject drugs.
On March 21,2023,the Board of Supervisors approved Standard Agreement #28-850-4 with California
Department of Public Health,in an amount not to exceed $396,014 for County’s HIV prevention services to
Contra Costa County residents, for the period from January 1, 2023 through December 31, 2023.
Approval of Extension Agreement #28-850-5 will allow the County to continue to receive funds to support the
Enhance Integration Project through May 31,2024.This agreement includes including continuing to indemnify
and hold the State harmless for claims arising out of the County’s performance under the Agreement.
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File #:23-307 Agenda Date:9/12/2023 Agenda #:
C.33.
CONSEQUENCE OF NEGATIVE ACTION:
If this extension is not approved,County will not be able to provide support to reduce transmission of HIV,
reduce hospitalization and support to HIV positive individuals to live at home through May 31, 2024.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-308 Agenda Date:9/12/2023 Agenda #:
C.34.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Grant Award #29-338-29 from the Department of Health Care Services, Children’s Medical
Services
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to accept on behalf of the County
Grant Award #29-338-29 with the Department of Health Care Services, Children’s Medical Services, to pay the
County in an amount not to exceed $1,368,536, for the Child Health and Disability Prevention (CHDP), the
Health Care Program for Children in Foster Care (HCPCFC) and Psychotropic Medication Management and
Monitoring Oversight (PMM&O) activities, for the period from July 1, 2023 through June 30, 2024.
FISCAL IMPACT:
Approval of this grant award will result in $1,368,536 of funding from the California Department of Health
Care Services for the CHDP, HCPCFC and PMM&O projects. A match of $224,037 from the County General
Fund is required.
BACKGROUND:
The CHDP Program carries out State mandates regarding early and periodic screening, diagnosis and treatment
and case coordination of health and dental services for children on Medi-Cal or within the 200% poverty level.
These services are federally required and consistent with approved standards of medical practice. The CHDP
program is responsible for provider certifications, network and resource development, training, outreach, care
coordination, follow up and communications with medical and dental providers.
This program works closely with community providers, other health related agencies, Managed Care, County
Departments including Employment and Human Services, Probation, and Community Services as well as other
Health Services Divisions to provide a wide variety of health-related consultation services. The County has
been part of this program since 1980.
The goal of the Program is to provide access to Contra Costa County low-income children for periodic wellness
care, provide further diagnosis and treatment for medical and dental problems found, assist with enrollment into
a comprehensive plan, provide case coordination, follow up, and liaison to various resources, and provide case
management and payment for care for children ages 0-21. The HCPCFC program carries out federal and state
mandates for children in foster care and the juvenile justice system. PMM&O provides administrative public
health nursing oversight of psychotropic medications for children in foster care and the juvenile justice system.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-308 Agenda Date:9/12/2023 Agenda #:
C.34.
On March 31, 2023, the Board of Supervisors approved Grant Award #29-338-28 with the Department of
Health Care Services, Children’s Medical Services, in an amount not to exceed $1,365,577, for the period from
July 1, 2022 through June 30, 2023.
Approval of Grant Award #29-338-29 will allow for the continuation of this long standing state and federal
funding that supports these ongoing Public Health Programs: CHDP, HCPCFC and PMM&O through June 30,
2024. The Grant Award was received from DHCS in July 2023 by Public Health Division staff.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, the County will not receive funding to support the CHDP, HCPCFC and the
PMM&O programs to comply with State and Federal requirements.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-309 Agenda Date:9/12/2023 Agenda #:
C.35.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Novation Contract #74-379-15 with People Who Care Children Association
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Novation Contract #74-379-15 with People Who Care Children Association,a non-profit corporation,in an
amount not to exceed $389,542,to provide Mental Health Services Act (MHSA)Prevention and Early
Intervention (PEI)services to the at-risk youth of East Contra Costa County,for the period from July 1,2023
through June 30, 2024.
FISCAL IMPACT:
Approval of this contract will result in annual expenditures of up to $389,542 and will be funded as budgeted
by the department in FY 2023-24, 100% by Mental Health Services Act - PEI funds. (Rate increase)
BACKGROUND:
This Novation contract meets the social needs of county’s population by providing work experience for 200
multicultural youth residing in the Pittsburg/Bay Point communities,as well as programs aimed at increasing
educational success among youth who are either at-risk or high-risk of dropping out of school,or committing a
repeat offense.People Who Care Children Association has been providing MHSA PEI services since July 1,
2009.
On October 4,2022,the Board of Supervisors approved Novation Contract #74-379-13 with People Who Care
Children Association,in an amount not to exceed $243,790,to provide MHSA PEI services for the period July
1,2023 through June 30,2023,which included a six-month automatic extension through December 31,2023,
in an amount not to exceed $121,895.
On October 25,2022,the Board of Supervisors approved Amendment Agreement #74-379-14 with People Who
Care Children Association,effective November 1,2022,to amend Novation Contract #74-379-13 to increase
the payment limit by $115,701 from $243,790 to a new payment limit of $359,491,with no change in the
original term of July 1,2022 through June 30,2023,and to increase the automatic extension payment limit by
$57,851 from $121,895 to a new payment limit of $179,746 through December 31, 2023.
Approval of Novation Contract #74-379-15 replaces the automatic extension under the prior contract and
allows the contractor to continue providing MHSA PEI services through June 30, 2024.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-309 Agenda Date:9/12/2023 Agenda #:
C.35.
CONSEQUENCE OF NEGATIVE ACTION:
If this MHSA PEI contract is not approved,at-risk youth from East Contra Costa County will have reduced
access to job training and other programs, aimed at increasing educational success.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-310 Agenda Date:9/12/2023 Agenda #:
C.36.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Novation Contract #74-405-13 with LAO Family Community Development Inc.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Novation Contract #74-405-13 with LAO Family Community Development Inc.,a non-profit corporation,in an
amount not to exceed $216,395,to provide Mental Health Services Act (MHSA)Prevention and Early
Intervention (PEI)services for diverse refugee,immigrant,limited English and low income U.S.born
community members in Contra Costa County for the period from July 1, 2023 through June 30, 2024.
FISCAL IMPACT:
Approval of this contract will result in budgeted expenditures of up to $216,395 for FY 2023-2024 and will be
funded 100% by Mental Health Services Act revenues. (No rate increase)
BACKGROUND:
This Novation Contract meets the social needs of county’s population by providing MHSA PEI services to the
underserved Asian and Southeast Asian immigrant and refugee population in Contra Costa County.These
services are aimed to help support older adults and their families by strengthening their communication and
positively impacting the health and mental health of program participants.The contractor has been providing
these MHSA PEI services since July 2010.
On October 4,2022,the Board of Supervisors approved Novation Contract #74-405-12 with LAO Family
Community Development Inc.,in an amount not to exceed $208,073,for the provision of MHSA PEI services
to the underserved Asian and Southeast Asian older adults and families in Contra Costa County for the period
from July 1,2022 through June 30,2023,which included a six-month automatic extension through December
31, 2023 in an amount not to exceed $104,036.
Approval of Novation Contract #74-405-13 replaces the automatic extension under the prior contract and
allows the contractor to continue providing services through June 30, 2024.
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File #:23-310 Agenda Date:9/12/2023 Agenda #:
C.36.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved,effective implementation of MHSA PEI services and support programs will be
delayed leading to reduced level of services for county’s mental health clients.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-372 Agenda Date:9/12/2023 Agenda #:
C.37.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Gift Cards for Consumer Participation of Mental Health Services Act -Prop 63
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase, on behalf of the Health Services
Director, 500 Albertsons gift cards each with a $30 value with a five percent discount totaling $14,250 to be
used as an incentive for consumer participation in Mental Health Services Act-Prop 63 (MHSA) planning
processes.
FISCAL IMPACT:
The $14,250 expenditure will be funded by MHSA-Prop 63 funding. There is no impact to the County General
Fund.
BACKGROUND:
Proposition 63, the Mental Health Services Act, was passed by voters on November 2, 2004. This proposition
imposes an additional 1% tax on taxable personal income above $1 million to provide dedicated funding for
expansion of mental health services and programs. Gift Cards are provided to mental health consumers and
family members as an incentive for ongoing and meaningful participation and involvement as full partners in
the MHSA planning processes, from the inception of the planning through implementation and evaluation of
identified activities.
State Department of Mental Health Letter Number 05-01 requires the participation of mental health consumers
and family members in these processes. Additionally, counties must continue to be engaged in ongoing
community planning processes for MHSA annual plan updates and for any new MHSA plan. As such, to obtain
broader stakeholder input, gift cards allow the county to provide a way to reward those mental health
consumers and their family members who so willingly volunteer many hours to participate in the myriad of
MHSA planning processes.
Gift cards help offset potential costs and financial burden associated with meeting participation including, but
not limited to transportation and meals. The gift cards will be administered in accordance with the requirements
outlined in Administrative Bulletin #615.
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File #:23-372 Agenda Date:9/12/2023 Agenda #:
C.37.
CONSEQUENCE OF NEGATIVE ACTION:
If there are no incentives available, consumer and family member participation and involvement may decrease
during the Community Program Planning Process, which is a required component for the Mental Health
Services Act (MHSA) Three-Year Program and Expenditure Plan.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-373 Agenda Date:9/12/2023 Agenda #:
C.38.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Transportation Vouchers for California Children’s Services
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase, on behalf of the Health Services
Director, transportation vouchers in an amount not to exceed $500 for medically fragile children served by the
California Children’s Services (CCS) program, for the period of September 15, 2023 through June 30, 2024.
FISCAL IMPACT:
The expenditure will be funded by 78.6% Federal, 12.5% State and 8.9% County funding and is included in the State
approved budget, using Cost Center 5890.
BACKGROUND:
Contra Costa California Children’s Services (CCS) provides medical case management, payment authorization,
and rehabilitation services for CCS eligible children with significant and chronic physically debilitating
medical conditions. The program approves and pays for maintenance and transportation services when the cost
to the client or family presents a barrier to access authorized CCS care. As necessary, CCS will coordinate the
transportation needs of medically fragile children that have a need for transportation to/from medical
appointments.
Health and Safety Code, Section 123800 et seq. is the enabling statute for the California Children’s Services
(CCS) program. The explicit legislative intent of the program is to provide necessary medical services for
children with CCS medically eligible conditions whose parents are unable to pay for these services, wholly or
in part.
The CCS program is mandated by the Welfare and Institutions Code and the California Code of Regulations
(Title 22, Section 51013) to act as an “agent of Medi-Cal” for Medi-Cal beneficiaries with CCS medically
eligible conditions. Medi-Cal is required to refer all CCS-eligible clients to CCS for case management services
and authorization for treatment. The statute also requires all CCS applicants who may be eligible for the Medi-
Cal program to apply for Medi-Cal.
Transportation Voucher amounts to be purchased are as follows: County Connection - $225 (60 day passes at
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File #:23-373 Agenda Date:9/12/2023 Agenda #:
C.38.
$3.75 each); Tri Delta Transit - $275 (10 booklets at $27.50).
CONSEQUENCE OF NEGATIVE ACTION:
If these purchases are not approved, the CCS program would not be fulfilling the goals outlined by the program
policy nor would it be providing services necessary for medically complex needs children to receive health
care.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-311 Agenda Date:9/12/2023 Agenda #:
C.39.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Contract #74-174-47 with Bi-Bett
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74
-174-47 with Bi-Bett, a non-profit corporation, in an amount not to exceed $5,223,727, to provide substance use disorder
prevention, treatment, and detoxification services for county residents referred through the Behavioral Health Access
Line, for the period from July 1, 2023 through June 30, 2024.
FISCAL IMPACT:
Approval of this contract will result in budgeted expenditures of up to $5,223,727 and will be funded by 23% Substance
Abuse Treatment and Prevention Block Grant ($1,201,458); 72% Federal Medi-Cal ($3,761,083); 4% Assembly Bill 109
($208,949) and 1% Early and Periodic Screening, Diagnosis and Treatment ($52,237) revenues. (Rate increase)
BACKGROUND:
The Behavioral Health Services Department has been contracting with Bi-Bett since May 2002 to provide substance use
disorder treatment services for county residents referred through the Behavioral Health Access Line.This contract meets
the social needs of county’s population by providing specialized substance use disorder treatment services so that men
and women,including women with children,are provided an opportunity to achieve and maintain sobriety and to
experience the associated benefits of self-sufficiency,family reunification,cessation of criminal activity and productive
engagement in the community.This contractor was approved by the Public Works Department’s Purchasing Division on
August 22,2023.Contractor was selected as they are the only Community Based Organization that serves each
geographic location where the services are delivered and the only credentialed vendor for detoxification services,a highly
specialized service modality. They meet all regulatory compliance required of managed care plans.
On July 26,2022,the Board of Supervisors approved Contract #74-174-46,with Bi-Bett,in an amount not to exceed
$5,229,208,to provide substance use disorder prevention,treatment,and detoxification services for county residents
referred through the Behavioral Health Access Line, for the period from July 1, 2022 through June 30, 2023.
Approval of Contract #74-174-47 will allow the contractor to continue providing substance use disorder treatment
services through June 30, 2024. The delay of this contract was due to a significant postponement in receiving the FY 2023
-24 rates for all Alcohol and Other Drugs (AODS) services from the State Department of Health Care Services.
CONSEQUENCE OF NEGATIVE ACTION:
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File #:23-311 Agenda Date:9/12/2023 Agenda #:
C.39.
If this contract is not approved, county residents referred through the Behavioral Health Access Line will not receive
substance use disorder treatment services from this contractor.
Children’s Impact Statement:
This Alcohol and Drug Abuse prevention program supports the Board of Supervisors’ “Families that are Safe, Stable, and
Nurturing” and “Communities that are Safe and Provide a High Quality of Life for Children and Families” community
outcomes by providing individual, group, and family counseling; substance abuse education; rehabilitation support
services; and substance abuse prevention services. Expected outcomes include increased knowledge about the impact of
addiction; decreased use of alcohol, tobacco and other drugs; increased use of community-based resources; and increased
school and community support for youth and parents in recovery.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-312 Agenda Date:9/12/2023 Agenda #:
C.40.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Cancelation Agreement #77-324-2 and Contract # 77-324-3 with STAT MED, P.C., A California
Medical Professional Corporation (dba STAT MED Urgent Care)
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County,as
follows:(1)Cancelation Agreement #77-324-2 with STAT MED,P.C.,A California Medical Professional
Corporation (dba STAT MED Urgent Care),a Corporation,effective on the end of business on September 30,
2023;and (2)Contract #77-324-3 with STAT MED,P.C.,A California Medical Professional Corporation (dba
STAT MED Urgent Care),a Corporation,in an amount not to exceed $4,500,000,to provide urgent care
medical services for Contra Costa Health Plan (CCHP)members,for the period October 1,2023 through
September 30, 2025 .
FISCAL IMPACT:
Approval of this contract will result in contractual service expenditures of up to $4,500,000 over a 2 year period
and will be funded 100% by Hospital Enterprise Fund II revenues. (Rate increase)
BACKGROUND:
CCHP has an obligation to provide certain specialized primary care physician health care services for its
members under the terms of their Individual and Group Health Plan membership contracts with the county.This
contractor has been a part of the CCHP Provider Network providing urgent medical care services for Contra
Costa Health Plan members since July 1, 2021.
On June 13,2023,the Board of Supervisors approved Contract #77-324-1 with STAT MED,P.C.,A California
Medical Professional Corporation (dba STAT MED Urgent Care),for the provision of urgent medical care
services for CCHP members, for the period July 1, 2023 through June 30, 2025.
In consideration of contractor’s agreement to continue providing urgent care services,and the departments need
to increase rates to maintain an adequate network for CCHP members to meet Department of Health Care
Services (DHCS)and Department of Managed Health Care (DMHC)mandates,both parties have agreed to (1)
mutual cancelation of the current contract,in accordance with General Conditions Paragraph 5 (Termination),
of the contract,(Cancelation Agreement #77-324-2)will accomplish this cancellation,and (2)establish a new
contract with the correct terms and conditions for the next two years.
Under new Contract #77-324-3,contractor will provide urgent care medical services for CCHP members with a
new term of October 1, 2023 through September 30, 2025.
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File #:23-312 Agenda Date:9/12/2023 Agenda #:
C.40.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved,certain specialized urgent care services for CCHP members under the terms of
their Individual and Group Health Plan membership contract with the county will not be provided.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-313 Agenda Date:9/12/2023 Agenda #:
C.41.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Medical Staff Appointments and Reappointments - August 2, 2023
RECOMMENDATIONS:
APPROVE the new medical staff, affiliates and tele-radiologist appointments and reappointments, additional
privileges, medical staff advancement, and voluntary resignations; and APPROVE updated Cardiology Clinical
Privileges, new Nurse Practitioner Clinical Privileges and new Physician Assistant Clinical Privileges as
recommend by the Medical Staff Executive Committee, at their August 21, 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.
The Joint Commission requires all privileging documents to be approved by the Board of Supervisors. The
Cardiology Clinical Privileges includes routine updates. The new Nurse Practitioner and Physician Assistants
Clinical Privileges documents grant privileges to perform these clinical services at CCRMC and Health
Centers. These were approved by Credentials Committee and Medical Executive Committee.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical
staff would not be appropriately credentialed and not be in compliance with The Joint Commission on
Accreditation of Healthcare Organizations.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-313 Agenda Date:9/12/2023 Agenda #:
C.41.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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A. Applications for Staff Membership
Applicant Department/ Speciality Reviewer
Bhatia, Ritwik, MD UCSF-Tele-Neurology Mbanugo
Byer, Lennox, MD UCSF-Tele-Neurology Mbanugo
Diaz, Michael, MD UCSF-Tele-Neurology Mbanugo
Goodrich, John, MD Pediatrics Mbanugo
Huang, Deborah, MD UCSF-Tele-Neurology Mbanugo
Krishnamurthy, Kamesh, MD UCSF-Tele-Neurology Mbanugo
Mayenkar, Haley, MD Psychiatry/Psychology Camodeca
Okechukwu, Enyioma, MD Emergency Medicine Mbanugo
Olengue, Ketetha, MD Psychiatry/Psychology Camodeca
Sreekrishnan, Anirudh, MD UCSF-Tele-Neurology Mbanugo
Ortiz Torres, Idelisse, MD UCSF-Tele-Neurology Mbanugo
Sanyal, Goutami, MD DFAM Mbanugo
Singh, Aman, MD Psychiatry/Psychology Camodeca
White, Natalie, MD DFAM Bhatt
Wu, Victoria, MD UCSF-Tele-Neurology Mbanugo
B. Provisional Staff: Evaluations
Provider Department
Back, Joshua, MD Emergency Department
Damento, Gena, MD Surgery
Provider Department
Matthys, Andrew, MD Internal Medicine
Sih, Allison, MD Surgery
Provider Department
Davis, Michelle, MD Emergency Department
Cubillos-Torres, Esteban, MD Emergency Department
Greene, Peter, MD Surgery
Gajendran, Viswanathan, MD Surgery
3 Month Evaluations
6 Month Evaluations
9 Month Evaluations
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 8/3/2023 1495
12 Month Evaluations
Provider Department
Kaushik, Charisma, MD Emergency Department
Militorisz, Szilvia, MD Internal Medicine
15 Month Evaluations
Provider Department
Richardson, Emma, MD DFAM
Sadarangani, Sonia, MD DFAM
Karch, David, MD Emergency Department
C. Staff Advancing to Non-Provisional
Provider Department Staff Status
Rohira, Sunil, MD Anesthesia Active
Feierabend, Susan, MD OB/GYN Active
Slawsky, Richard, MD Psychiatry/Psychology Courtesy
Villa, Catalina, MD Psychiatry/Psychology Active
Thomas, Brian E, MD Psychiatry/Psychology Active
Gandhi, Shailesh, MD Psychiatry/Psychology Active
Paul, Gregory, MD Psychiatry/Psychology Courtesy
Hendrick, Victoria, MD Psychiatry/Psychology Active
D. Biennial Reappointments
Provider Department Staff Status
Brody, David, MD Hospital Medicine A
Buckley, Robert, MD Surgery A
Deshpande, Durga, MD Pediatrics A
Ding, Ningyuan, MD Hospital Medicine A
Garcia, Darleen, DDS Dental A
Hofstadler, Guenter, MD Pediatrics ADMIN STAFF
Liebig, Robert, MD Diagnostic Imaging A
Nguyen, Michael, MD DFAM A
Okwerekwu, Jennifer, MD Psychiatry/Psychology A
Rice, Abraham, MD Pediatrics A
Stanziale, Jennifer, MD Hospital Medicine A
Sullivan, Gabriela, MD Internal Medicine A
Tzvieli, Ori, MD DFAM A
Wasserman, Ronald, MD Internal Medicine C
Watkins, Melanie, MD Psychiatry/Psychology A
Young, Howard, MD Diagnostic Imaging C
E. Biennial Renewal of Privileges-Affiliates
Provider Department Staff Category
Tizon, Janice, FNP DFAM AFF
Credentials Committee Recommendations 8/3/2023 2496
F. Biennial Reappointments for Teleradiologists (vRad)
Provider Department
Greenberg, Harvey, MD Diagnostic Imaging
Hecht, Adam, MD Diagnostic Imaging
Staib, Neil, MD Diagnostic Imaging
G. Voluntary Resignation
Provider Department
Bailey, Karla, NP DFAM
Bhat, Sudarshan, MD DFAM
Brogan, Donna, DDS Dental
Chin, Justin, DO DFAM
Cremin, Daniel, MD DFAM
Cuervo, Isabel, MD DFAM
Devries, Jennifer, MD DFAM
Frances, Catherine, DO Psychiatry/Psychology
Fujimura, Rebecca, MD DFAM
Gershenson, Jonathan, DO Diagnostic Imaging
Gonzalez, Basilia, MD DFAM
Gonzalez, Elvira, MD DFAM
Guerrero, Nery, MD DFAM
Gutierrez, Gabriel, MD DFAM
Herron, Sheryl, NP DFAM
Kane, Myriam, MD DFAM
Mendoza, Angela, MD DFAM
Milne-Price, Shauna, MD DFAM
Murrales, Sara, MD DFAM
Nguyen-Espino, Barbara, DO DFAM
Park, Olivia, MD DFAM
Perez, Megan, MD DFAM
Ray, Kyra, MD DFAM
Tafoya, Chelsea, MD Emergency Medicine
Valliani, Salimah, MD Internal Medicine
Credentials Committee Recommendations 8/3/2023 3497
CONTRA COSTA REGIONAL MEDICAL CENTER
1 | 7
CARDIOLOGY CLINICAL PRIVILEGES REV. MAY 2023
CARDIOLOGY CLINICAL PRIVILEGES
Name: ____________________________________________________________
Effective from _____/______/_____ to _______/_______/______ (for MSO staff use only)
All new applicants must meet the following requirements as approved by the governing body.
Effective: _______/_______/_______.
Initial Privileges (Initial Appointment)
Renewal of Privileges (Reappointment)
Applicant: Please check the “Requested” box for each privilege requested.
Applicants have the burden of producing information and documentation deemed adequate by the
hospital for a proper evaluation of current competence, current clinical activity, and other
qualifications, and for resolving any doubts related to qualifications for requested privileges.
Department Chair: Check the appropriate box for recommendation on the last page of this form.
If not recommended, provide the condition or explanation on the last page of this form.
Other Requirements
• This document is focused on defining qualifications related to competency to exercise
clinical privileges. The applicant must also adhere to any additional organizational,
regulatory, or accreditation requirements that the organization is obligated to meet.
• Note that privileges granted may only be exercised at the site(s) designated by CCRMC
and/or setting(s) that have sufficient space, equipment, staffing, and other resources
required to support the privilege.
498
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
2 | 7
CARDIOLOGY CLINICAL PRIVILEGES REV. MAY 2023
QUALIFICATIONS FOR CARDIOLOGY
Initial Applicants: To be eligible to apply for privileges in CARDIOLOGY, the applicant must
meet the following criteria:
1. Documentation of successful completion of an Accreditation Council for Graduate
Medical Education (ACGME) – or American Osteopathic Association (AOA)–accredited
postgraduate training program in the relevant medical specialty and successful
completion of an accredited fellowship in Cardiology.
AND
Documentation of current subspecialty certification or Board eligibility (with
achievement of certification within the required time frame set forth by the respective
Boards) leading to subspecialty certification in Cardiology by the relevant American
Board of Medical Specialties or the American Osteopathic Board.
AND
2. Documentation of required current experience: Inpatient/outpatient care to at least 500
patients with cardiovascular diseases, reflective of the scope of privileges requested,
during the past 24 months, or successful completion of an ACGME- or AOA-accredited
residency, or clinical fellowship within the past 24 months. Please provide a clinical
activity/procedure log.
AND
3. Documentation of advanced cardiac life support.
Renewal of Privileges: To be eligible to renew privileges in CARDIOLOGY, the applicant must
meet the following criteria:
1. Maintenance of Certification or Osteopathic Ongoing Certification is required.
AND
2. Current documented competence and an adequate volume of experience (500 patients)
with acceptable results, reflective of the scope of privileges requested, for the past 24
months based on results of ongoing professional practice evaluation and outcomes.
AND
3. Documentation of advanced cardiac life support.
499
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
3 | 7
CARDIOLOGY CLINICAL PRIVILEGES REV. MAY 2023
Core Privileges: Cardiovascular Disease (Cardiology)
Requested: Admit, evaluate, diagnose, treat, and provide consultation to adolescent and adult
patients presenting with diseases of the heart and blood vessels and management of complex
cardiac conditions. May provide care to patients in the intensive care setting in conformance
with unit policies. Assess, stabilize, and determine the disposition of patients with emergent
conditions consistent with medical staff policy regarding emergency and consultative call
services.
The core privileges in this specialty include the procedures on the attached procedures list and
such other procedures that are extensions of the same techniques and skills, as determined by
the department chair.
CORE PROCEDURES/TREATMENT LIST
This is not intended to be an all-encompassing procedures list. It defines the types of
activities/procedures/ privileges that the majority of practitioners in this specialty perform at this
organization and inherent activities/ procedures/privileges requiring similar skill sets and
techniques, as determined by the department chair.
To the Applicant: If you wish to exclude any procedures, based on lack of competency, please
strike through the procedures that you do not wish to request, and then initial and date.
Cardiology
• Performance of history and physical exam
• Adult transthoracic echocardiography (TTE), including Doppler and color flow
• Adult transesophageal echocardiography (TEE), including Doppler and color flow
• Ambulatory electrocardiography monitor interpretation (eg, Holter monitor, etc).
• Cardioversion, electrical
• EKG interpretation
• Insertion and management of central venous catheters, pulmonary artery catheters,
and arterial lines
• Noninvasive hemodynamic monitoring
• Exercise Treadmill testing
• Stress echocardiography (exercise and pharmacologic stress)
• Supervision of myocardial Perfusion testing: administration and monitoring of
500
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
4 | 7
CARDIOLOGY CLINICAL PRIVILEGES REV. MAY 2023
vasodilator agents (Regadenoson, Persantine, Adenosine), including interpretation of
ECG portion (does not include interpretation of imaging portion-see below)
• Transcutaneous External Pacemaker Placement
Special Non-Core Privileges (See Specific Criteria)
Non-core privileges are requested individually in addition to requesting the core. Everyone requesting non-
core privileges must meet the specific threshold criteria as applicable to the applicant.
Non-Core Privileges
❑ Transvenous pacemaker placement
❑ Pericardiocentesis
Criteria for Initial Request of each/any of the above-listed non-core privileges:
1. Successful completion of an ACGME– or AOA–accredited post graduate training program
in the relevant medical specialty and successful completion of an accredited fellowship in
Cardiology, including minimum of five cases of transvenous pacemaker placement and/or
pericardiocentesis during training or career.
AND
2. Documented current competence and evidence of the performance of at least two (2) cases
within the past five years OR performance of 10 cases historically with one (1) in the last
five years for each requested privilege; or completion of training within the past 24
months. Please provide clinical activity/procedure log for competence within the past 5
years.
Criteria for Renewal of Privileges:
Documented current competence and evidence of the performance of at least two cases
within the past five years for each requested privilege.
❑ Interpretation of myocardial perfusion studies, imaging portion
❑ Interpretation of Coronary CT angiograms including coronary calcium scoring
(limited to cardiac portion)
Criteria for Initial Request of each/any of the above-listed non-core privileges:
3. Successful completion of an ACGME– or AOA–accredited post graduate training program
in the relevant medical specialty and successful completion of an accredited fellowship in
Cardiology, including minimum of 50 interpretations of myocardial perfusion studies
501
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
5 | 7
CARDIOLOGY CLINICAL PRIVILEGES REV. MAY 2023
and/or coronary CT angiograms during training or career.
AND
4. Documented current competence and evidence of the performance of at least 5 cases of
each requested privilege within the past 24 months, or completion of training within the
past 24 months. Please provide clinical activity/procedure log.
Criteria for Renewal of Privileges:
Documented current competence and evidence of the performance of at least five (5)
cases within the past 24 months.
Administration of Sedation and Analgesia:
❑Conscious Sedation (e.g. versed, morphine, fentanyl) – DOES NOT INCLUDE USE OF
KETAMINE OR PROPOFOL
Criteria for Initial Request:
5. Successful completion of an ACGME– or AOA–accredited post graduate training program
which included training in administration of sedation and analgesia, including the necessary
airway management skills, or department-approved extra training and experience.
AND
6. Documented current competence and evidence of the performance of at least five (5) cases
(can be any combination) within the past 24 months, or completion of training within the
past 24 months. Please provide clinical activity/procedure log.
Criteria for Renewal of Privileges:
1. Documented current competence and evidence of the performance of at least 5 cases (can
be any combination) within the past 24 months.
❑ Fluoroscopy
Privilege to operate and/or supervise operation of fluoroscopy equipment.
Requirement: Current Fluoroscopy or Radiology X-Ray Supervisor and Operator Permit from
CDPH.
FOCUSED PROFESSIONAL PRACTICE EVALUATION (FPPE)
502
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
6 | 7
CARDIOLOGY CLINICAL PRIVILEGES REV. MAY 2023
for initial applicants
1. Retrospective or concurrent proctoring (chart review or direct observation) of at least 9
hospitalized patients in the care of whom the applicant significantly participated.
FPPE/proctoring must be representative of the provider’s scope of practice.
2. Concurrent proctoring (direct observation) of at least 3 different procedures that are
representative of procedures regularly preformed in the department. FPPE/proctoring must be
representative of the provider’s scope of practice.
3. FPPE/Proctoring is also required for at least one (1) procedure/case of each of the
requested non-core privileges.
4. FPPE should be concluded as soon as possible (i.e. within the first 3-4 months after
starting work at CCRMC).
5. Completed FPPE forms must be submitted to the Credentialing Office.
6. It is the applicant’s ultimate responsibility to make sure that FPPE and submission of all
required paperwork to the Credentialing Office takes place in a timely manner. Failure to
do so may result in loss or limitation of privileges.
7. For low volume providers: please see separate FPPE/proctoring guidelines.
8. For more detailed information, please see separate FPPE/proctoring guidelines.
ACKNOWLEDGMENT OF PRACTITIONER
I have requested only those privileges for which by education, training, current experience, and
documented performance I am qualified to perform and for which I wish to exercise at Contra
Costa Regional Medical Center and I understand that:
a. In exercising any clinical privileges granted, I will adhere by hospital and medical staff
policies and rules applicable generally and any applicable to the particular situation.
b. Any restriction on the clinical privileges granted to me is waived in an emergency
situation, and in such situation my actions are governed by the applicable section of the
medical staff bylaws or related documents.
Signed ________________________________________Date _____________________
503
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
7 | 7
CARDIOLOGY CLINICAL PRIVILEGES REV. MAY 2023
DEPARTMENT / DIVISION CHAIR’S RECOMMENDATION
I have reviewed the requested clinical privileges and supporting documentation for the above-
named applicant and:
Recommend All Requested Privileges
Recommend Privileges with the Following Conditions/Modifications:
Do Not Recommend the Following Requested Privileges:
Privilege Condition/Modification/Explanation
Notes:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Section Head Signature: ___________________________________Date: ________________
Department Chair Signature: ______________________________ Date: _______________
FOR MEDICAL STAFF SERVICES DEPARTMENT USE ONLY
Credentials Committee Approval Date _____________________
Temporary Privileges Date _____________________
Medical Executive Committee Approval Date _____________________
Board of Supervisors Approval Date _____________________
504
CONTRA COSTA REGIONAL MEDICAL CENTER
1/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
NURSE PRACTITIONER CLINICAL PRIVILEGES
Name:
Effective from _____/______/_____ to _______/_______/______ (for MSO staff use only)
All new applicants must meet the following requirements as approved by the governing body .
Effective: _______/_______/_______
Initial Privileges (Initial Appointment)
Renewal of Privileges (Reappointment)
Applicant: Please check the “Requested” box for each privilege requested.
Applicants have the burden of producing information and documentation deemed adequate by the
hospital for a proper evaluation of current competence, current clinical activity, and other
qualifications, and for resolving any doubts related to qualifications for requested privileges.
Department Chair: Check the appropriate box for recommendation on the last page of this form.
If not recommended, provide the condition or explanation on the last page of this form.
Other Requirements
• This document is focused on defining qualifications related to competency to exercise
clinical privileges. The applicant must also adhere to any additional organizational,
regulatory, or accreditation requirements that the organization is obligated to meet.
• Note that privileges granted may only be exercised at the site(s) designated by CCRMC
and/or setting(s) that have sufficient space, equipment, staffing, and other resources
required to support the privilege.
505
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
2/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
QUALIFICATIONS FOR ADULT MEDICINE
Initial applicants: To be eligible to apply for privileges in Ambulatory Care Adult Medicine, the
applicant must meet the following criteria:
1.Holds a certification as a nurse practitioner from a national certifying body accredited by the
National Commission for Certifying Agencies or the American Board of Nursing Specialties and
recognized by the Board. (ANCC)
AND
2.Current Basic Life Support (BLS) certification is recommended.
AND
3.Qualifications for prescriptive authority in accordance with State and federal law; California
furnishing according to protocol. [Furnishing is defined as the act of making a pharmaceutical
agent or agents available to the patient in strict accordance with standardized procedure.]
AND
4. Demonstrated current competence and provision of care, treatment, or services to a minimum
of 500 patients in the past 24 months; experience must correlate to requested privileges
Upon request, Aggregate data/procedure list/case log from primary practice facility for the
previous 24-month time period identifying those procedures that mirror, or relate, at least in part,
to those being requested.
Department Chair /Chief and/or supervising practitioner recommendation will be obtained from
primary practice facility.
Current Delineation of Privileges document from facility where majority of patient care is
provided should be submitted.
Renewal of privileges: To be eligible to renew privileges in Ambulatory Care Adult Medicine,
the applicant must meet the following criteria:
1. Documentation of Maintenance of Certification
AND
2. Current documented competence and an adequate volume of experience (500 patient
visits as the) as the provider with acceptable results, reflective of the scope of privileges
requested, for the past 24 months based on results of ongoing professional practice
evaluation and outcome.
AND
506
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
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NURSE PRACTITIONER CLINICAL PRIVILEGES
3. Current BLS certification is recommended.
Core privileges: Ambulatory Care Adult Medicine
Requested Evaluate, diagnose, treat, and provide consultation to all patients 14 years old and
above , with a wide variety of illnesses, diseases, injuries, and functional disorders of the
circulatory, respiratory, endocrine, metabolic, musculoskeletal, hematopoietic, gastroenteric,
integumentary, nervous, female reproductive and family planning, genitourinary systems, and
including mild to moderate psychiatric disorders, dependence or addiction to alcohol or other
drugs and medical management of chronic pain. Assess, stabilize, consult, and determine
disposition of patients with emergent conditions regarding emergency and consultative call
services.
The core privileges in this specialty include the procedures on the attached procedures list and
such other procedures that are extensions of the same techniques and skills.
CORE PROCEDURES/TREATMENT LIST
This is not intended to be an all-encompassing procedures list. It defines the types of
activities/procedures/privileges that majority of practitioners in this specialty perform at this
organization and inherent activities/procedures/privileges requiring similar skill sets and
techniques, as determined by the department chair.
To the applicant: If you wish to exclude any procedures, due to lack of current competency,
please strike through the procedures that you do not wish to request, and then initial and date.
Ambulatory Care Adult Medicine
• Performance of history and physical
• Arthrocentesis and Joint Injections
• Cryotherapy (removal of warts)
• Excision of cutaneous and subcutaneous lesions, tumors, and nodules and superficial
foreign body.
• Incision and drainage of abscesses
• Management of basic wound care; and superficial burns.
• Management of uncomplicated, minor, closed fractures and uncomplicated dislocations
• Performance of local anesthetic techniques
• Performance of PAP Smear
507
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
4/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
• Performance of simple skin excision and biopsy
• Peripheral nerve blocks
• Placement of anterior nasal hemostatic packing
• Removal of a nonpenetrating foreign body from the eye, nose, or ear
• Removal of IUD
• Subcutaneous, Intradermal and Intramuscular Injections
• Removal of vaginal foreign body
• Facilitate Medical Groups
• Wound Care
• Suture of uncomplicated lacerations
• Venipuncture
• POCT
Special Non-Core Privileges (See Specific Criteria)
Non-core privileges are requested individually in addition to requesting the core. Each individual
requesting non-core privileges must meet the specific threshold criteria as applicable to the
applicant or re-applicant.
Non-Core Privileges
Non-Core Privilege: Paracentesis
Requested
Criteria for Initial Request and Renewal
1. Completion of a hands-on training in paracentesis 5 cases) under the supervision of a
qualified provider preceptor
AND
2. Documented current competence and evidence of the performance of at least 2
paracentesis procedures or department-approved in-service in the past 24 months, or
completion of training in the past 24 months. Please provide clinical activity/procedure
log.
508
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
5/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
Non-Core Privilege: Insertion of IUD
Requested
Criteria for Initial Request
1. Completion of a hands-on training under the supervision of a qualified provider preceptor.
AND
2. Applicant must provide documented experience of at least 5 successful IUD insertions.
Criteria for Renewal of Privileges
Documented experience of at least 1 successful IUD insertions in the last 24 months
or Inservice Training.
Non-Core Privilege: Implantable Contraception Insertion and Removal (Nexplanon)
Requested
Criteria for Initial Request and Renewal:
Completion of the Nexplanon training program.
Please submit Training Certification.
Non-core privilege: Suction Endometrial biopsy (EMB)
Requested
Criteria for Initial Request
Certification as a Nurse Practitioner from a national certifying body accredited by the National
Commission for Certifying Agencies or the American Board of Nursing Specialties and
recognized by the Board that included training in endometrial biopsy (EMB), or completion of a
hands-on training in endometrial biopsy under the supervision of a qualified provider preceptor.
Documented experience of 4 endometrial biopsies.
Criteria for Renewal
Demonstrated experience of 1 EMB procedure in the past 24 months.
509
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
6/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
Non-Core Privilege: Incision and Drainage of Bartholin’s Gland Cyst, including Insertion
of Word’s Catheter.
Requested
Criteria for Initial Request
Demonstrated experience with Incision and Drainage of 3 Bartholin’s gland cysts, including
insertion of Word’s catheter.
Criteria for Renewal
Demonstrated experience with incision and drainage of 1 Bartholin’s gland cyst in the past 48
months.
Non-Core Privilege: Colposcopy
Requested
Criteria for initial request
Certification as a Nurse Practitioner from a national certifying body accredited by the National
Commission for Certifying Agencies or the American Board of Nursing Specialties and recognized
by the Board that included Colposcopy, Cervical Biopsy and Endocervical Curettage or
Certification Training by American Society for Colposcopy, and Cervical Pathology (ASCCP) and
experience with 30 cases under supervision with a qualified provider – preceptor.
Criteria for Renewal
Demonstration of experience with 5 cases in the past 24 months.
Non-Core privileges: HIV/AIDS care
Requested
Requirement: requirements of AB 2168 (see attached) must be met.
510
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
7/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
NURSE PRACTITIONER PEDIATRICS AND INPATIENT NEWBORN MEDICAL
CARE
QUALIFICATIONS FOR NURSE PRACTITIONER PEDIATRICS
Initial applicants: To be eligible to apply for privileges in Pediatrics, the applicant must meet the
following criteria: Certification as a Nurse Practitioner from a national certifying body accredited
by the National Commission for Certifying Agencies or the American Board of Nursing
Specialties and recognized by the Board.
1. Required current experience: Demonstrated current competence and evidence of the
provision of care, reflective of the scope of privileges requested, to at least 300 pediatric
visits in the past 48 months, or completion of training in the past 24 months.
Renewal of privileges: To be eligible to renew privileges in pediatrics, the applicant must meet the
following criteria:
1. Maintenance of Certification for NP is required.
AND
2. Demonstrated current competence and evidence of the provision of care to at least 300
pediatric visits in the past 48 months based on results of ongoing professional practice
evaluation and outcomes.
Core Privileges: Nurse Practitioner Pediatrics
Requested
Evaluate, diagnose, and treat pediatric patients who have common illnesses, injuries, or
disorders from birth to Age 21 years old. Assessment of physical, emotional, and social health,
treating acute and chronic disease, and determining the disposition of patients with emergent
conditions. The core privileges include the procedures listed below and such other procedures
that are extensions of the same techniques as determined by the Family and Adult Medicine
Department Chair.
511
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
8/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
CORE PROCEDURES/TREATMENT LIST
This is not intended to be an all-encompassing procedures list. It defines the types of
activities/procedures/privileges that the majority of practitioners in this specialty perform at this
organization and inherent activities/procedures/privileges requiring similar skill sets and
techniques as determined by the department chair.
To the applicant: If you wish to exclude any procedures, due to lack of current competency,
please strike through the procedures that you do not wish to request, and then initial and date.
Nurse Practitioner Pediatrics
• Bladder catheterization
• Cryotherapy
• Incision and drainage of abscesses
• Local anesthetic techniques
• Management of basic wound care and superficial burns.
• Management of uncomplicated, minor, closed fractures and uncomplicated
dislocations
• Performance of history and physical exam
• Performance of simple skin biopsy or excision
• Peripheral nerve blocks
• Placement of anterior nasal hemostatic packing
• Removal of non-penetrating foreign bodies from the eye, nose, and ear
• Routine care of newborns in the hospital (i.e., L&D, nursery, postpartum, etc.)
• Subcutaneous, intradermal, and intramuscular injections
• Toenail trephination and removal
• Wound care and suture of uncomplicated lacerations
• Venipuncture
• POCT
512
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
9/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
Non-Core Privileges
Non-Core Privilege: Insertion of IUD
Requested
Criteria for Initial Request:
Completion of a hands-on training under the supervision of a qualified provider preceptor.
Applicant must provide documented experience of at least 5 successful IUD insertions.
Criteria for Renewal of Privileges:
Documented experience of at least 1 successful IUD insertions in the last 24 months or
Inservice Training.
Non-Core Privilege: Implantable Contraception Insertion and Removal (Nexplanon)
Requested
Criteria for Initial Request and Renewal: Completion of the Nexplanon training program.
Please submit Training Certification.
Routine Care of Newborn with Minimal to Moderate Complications in the Nursery* –
Including but not limited to the admission and care of the late preterm infant 34 – 36 week
gestation without significant complications, low birthweight, transient hypoglycemia, sepsis risk
factors, mild respiratory issues with need for no or minimal respiratory support, in utero drug
exposure not requiring medical management, mild to moderate hyperbilirubinemia, and
congenital issues without significant clinical impact.
*Routine of well newborn does not require this privilege
Special Non-Core Privileges (See Specific Criteria Below)
Non-core privileges are requested individually in addition to requesting the core. Each
practitioner requesting non-core privileges must meet the specific threshold criteria as applicable
to the applicant or re-applicant.
513
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
10/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
*This privilege will be approved with the agreement of the Chair of Pediatrics.
Requested
Initial and Renewal Criteria
1. Must meet the Family Medicine Pediatrics criteria.
AND
2. Documentation of this level of care to 10 patients in the past 24 months.
QUALIFICATIONS FOR NURSE PRACTITIONER -PRENATAL CARE
Initial applicants: To be eligible to apply for privileges for Prenatal Care, the applicant must
meet the following criteria: Certification as a Nurse Practitioner from a national certifying body
accredited by the National Commission for Certifying Agencies or the American Board of
Nursing Specialties and recognized by the Board.
1. Meet the criteria above
AND
2. Documentation of prenatal care training, with 200 prenatal care visits in past 4 years or
completion of training within 24 months in Prenatal Care with 200 encounters with 20 proctored
cases.
Renewal of privileges: To be eligible to renew privileges in family medicine prenatal care, the
applicant must meet the following criteria:
1. Completion of 100 prenatal care visits in previous 24 months.
AND
2. Completion of 8 Units AAFP/AMA/ACOG approved CEU in prenatal care within the last 2
years, OR attendance at one DFAM prenatal care update
Core Privileges: Nurse Practitioner Prenatal Care
Requested
Evaluate, diagnose, and treat adolescent and adult female patients who are pregnant, intending
to become pregnant or post pregnancy. Assess, stabilize, determine the disposition, and
participate in the care of pregnant patients in the ambulatory setting with consultation as
appropriate and within scope of practice.
514
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
11/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
CORE PROCEDURES/TREATMENT LIST
This is not intended to be an all-encompassing procedures list. It defines the types of
activities/procedures/privileges that the majority of practitioners in this specialty perform at this
organization and inherent activities/procedures/privileges requiring similar skill sets and
techniques, as determined by the department chair.
To the applicant: If you wish to exclude any procedures, due to lack of current competency,
please strike through the procedures that you do not wish to request, and then initial and date.
Nurse Practitioner - Prenatal Care
• Performance of history and physical exam
• Appropriate screening examination including Pap Smear
• Microscopic diagnosis of urine and vaginal smears with annual POCT competency.
• Basic POCUS 3rd trimester for position
• Standard Prenatal Care:
Any obstetric risk factor or co-morbid condition not explicitly listed is by definition not
covered within Standard privileges and should be transferred to Advanced Prenatal Care.
Standard Prenatal Care includes low risk patients and those with the following risk factors:
• Family History of genetic disease or consanguinity WITHOUT evidence of fetal anomaly
• Teratogen exposure WITHOUT evidence of fetal anomaly or sequelae
• History of cervical dysplasia WITHOUT active cervical cancer
• BMI <19 or >40
• AMA >/= 40 yo at time of delivery requires MD co-follow)
• History of Elevated Blood Pressure or Hypertension not on medication and with current
BP < 140/90
• History of pre-eclampsia in a prior pregnancy > 37weeks gestation
• History of cesarean section (MD co-follow required if 2 or more cesareans or history of
other uterine surgery such as myomectomy. MD Consult required if history of
intraoperative or postoperative surgical complications)
• Substance abuse (MD co-follow required if on Medication Assisted Treatment such as
Subutex or Methadone)
• STI and Vaginitis (MD consult required for Syphilis)
• UTI
• Anemia with Hemoglobin > 8 (MD consult required if no iron deficiency)
• GDM A1
515
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
12/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
• GDMA2 on oral medications with A1c < 6.5 (MD co-follow required)
• Cholestasis of pregnancy with bile acids < 40 (MD co-follow required)
Special Non-Core Privileges (See Specific Criteria)
Non-core privileges are requested individually. Each individual requesting non-core privileges must
meet the specific threshold criteria as applicable to the applicant or reapplicant.
Non-Core Privileges
Non-Core Privileges: Basic First and Second Trimester Ultrasound for dating, location, and
viability of pregnancy.
Requested
Criteria for Initial Request:
Ultrasound course, and at least 20 cases of experience. Current competency: at least 8 cases in
the past 24 months.
Criteria for Renewal of Privileges:
At least 8 cases in the past 24 months.
DEPARTMENT OF PUBLIC HEALTH NURSE PRACTITIONERS
Initial applicants: To be eligible to apply for privileges in Department of Public Health, the
applicant must meet the following criteria: Certification as a Nurse Practitioner from a national
certifying body accredited by the National Commission for Certifying Agencies or the American
Board of Nursing Specialties and recognized by the Board.
Initial Privileges
Demonstrated current competence and evidence of the provision of care, reflective of the scope
of privileges requested, to at least 50 patient visits in the past 24 months, or completion of
training in the past 24 months.
Renewal of Privileges
50 reproductive health visits in previous 24 months or 8 CEU pertaining to reproductive health –
family planning.
516
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
13/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
Core Privilege: Women and Men’s Health Clinic and Sexual Health Clinic
Requested: Evaluation of Men's Health problems related to diagnosis and treatment of genital
conditions, STD, and family planning. Evaluation of routine Gynecologic problems including
female reproductive and sexual health, family planning, vaginitis, STD, GU, and Breast problems
Special Non-Core Privileges (See Specific Criteria)
Non-core privileges are requested individually. Each individual requesting non-core privileges must
meet the specific threshold criteria as applicable to the applicant or reapplicant.
Non-Core Privileges
Non-Core Privilege: Medication Assisted Treatment for substance use disorders in harm
reduction model.
Requested
Initial Criteria:
Completion of SAMHSA training with certificate of completion or orientation and training
with experienced provider in equivalent of 4 Choosing Change Groups.
Renewal Criteria:
5 MAT visits within 24 months or 4 CEU within previous 24 months.
517
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
14/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
FOCUSED PROFESSIONAL PRACTICE EVALUATION (FPPE) FOR INITIAL
APPLICANTS
1. Retrospective or concurrent proctoring (chart review or direct observation) of at least 9
patients in the care of whom the applicant significantly participated. FPPE/proctoring
must be representative of the provider’s scope of practice.
2. Concurrent proctoring (direct observation) of at least 3 different procedures that are
representative of procedures regularly preformed in the department. FPPE/proctoring
must be representative of the provider’s scope of practice.
3. FPPE/Proctoring is also required for at least one (1) procedure/case of Paracentesis, IUD
Insertion, and Endometrial Biopsy.
4. If the provider does inpatient and outpatient work, they need to be proctored in both
contexts.
5. FPPE should be concluded as soon as possible (i.e., within the first 3-4 months after
starting work at CCRMC).
6. Completed FPPE forms must be submitted to the Credentialing Office.
7. It is the applicant’s ultimate responsibility to make sure that FPPE and submission of all
required paperwork to the Credentialing Office takes place in a timely manner. Failure to
do so may result in loss or limitation of privileges.
8. For low volume providers: please see separate FPPE/proctoring guidelines.
9. For more detailed information, please see separate FPPE/proctoring guidelines.
ACKNOWLEDGMENT OF PRACTITIONER
I have requested only those privileges for which by education, training, current experience, and
documented performance I am qualified to perform and for which I wish to exercise at Contra
Costa Regional Medical Center, and I understand that:
a. In exercising any clinical privileges granted, I will adhere by hospital and medical staff
policies and rules applicable generally and any applicable to the particular situation.
b. Any restriction on the clinical privileges granted to me is waived in an emergency
situation, and in such situation my actions are governed by the applicable section of the
medical staff bylaws or related documents.
Signed ________________________________________Date _____________________
518
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
15/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
DEPARTMENT / DIVISION CHAIR’S RECOMMENDATION
I have reviewed the requested clinical privileges and supporting documentation for the above-
named applicant and:
Recommend All Requested Privileges
Recommend Privileges with the Following Conditions/Modifications:
Do Not Recommend the Following Requested Privileges:
Privilege Condition/Modification/Explanation
Notes:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Division Head Signature: _____________________________ Date: __
__________
DFAM Chair Signature: ______________________________ Date: ____________
Additional
Department Chair Signature: _________________________ Date: ____________
(Peds, OB/Gyn, etc. if appropriate)
519
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
16/16
NURSE PRACTITIONER CLINICAL PRIVILEGES
FOR MEDICAL STAFF SERVICES DEPARTMENT USE ONLY
Credentials Committee Approval Date: _____________________
Temporary Privileges Date: _____________________
Medical Executive Committee Approval Date: _____________________
Board of Supervisors Approval Date: _____________________
520
1/7
CONTRA COSTA REGIONAL MEDICAL CENTER
PHYSICIAN ASSISTANT CLINICAL PRIVILEGES
PHYSICIAN ASSISTANT CLINICAL PRIVILEGES
SURGERY, ORTHOPEDIC SURGERY, PLASTIC SURGERY
Name: ____________________________________________________________
Effective from _____/______/_____ to _______/_______/______ (for MSO staff use only)
All new applicants must meet the following requirements as approved by the governing body .
Effective: _______/_______/_______.
Initial Privileges (Initial Appointment)
Renewal of Privileges (Reappointment)
Applicant: Please check the “Requested” box for each privilege requested.
Applicants have the burden of producing information and documentation deemed adequate by the
hospital for a proper evaluation of current competence, current clinical activity, and other
qualifications, and for resolving any doubts related to qualifications for requested privileges.
Department Chair: Check the appropriate box for recommendation on the last page of this form.
If not recommended, provide the condition or explanation on the last page of this form.
Other Requirements
• This document is focused on defining qualifications related to competency to exercise
clinical privileges. The applicant must also adhere to any additional organizational,
regulatory, or accreditation requirements that the organization is obligated to meet.
• Note that privileges granted may only be exercised at the site(s) designated by CCRMC
and/or setting(s) that have sufficient space, equipment, staffing, and other resources
required to support the privilege. The exercise of these clinical privileges requires a
designated supervising physician with clinical privileges at this facility (CCRMC and
Health Centers) in the same area of specialty practice. All practice is performed in
accordance with a written agreement and policies and protocols developed and approved
by the relevant clinical department or service, the medical executive committee, nursing
administration, and governing body. A copy of the written agreement signed by both
parties is to be provided to the facility.
521
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
2/7
PHYSICIAN ASSISTANT CLINICAL PRIVILEGES
QUALIFICATIONS FOR Physician Assistant Core privileges
Initial applicants: To be eligible to apply for core privileges for Physician Assistant, the
applicant must meet the following criteria:
1. Hold current Certification as a Physician Assistant from the National Commission on
Certification of Physician Assistants (Board Certification) and licensed by the Physician Assistant
Board of California (License).
AND
2. Qualifications for prescriptive authority in accordance with State and federal law; current DEA
(Drug Enforcement Agency) certificate.
AND
3. Demonstrated current competence and provision of care, treatment, or services to at least 500
patient encounters in the past 24 months. Experience must correlate to requested privileges.
Upon request aggregate data/procedure list/case log from primary practice facility for the
previous 24-month time period identifying those procedures that mirror, or relate, at least in part,
to those being requested.
Department Chair or supervising provider recommendation will be obtained from primary
practice facility.
Current Delineation of Privileges document from facility where majority of patient care is
provided. Any complications/poor outcomes should be delineated and accompanied by an
explanation.
Renewal of privileges: To be eligible to renew privileges for Physician Assistant the applicant
must meet the following criteria:
1. Documentation of Maintenance of Certification and Licensing
AND
2. Current documented competence and an adequate volume of experience (500 patient
encounters) as the provider with acceptable results, reflective of the scope of privileges
requested, for the past 24 months based on results of ongoing professional practice
evaluation and outcome.
522
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
3/7
PHYSICIAN ASSISTANT CLINICAL PRIVILEGES
Core privileges: PHYSICIAN ASSISTANT in SURGERY, ORTHOPEDIC SURGERY,
PLASTIC SURGERY
Requested: Evaluate, diagnose, treat, and provide consultation to all patients within the age
group of the supervising physician(s). Assess, stabilize, and determine disposition of patients
with emergent conditions regarding emergency and consultative call services.
The core privileges in this specialty include the procedures on the attached procedures list and
such other procedures that are extensions of the same techniques and skills.
CORE PROCEDURES/TREATMENT LIST
This is not intended to be an all-encompassing procedures list. It defines the types of
activities/procedures/privileges that the majority of practitioners in this specialty perform at this
organization and inherent activities/procedures/privileges requiring similar skill sets and
techniques, as determined by the department chair.
To the applicant: If you wish to exclude any procedures, due to lack of current competency,
please strike through the procedures that you do not wish to request, and then initial and date.
Physician Assistant Surgery/Orthopedic Surgery/Plastic Surgery
• Performance of history and physical
• Write/dictate progress notes and discharge summaries in the medical record; cosign
required by attending physician
• Counsel and instruct patients and families as appropriate
• Cryotherapy (removal of warts)
• Incision and drainage of abscesses
• Apply, remove and change dressings and bandages
• Management of basic wound care, including debridement of superficial wounds; and
superficial burns.
• Management of uncomplicated, minor, closed fractures and uncomplicated dislocations
• Order and initial interpretation of diagnostic testing and therapeutic modalities such as
laboratory tests, medications, hemodynamic monitoring, treatments, EMG,
electrocardiogram, and radiologic examinations, including arthrogram, ultrasound, CT,
MRI, and bone scan studies, etc., as appropriate
• Implement therapeutic intervention for specific conditions when appropriate
• Performance of local anesthetic techniques
523
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
4/7
PHYSICIAN ASSISTANT CLINICAL PRIVILEGES
• Performance of simple skin excision and biopsy and minor superficial surgical
procedures.
• Placement of anterior nasal hemostatic packing
• Removal of a nonpenetrating foreign body from the eye, nose, or ear
• Subcutaneous, Intradermal and Intramuscular Injections
• Suture of uncomplicated lacerations
Special Non-Core Privileges (See Specific Criteria)
Non-core privileges are requested individually in addition to requesting the core. Each individual
requesting non-core privileges must meet the specific threshold criteria as applicable to the
applicant or re-applicant.
Non-Core Privileges
Non-Core Privileges: Joint injection and aspiration
Requested
Criteria for initial request and renewal:
1. Successful completion of hands-on training in joint injection and aspiration under the
supervision of a qualified physician preceptor
AND
2. Documented current competence and evidence of the performance of at least five joint
injection or aspiration procedures in the past 24 months. Please provide clinical
activity/procedure log.
Non-Core Privileges: Surgical Assisting
Requested
Criteria for initial request and renewal:
1. Successful completion of hands-on training in surgical assisting under the supervision
of a qualified physician preceptor
AND
2. Documented current competence and evidence of the performance of at least five
surgical assisting cases in the past 24 months. Please provide clinical activity/procedure
log.
524
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
5/7
PHYSICIAN ASSISTANT CLINICAL PRIVILEGES
FOCUSED PROFESSIONAL PRACTICE EVALUATION (FPPE) FOR INITIAL
APPLICANTS
1. Retrospective or concurrent proctoring (chart review or direct observation) of at least 9
patients in the care of whom the applicant significantly participated. FPPE/proctoring
must be representative of the provider’s scope of practice.
2. Concurrent proctoring (direct observation) of at least 3 different procedures that are
representative of procedures regularly performed by the PHYSICIAN ASSISTANT.
FPPE/proctoring must be representative of the provider’s scope of practice.
3. FPPE/Proctoring is also required for at least one (1) procedure/case of any requested
Non-core Privilege: Joint Injection or Aspiration and Surgical Assisting.
4. If the provider does in and outpatient work, he/she needs to be proctored in both.
5. FPPE should be concluded as soon as possible (i.e. within the first 3-4 months after
starting work at CCRMC).
6. Completed FPPE forms must be submitted to the Credentialing Office.
7. It is the applicant’s ultimate responsibility to make sure that FPPE and submission of all
required paperwork to the Credentialing Office takes place in a timely manner. Failure to
do so may result in loss or limitation of privileges.
8. For low volume providers: please see separate FPPE/proctoring guidelines.
9. For more detailed information, please see separate FPPE/proctoring guidelines.
ACKNOWLEDGMENT OF PRACTITIONER
I have requested only those privileges for which by education, training, current experience, and
documented performance I am qualified to perform and for which I wish to exercise at Contra
Costa Regional Medical Center, and I understand that:
a. In exercising any clinical privileges granted, I will adhere by hospital and medical staff
policies and rules applicable generally and any applicable to the particular situation.
b. Any restriction on the clinical privileges granted to me is waived in an emergency
situation, and in such situation my actions are governed by the applicable section of the
medical staff bylaws or related documents.
Signed ___________________________________Date _____________
525
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
6/7
PHYSICIAN ASSISTANT CLINICAL PRIVILEGES
DEPARTMENT / DIVISION CHAIR’S RECOMMENDATION
I have reviewed the requested clinical privileges and supporting documentation for the above-
named applicant and:
Recommend All Requested Privileges
Recommend Privileges with the Following Conditions/Modifications:
Do Not Recommend the Following Requested Privileges:
Privilege Condition/Modification/Explanation
Notes:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Section Head Signature:__________________________ Date:__
__________
Department Chair Signature: __________________________ Date: ____________
526
Name: ____________________________________________________________
Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only)
7/7
PHYSICIAN ASSISTANT CLINICAL PRIVILEGES
FOR MEDICAL STAFF SERVICES DEPARTMENT USE ONLY
Credentials Committee Approval Date: _____________________
Temporary Privileges Date: _____________________
Medical Executive Committee Approval Date: _____________________
Board of Supervisors Approval Date: _____________________
Approved Credentials Committee 4/5/2023
Approved MEC 4/17/23
Approved BOS
527
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-314 Agenda Date:9/12/2023 Agenda #:
C.42.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Amendment #26-657-12 with Amarjit Dosanjh, M.D., a Medical Corporation (dba Muir Plastic
Surgery)
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Amendment #26-657-12 with Amarjit Dosanjh,M.D.,a Medical Corporation (dba Muir Plastic Surgery),
effective November 1,2022,to amend Contract #26-657-11,to increase the payment limit by $580,000 from
$2,500,000 to a new payment limit of $3,080,000 with no change in the term of February 1,2021 through
January 31, 2024.
FISCAL IMPACT:
Approval of this amendment will increase the contractual expenditures by $580,000 over a two-year period and
is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
Due to the limited number of specialty providers available within the community,CCRMC and Contra Costa
Health Centers rely on contracting with Medical Specialist Providers to ensure patients’needs are met by
providing necessary specialty health services to its patients.CCRMC has contracted with Dr.Dosanjh for
plastic and hand surgery services since 2009.
On February 9,2021,the Board of Supervisors approved Contract #26-657-11 with Amarjit Dosanjh,M.D.,a
Medical Corporation (dba Muir Plastic Surgery),in the amount of $2,500,000,to provide plastic and hand
surgery services including consultation,training,on-call coverage and medical and/or surgical procedures
services at CCRMC and Contra Costa Health Centers.for the period February 1,2021 through January 31,
2024.
Due to a higher volume of clinic,consultation and surgery services than anticipated at CCRMC,Dr.Dosanjh’s
contract is being amended to increase the payment limit by $580,000 to a new payment limit of $3,080,000.
Approval of Contract #26-657-12 will allow contractor to continue providing additional plastic and hand
surgery services at CCRMC and Contra Costa Health Center through January 31, 2024.
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File #:23-314 Agenda Date:9/12/2023 Agenda #:
C.42.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved,patients requiring plastic and hand surgery services at CCRMC and Contra
Costa Health Centers will not have access to contractor’s services which may delay services to patients.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-315 Agenda Date:9/12/2023 Agenda #:
C.43.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Contract #77-280-3 with Aspen Surgery Center, LLC
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute,on behalf of the County
Contract #77-280-3 with Aspen Surgery Center,LLC,a limited liability company,in an amount not to exceed
$3,000,000,to provide ambulatory surgery center (ASC)services to Contra Costa Health Plan (CCHP)
members and county recipients for the period October 1, 2023 through September 30, 2024.
FISCAL IMPACT:
Approval of this contract will result in annual expenditures of up to $3,000,000 and will be funded as budgeted
by the department, 100% by CCHP Enterprise Fund II revenues. (No rate increase)
BACKGROUND:
CCHP has an obligation to provide certain specialized health care services,including ASC 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 ASC services and fostering a deep
understanding of the CCHP organizations mission,values,and long-term objectives since October 1,2020.The
nature of the ASC medical professional services needed is complex and requires seamless coordination,
integration and collaboration with existing programs and systems.There are 12 total ASC’s in CCHP ‘s service
area.CCHP is currently contracted with all 12 ASC’s.This Contract renewal will maintain comprehensive area
coverage for the entire CCHP membership and meet the Knox-Keene Act,time and distance mandate required
by the State of California Department of Managed Health Care (DMHC)services.This contractor has been
approved by the Public Works Department’s Purchasing Division on August 22, 2023.
On September 13,2022,the Board of Supervisors approved Contract #77-280-3 with Aspen Surgery Center,
LLC.,in the amount of $2,000,000,to provide ASC services to CCHP members and county recipients for the
period October 1, 2022 through September 30, 2022.
Approval of Contract #77-280-3 will allow the contractor to continue providing ASC services for CCHP
members and county recipients through September 30, 2024.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved,certain ASC specialty health care services for CCHP members under the terms
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File #:23-315 Agenda Date:9/12/2023 Agenda #:
C.43.
If this contract is not approved,certain ASC specialty health care services for CCHP members under the terms
of their Individual and Group Health Plan membership contracts with the county will not be provided and may
cause a delay in services to CCHP members.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-374 Agenda Date:9/12/2023 Agenda #:
C.44.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Contract Amendment #74-315-26 with EMBRACE
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Contract Amendment Agreement #74-315-26 with EMBRACE,a non-profit corporation,effective July 1,2023,
to amend Contract #74-315-24,to increase the payment limit by $1,573,593,from $2,052,425 to a new
payment limit of $3,626,018, with no change in the original term ending June 30, 2024.
FISCAL IMPACT:
Approval of this amendment will result in additional annual expenditures of up to $1,573,593 and will be
funded as budgeted by the department in FY 2023-24,100%by Early and Periodic Screening and Diagnostic
Treatment Fund. (Rate Increase)
BACKGROUND:
This contract meets the social needs of the county by providing Therapeutic Behavioral Services (TBS)to
Seriously Emotionally Disturbed (SED)children who have been discharged from a hospital or have failed in
other placements.Contractor shall also provide a Multisystemic Behavioral and Functional Family Therapy
program for adolescents who are discharged from Juvenile Hall and the Orin Allen Youth Rehabilitation
Facility. The county has been contracting with EMBRACE since December 2007.
On June 27,2023,the Board of Supervisors approved Contract #74-315-25 with EMBRACE,in an amount not
to exceed $2,052,425 for the provision of TBS and outpatient mental health services to SED children and their
families for the period July 1, 2023 through June 30, 2024.
Approval of Contract Amendment Agreement #74-315-26 will allow the contractor to provide additional TBS
and outpatient mental health services to SED children and their families through June 30, 2024.
Due to administrative changes in novation contracting practices,the department requested this amendment to
cover all necessary expenses for a full fiscal year term.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved,the additional funding will not be added to the contract and additional
services may not be provided for an underserved community in the county.
Children’s Impact Statement:
This TBS program supports the following children's outcome(s):“Children Ready for and Succeeding in
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File #:23-374 Agenda Date:9/12/2023 Agenda #:
C.44.
This TBS program supports the following children's outcome(s):“Children Ready for and Succeeding in
School”;Families that are Safe,Stable and Nurturing;and “Communities that are Safe and Provide a High
Quality of Life for Children and Families”.Expected program outcomes include an increase in positive social
and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS)
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-316 Agenda Date:9/12/2023 Agenda #:
C.45.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Payment for services provided by Health Care Interpreter Network
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller,or designee,to pay Health Care Interpreter Network in
an amount not to exceed $351,761.78,for providing qualified foreign language and sign language interpretation
services via video conferencing in good faith for the period January,May,and June 2023,as recommended by
the Health Services Director.
FISCAL IMPACT:
This payment in an amount of $351,761.78 is funded 100% by 100% Hospital Enterprise Fund I.
BACKGROUND:
Individuals with limited English proficiency are at risk of receiving lower quality health treatment because of
language barriers.When an interpreter is not readily available patients may rely on family members,even
children,to interpret health treatment instructions.California law has required hospitals to provide language
assistance since 1990.The Healthcare Interpreter Network’s system will allow physicians at Contra Costa
Regional Medical Center and Contra Costa Health Centers and various Health Services Divisions to use a
software program to route calls to a video conferencing device allowing in-house interpreters and interpreters
at other hospitals or remote locations to be connection within seconds to a patient.The County has contracted
with Healthcare Interpreter Network for these services since 2009.
On June 8,2021,the Board of Supervisors approved Contract #23-457-18 with Health Care Interpreter
Network,in the amount not to exceed $1,577,500 for the provision of consulting and technical assistance on the
Healthcare Interpreter Network System including,but not limited to:providing qualified foreign language and
sign language interpretation services via video conferencing,for the period from July 1,2021 through June 30,
2023.
Due to a higher anticipated volume of service, there are insufficient funds to cover the services provided by the
contractor in an amount of $351,761.78. Therefore, the county has determined that Health Care Interpreter
Network is entitled to payment for the reasonable value of their services under the equitable relief theory of
quantum meruit. That theory provides that where a person has been asked to provide services without a valid
contract, and the provider does so to the benefit of the recipient, the provider is entitled to recover the
reasonable value of those services. The contractor has provided services at the request of the county after the
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File #:23-316 Agenda Date:9/12/2023 Agenda #:
C.45.
original contract payment limit had been reached. The Department cannot pay contractor for services rendered
that exceed the contract limits. As such, the Department recommends that the Board authorize the Auditor-
Controller to issue a one-time payment in an amount not to exceed $351,761.78 to Health Care Interpreter
Network.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved,contractor will not be paid foreign language and sign language interpretation
services rendered in good faith.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-317 Agenda Date:9/12/2023 Agenda #:
C.46.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Grant Agreement #29-805-5 with the City of Antioch for its Housing Authority Successor
Agency
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Agreement #29-805-5 with the City of Antioch for its Housing Authority Successor Agency, a government
agency, to pay the County an amount not to exceed $30,000 for the provision of homeless outreach services for
the Coordinated Outreach, Referral and Engagement (CORE) Program, for the period from July 1, 2022
through June 30, 2023.
FISCAL IMPACT:
Approval of this agreement will allow the County to receive an amount not to exceed $30,000 from the City of
Antioch to provide homeless outreach services. County funds not required.
BACKGROUND:
The CORE Program locates and engages homeless residents throughout Contra Costa County. CORE teams
serve as an entry point into the County’s coordinated entry system for unsheltered persons and work to identify,
locate, engage, stabilize and house chronically homeless individuals and families. The outreach teams will
contact a minimum of 400 Antioch homeless individuals to provide basic needs supplies, counseling, benefits
assistance, linkages to healthcare, shelter placement, and referrals and transportation to Coordinated
Assessment Resource and Engagement (CARE) Centers.
Under Grant Agreement #29-805-5, County will receive funds from the City of Antioch to provide CORE
services for the period July 1, 2022 through June 30, 2023. This agreement includes agreeing to indemnify and
hold harmless the City for claims arising out of County’s performance under this agreement.
This agreement is retroactive due to administrative staffing transitions in the Health, Housing and Homeless
Services Division.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, County will not receive funding and without such funding the CORE
program may have to operate at a reduced capacity.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-317 Agenda Date:9/12/2023 Agenda #:
C.46.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-318 Agenda Date:9/12/2023 Agenda #:
C.47.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Amendment #26-752-7 with Denis J. Mahar, M.D.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment Agreement #26-752-7 with Denis J. Mahar, M.D., an individual, effective September 1,
2023, to amend Contract #26-752-6, to increase the payment limit by $214,000, from $1,946,000 to a new
payment limit of $2,160,000, with no change in the term of October 1, 2022 through September 30, 2025.
FISCAL IMPACT:
Approval of this amendment will result in additional contractual service expenditures of up to $214,000 and
will be funded as budgeted 100% by Hospital Enterprise Fund I. (No Rate increase)
BACKGROUND:
Due to the limited number of specialty providers available within the community, Contra Costa Regional
Medical Center (CCRMC) and Contra Costa Health Centers rely on contracts to provide necessary specialty
health services to their patients. Contractor’s cardiology services will include clinic coverage, on-call services,
medical and surgical procedures. The county has been contracting with Denis J. Mahar, M.D., since October
2013 to provide cardiology services.
On September 13, 2022, the Board of Supervisors approved Contract #26-752-6 with Denis J. Mahar, M.D., in
an amount not to exceed $1,946,000, to provide cardiology services at CCRMC and Contra Costa Health
Centers, for the period October 1, 2022 through September 30, 2025.
Approval of Contract Amendment Agreement #26-752-7 will allow the contractor to provide additional
cardiology services through September 30, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, the necessary specialty cardiology services needed for patient care will not
be available or will create increased wait times due to the limited number of specialty providers available
within the community.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-318 Agenda Date:9/12/2023 Agenda #:
C.47.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-319 Agenda Date:9/12/2023 Agenda #:
C.48.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Amendment #26-761-7 with Rawel S. Randhawa, M.D.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Contract Amendment Agreement #26-761-7 with Rawel S.Randhawa,M.D.,an individual,effective
September 1,2023,to amend Contract #26-761-6,to increase the payment limit by $250,000,from $150,000 to
a new payment limit of $400,000, with no change in the term of March 1, 2023 through February 28, 2025.
FISCAL IMPACT:
Approval of this amendment will result in additional contractual service expenditures of up to $250,000 and
will be funded as budgeted 100% by Hospital Enterprise Fund I. (No Rate increase)
BACKGROUND:
Due to the limited number of specialty providers available within the community,Contra Costa Regional
Medical Center (CCRMC)and Contra Costa Health Centers rely on contractors to provide necessary specialty
health services to their patients.Contractor’s gastroenterology services will include clinic coverage,on-call
services,medical and surgical procedures.The county has been contracting with Rawel Randhawa,M.D.,since
March 2014 to provide gastroenterology services.
In March 2023,the County Administrator approved and the Purchasing Services Manager executed Contract
#26-761-6 with Rawel Randhawa,M.D.,in an amount not to exceed $150,000,to provide gastroenterology
services at CCRMC and Contra Costa Health Centers, for the period March 1, 2023 through February 28, 2025.
Approval of Contract Amendment Agreement #26-761-7 will allow the contractor to provide additional
gastroenterology services through February 28, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved,the necessary specialty gastroenterology services needed for patient care
will not be available or will create increased wait times due to the limited number of specialty providers
available within the community.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-319 Agenda Date:9/12/2023 Agenda #:
C.48.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-320 Agenda Date:9/12/2023 Agenda #:
C.50.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Contract #76-788-1 with Gregory Barme, M.D.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of County
Contract #76-788-1 with Gregory Barme,M.D.,an individual,in an amount not to exceed $300,000,to provide
urology services at Contra Costa Regional Medical Center (CCRMC)and Contra Costa Health Centers,for the
period September 1, 2023 through August 31, 2024.
FISCAL IMPACT:
Approval of this contract will result in annual expenditures of up to $300,000 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
contracting with the county since September 2022 to provide urology services,including clinic coverage,on-
call services, medical and surgical procedures.
On September 13,2022,the Board of Supervisors approved Contract #76-788 with Gregory Barme,M.D.,in an
amount not to exceed $300,000,to provide urology services at CCRMC and Contra Costa Health Centers for
the period September 1, 2022 through August 31, 2023
Approval of Contract #76-788-1 will allow the contractor to continue providing urology services through
August 31, 2024.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved,the necessary specialty urology services needed for patient care will not be
available or will create increased wait times due to the limited number of specialty providers available within
the community.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-320 Agenda Date:9/12/2023 Agenda #:
C.50.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-321 Agenda Date:9/12/2023 Agenda #:
C.51.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Approve New and Recredentialing Providers and New and Recredentialing Organizational
Providers in Contra Costa Health Plan’s Community Provider Network
RECOMMENDATIONS:
APPROVE the list of providers recommended by Contra Costa Health Plan's Peer Review Credentialing
Committee and the Health Services Director on August 22, 2023, as required by the State Departments of
Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
The National Committee on Quality Assurance (NCQA) requires that evidence of Board of Supervisor approval
must be contained within each Contra Costa Health Plan (CCHP) provider’s credentials file. Approval of this
list of providers as recommended by the CCHP Medical Director will enable the Contra Costa Health Plan to
comply with this requirement.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, CCHP’s Providers would not be appropriately credentialed and not be in
compliance with the NCQA.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-321 Agenda Date:9/12/2023 Agenda #:
C.51.
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Contra Costa Health Plan
Providers Approved by PRCC
August 22, 2023
CREDENTIALING PROVIDERS AUGUST 2023
Name Specialty
Adu-Poku, Queen, LCSW Mental Health Services
Armenta, Jessica, ACSW Mental Health Services
Bacalla, Danielle, BCBA Qualified Autism Provider
Balaoing, Jason, OT Occupational Therapy
Bell-Gam, Whitney, BCBA Qualified Autism Provider
Bowie Russ, Dashamelle, ACSW Mental Health Services
Castillo Bernal, Keely, BCBA Qualified Autism Provider
Erusiafe, Yvonne, MD Psychiatry
Estrada, Jasmine, AMFT Mental Health Services
Fender-Badgley, Mikayla, PT Physical Therapy
Gomez, Emily, BCBA Qualified Autism Provider
Greer, Benjamin, MD Psychiatry & Neurology
Grover, Atul, MD Substance Abuse Professional
Hammer, Morella, MFT Mental Health Services
Jenkins, Elizabeth, LCSW Mental Health Services
Joseph, Michelle, MFT Mental Health Services
Kim, Richard, MD Anesthesiology
Lagos, Julio, LCSW Mental Health Services
Lane, Scott, NP Mid-Level Psychiatry
Leach, Emilie, AMFT Mental Health Services
Lenhardt, Julie, LCSW Mental Health Services
Malik, Sitwat, MD Psychiatry
Mistry, Meenal, PA Mid-Level Orthopedic Surgery
Assistant
Peatman, Thomas, MD Orthopedics (non surgical)
Pham, Laurena, AMFT Mental Health Services
Senaratne, Menuka,
APCC
Mental Health Services
Spencer, Marcia, AMFT Mental Health Services
Uribe, Norma, MFT Mental Health Services
Webster, Morgan, ACSW Mental Health Services
Wong, Kenneth, MD Anesthesiology
546
Contra Costa Health Plan
Providers Approved by PRCC
August 22, 2023
CREDENTIALING ORGANIZATIONAL PROVIDERS
AUGUST 2023
Provider Name
Provide the Following
Services
Location
A Caring Life Home Health Inc. Home Health Tracy
Doctor’s Preferred Home Health
Inc.
Home Health Concord
VyncaCare Palliative Care Eureka
RECREDENTIALING PROVIDERS AUGUST 2023
Name Specialty
Alcala, Perpetualyn, BCBA Qualified Autism Provider
Aramian, Armela, NP Primary Care Family Medicine
Brinton, Daniel, MD Ophthalmology
Burack, Jeffrey, MD HIV/Aids
Chiu, Noel , MD Dermatology
Cobbs, Yvonne, NP Primary Care
Internal Medicine
Fellows, Zachary, MD Rheumatology
Heidarzadeh, Taban, BCBA Qualified Autism Provider
Hurt, Catherine, MD Wound Care
Jerdee, Valerie, MD Allergy & Immunology
Kiff, Natalie, LCSW Mental Health Services
Kim, Ran, MD Surgery – Colon & Rectal
Lavelle, Laura, NP Primary Care Pediatrician
Leon, Ronald, MD Psychiatry
Lit, Eugene, MD Ophthalmology
Nelson, Lisa Ingrid, NP Primary Care Internal Medicine/
HIV/Aids
Makooi, Mahmood, DC Chiropractor
Michas, Gregory, DO Psychiatry
Oliveira-Maxfield, Dawn, BCBA Qualified Autism Provider
Paduraru, Adeline, BCBA Qualified Autism Provider
Patel, Vikas, MD Dermatology
Ramakrishnan, Sampath, MD Primary Care Internal Medicine
Ryan, Patrick, MD Radiology
Shell, Amy, NP Mid-Level Allergy & Immunology
Silva, Suzanne, NP Primary Care Family Medicine
547
Contra Costa Health Plan
Providers Approved by PRCC
August 22, 2023
RECREDENTIALING PROVIDERS AUGUST 2023
Name Specialty
Soto, Mary, BCBA Qualified Autism Provider
Tirado, Gabriela, CNM Midwife
Vallejo, Greg, RDO Dispensing Optician
Vanguri, Poornima, MD Surgery - Colon & Rectal
RECREDENTIALING ORGANIZATIONAL PROVIDERS
AUGUST 2023
Provider Name
Provide the Following
Services
Location
Aspen Surgery Center Surgery Center Walnut Creek
Crescent Healthcare Home Infusion Hayward
Delta View Post Acute Skilled Nursing
Facility
Antioch
Fresenius Medical Care -
Diablo Walnut Creek
Dialysis Walnut Creek
John Muir Behavioral Health
Center
Behavioral
Health/Substance
Abuse
Concord
MedicalOne Health Home
Health/Hospice
Antioch`
Richmond Post Acute Care Skilled Nursing
Facility
Richmond
\ bopl-August 22, 2023
548
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-322 Agenda Date:9/12/2023 Agenda #:
C.52.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Participation Agreement #74-642-2 with California Mental Health Services Authority
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County,
Participation Agreement #74-642-2 with California Mental Health Services Authority (CalMHSA), a
government agency, to pay CalMHSA an amount not to exceed $234,000, to act as the fiscal and administrative
agent to provide support ant technical assistance for the Statewide Prevention Early Intervention (PEI)
Program, for the period July 1, 2022 through June 30, 2026.
FISCAL IMPACT:
Approval of this agreement will result in contractual service expenditures of up to $234,000 over a three-year
period and will be funded 100% by Mental Health Services Act (MHSA).
BACKGROUND:
The purpose of this participation agreement is to grant CalMHSA the authority to act as the fiscal and
administrative agent on behalf of the county for the Statewide PEI Program. In partnership with participating
members, this program will disseminate and direct Statewide PEI project campaigns, programs, resources, and
materials; provide subject matter in suicide prevention and stigma and discrimination reduction (SDR) to
support local PEI efforts; develop local and statewide capacity building support and new outreach materials for
counties, and community stakeholders. The primary focus of these programs is to promote mental health and
wellness, suicide prevention, and health equity to reduce the likelihood of mental illness, substance use, and
suicide among Californians, particularly among diverse and underserved communities.
On October 11, 2022, the Board of Supervisors approved Participation Agreement #74-642-1 with CalMHSA in
an amount not to exceed $78,000 to act as the fiscal and administrative agent for the Statewide PEI Program, to
manage funds received consistent with the requirements of any applicable laws, regulations, guidelines and/or
contractual obligations, and contract with subject matter experts to support the goals and efforts of the
Statewide PEI Program for the period July 1, 2022 through June 30, 2023.
Approval of Participation Agreement #74-647-2 will allow the contractor to act as the fiscal and administrative
agent for the Statewide PEI Program through June 30, 2026. This contract includes county’s agreement to
defend and indemnify contractor. This agreement was delayed due to the Behavioral Health Services Division
not receiving the agreement from CALMHSA in a timely manner.
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File #:23-322 Agenda Date:9/12/2023 Agenda #:
C.52.
CONSEQUENCE OF NEGATIVE ACTION:
If this participation agreement is not approved, Contra Costa County will not have access to contractor’s
services to allow the county’s participation in the Statewide PEI Program.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-323 Agenda Date:9/12/2023 Agenda #:
C.53.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Memorandum of Understanding #78-041 with Food Bank of Contra Costa County and Solano
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Memorandum of Understanding (MOU) #78-041 with Food Bank of Contra Costa and Solano, a non-profit
corporation, to provide coordination and delivery services of fresh produce to County Woman, Infant and
Children (WIC) program participants and other low-income families in Concord effective upon Board approval
until terminated with a 30-day notice by either party.
FISCAL IMPACT:
There is no fiscal impact for this MOU.
BACKGROUND:
The Food Bank of Contra Costa and Solano will offer free fresh produce to low-income families at the WIC site
in Concord through its Community Produce Program. This partnership will improve low-income families'
access to free fresh produce. The Community Produce Program of Food Bank will distribute produce directly to
WIC program participants and other low-income families in the community by utilizing a customized food
bank vehicle. Twice a month the produce truck will be parked in the parking lot at Concord WIC site and offer
fresh free fruits and vegetables to WIC program participants and other low-income families in the community.
The purpose of this partnership is to encourage healthy lifestyle and healthy food choices in the community by
providing access to fresh produce to low-income families.
Approval of MOU #78-041 will allow County WIC program participants in Concord to receive fresh produce
from the Food Bank of Contra Costa and Solano. This MOU includes County indemnifying the Food Bank of
Contra Costa and Solano for any claims that may arise under this MOU.
CONSEQUENCE OF NEGATIVE ACTION:
If this MOU is not approved, Contractor will not be able to provide fresh produce to WIC Program participants
in Concord to encourage healthy lifestyle and healthy food choices in the community.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-323 Agenda Date:9/12/2023 Agenda #:
C.53.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-324 Agenda Date:9/12/2023 Agenda #:
C.54.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Contract #24-933-48 with Crestwood Behavioral Health, Inc.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Contract #24-933-48 containing mutual indemnification with Crestwood Behavioral Health,Inc.,a corporation,
in an amount not to exceed $4,647,844,to provide subacute skilled nursing care services for the period July 1,
2023 through June 30, 2024.
FISCAL IMPACT:
Approval of this contract will result in annual expenditures of up to $4,647,844 and will be funded as budgeted
by the department in FY 2023-24, 100% by Mental Health Realignment. (Rate increase)
BACKGROUND:
The Behavioral Health Services Department has been contracting with Crestwood Behavioral Health,Inc.,
since July 1997 to provide sub-acute skilled nursing care for County’s Severely and Persistently Mentally Ill
(SPMI)and neurobehavioral clients.This Contract is entered into under and subject to the following legal
authorities:Welfare and Institutions Code §§5600,et seq.(The Bronzan McCorquodale Act);California Code
of Regulations (“CCR”),Title 9,§§523,et seq.(Community Mental Health Services);California Government
Code §§ 26227 and 31000.
Crestwood Behavioral Health was selected as a provider of mental health rehabilitation center (MHRC)and
skilled nursing facility/special treatment program (SNF/STP)services as they are one of two licensed
organizations operating locked treatment environments facilities in the immediate areas surrounding Contra
Costa County.The County contracts with the other facility as well.Clients receiving supports in MHRC or
SNF/STP facilities are conserved and in the early stages of recovery from acute psychiatric episodes.The
Health Services Department (HSD)is required by regulation to provide care in the least restrictive setting
available.Clinical and stakeholder input highlight the need for these services to be carried out as close to home
as possible so that clients may benefit from their natural community supports and treatment teams.This
contractor was approved by the Public Works Department’s Purchasing Division on August 23, 2023.
This contractor has been a longstanding partner in treating Contra Costa clients,fostering a deep understanding
of the county’s mission,values and long-term objectives.They have a proven track record and established
reputation within the psychiatric community which mitigates potential risks associated with the regulatory
compliance and patient well-being.This contract was approved by Health Services Personnel to ensure there is
no conflict with labor relations.The Behavioral Health’s Quality Management,Utilization Management and
Contract Monitor staff meet on regular basis to ensure monitoring and performance measures in the contract are
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-324 Agenda Date:9/12/2023 Agenda #:
C.54.
Contract Monitor staff meet on regular basis to ensure monitoring and performance measures in the contract are
upheld.
On July 26,2022,the Board of Supervisors approved Contract #24-933-45 with Crestwood Behavioral Health,
Inc.,in an amount not to exceed $4,189,081 to provide sub-acute skilled nursing care for SPMI and
Neurobehavioral clients for the period from July 1, 2022 through June 30, 2023.
Approval of Contract #24-933-48 will allow the contractor to continue providing services through June 30,
2024.This contract includes mutual indemnification.This contract was delayed due to a significant
postponement in receiving the FY 2023-24 rates from the State Department of Health Care Services.
CONSEQUENCE OF NEGATIVE ACTION:
The Behavioral Health Services Division/Mental Health places clients at contractor's facilities licensed for
various levels of care.If the contract is not approved,a significant number of mentally ill young adults and
adults may be displaced to the community without the mental health services they require.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-325 Agenda Date:9/12/2023 Agenda #:
C.55.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Amendment #25-097-2 with Focus Strategies
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment Agreement #25-097-2 with Focus Strategies, a corporation, effective April 1, 2023, to
amend Contract #25-097 (as amended by Amendment/Extension Agreement #25-097-1), to increase the
payment limit by $75,000, from $193,385 to a new payment limit of $268,385, for additional consultation and
technical assistance to the Health, Housing and Homeless Services Division with regard to Housing Project
Management with no change in the term of July 1, 2021 through December 31, 2023.
FISCAL IMPACT:
Approval of this amendment will result in additional expenditures of up to $75,000 and is funded 100% by
Homeless, Housing and Assistance Prevention (HHAP) grant funds. (No rate increase)
BACKGROUND:
Focus Strategies has been providing consultation and technical assistance to the Health Housing and Homeless
Services Division with regard to HUD activities, including grant-writing services for County’s McKinney-
Vento application and county’s Continuum of Care planning and resource development. The Contractor has
been providing these services to the county since July 10, 1998.
In February 2022, the County Administrator approved and the Purchasing Services Manager executed Contract
#25-097 with Focus Strategies in an amount of $120,000 for the provision of consultation and technical
assistance services to the Health Housing and Homeless Services Division, for the period from July 1, 2021
through December 31, 2022.
In October 2022, the County Administrator approved and the Purchasing Services Manager executed
Amendment/Extension Agreement #25-097-1 with Focus Strategies, effective December 31, 2022, to increase
the payment limit by $73,385 to a new payment limit not to exceed $193,385, for additional consultation and
technical assistance services and to extend the termination date from December 31, 2022 to December 31,
2023.
Approval of Contract Amendment Agreement #25-097-2 will allow the contractor to provide additional
consultation and technical assistance services through December 31, 2023. The Health, Housing and Homeless
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File #:23-325 Agenda Date:9/12/2023 Agenda #:
C.55.
Services Division submitted the amendment request late due to limited staffing and several vacancies.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, county will not have the Housing Project Management expertise needed to
support multiple projects.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-341 Agenda Date:9/12/2023 Agenda #:
C.56.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Transportation Vouchers for Contra Costa Health Plan Members
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent or designee to purchase, on behalf of the Health Services
Director, up to 4,000 Central Contra Costa Transit Authority - County Connection LINK Paratransit bus tickets
each with a $5 value totaling $20,000 for members of the Contra Costa Health Plan (CCHP), as recommended
by the Health Services Director.
FISCAL IMPACT:
This $20,000 expenditure will be funded by CCHP Enterprise Fund II.
BACKGROUND:
California Department of Health Care Services provides non-emergency medical transportation and non-
medical transportation services as a benefit to Medi-Cal Managed Care members under All Plan Letter (APL)
22-008, Non-Emergency Medical and Non-Medical Transportation Services and Related Travel Expenses.
CCHP is a Medi-Cal Managed Care Plan and must provide Non-Emergency Medical Transportation (NEMT)
and Non-Medical Transportation (NMT) services to obtain medically necessary Medi-Cal services, including
those not covered under the managed care plan contract. CCHP is contracted with 14 Non-Emergency Medical
Transportation and 3 Non-Medical Transportation providers. Having contracted transportation providers does
not ensure that CCHP members are able to receive the transportation services needed due to providers not
having enough time to schedule the ride at the needed time, urgent appointments, and no available
appointments. The Central Contra Costa Transit Authority (County Connection) grants equal access to its
transportation services in Central Contra Costa, including County Connection LINK Paratransit. County
Connection LINK Paratransit is a shared-ride service for people who are unable to use regular buses and trains
due to a disability or disabling health condition. CCHP utilizes the services of the LINK Paratransit agency to
provide transportation services for CCHP Medi-Cal members to/from their medical, dental, and behavioral
health appointments in Central Contra Costa County. To ensure transportation services compliance and access
to care, many CCHP members need transportation vouchers. Approval of this purchase will support members to
access necessary health services and is a cost-saving option for CCHP instead of using the NEMT and NMT
contracted providers at higher costs.
CONSEQUENCE OF NEGATIVE ACTION:
Not having transportation vouchers available for CCHP members needing transportation services would mean
CCHP would be non-compliant with the California Department of Health Care Services mandate (APL 22-008)
in providing access to care.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-341 Agenda Date:9/12/2023 Agenda #:
C.56.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-326 Agenda Date:9/12/2023 Agenda #:
C.57.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Grant Award Extension #28-980-1 with the U. S. Environmental Protection Agency
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to accept a Grant Award Extension
#28-980-1 with the U.S.Environmental Protection Agency,to extend the term date from November 30,2023 to
May 31,2024,with no change in the payment to the County in an amount not to exceed $200,000 for the State
Environmental Justice Cooperative Agreement Program - Train-the-Trainer Health Promoter Program.
FISCAL IMPACT:
No change in the original amount payable to the County up to $200,000 in funding from the U.S.
Environmental Protection Agency’s. No County match required.
BACKGROUND:
The goal of this Grant is to provide funding to Lifelong Medical Care and La Clinica de la Raza to allow them
to implement Asthma Home Visiting Programs,providing in-home asthma trigger assessment,treatment,
education,and minor home remediation for patients insured through Medicaid,with the existing Health
Promoters and Promatora Programs.This Grant is designed to provide training on air quality,air pollution
mitigation and a Community Action Model that empowers patients and community members to be decision-
making stakeholders in local initiatives and policies.This Project will bring both programs together to work
hand-in-hand.
Approval of this Grant Award Extension #28-980-1 will allow the County to complete implementation of tasks
outlined in the workplan by extending the termination date from November 30,2023 to May 31,2024,for the
State Environmental Justice Cooperative Agreement Program - Train-the-Trainer Health Promoter Program.
CONSEQUENCE OF NEGATIVE ACTION:
If this grant extension is not approved, the County will not be able to complete implementation of tasks
outlined in the workplan.
CHILDREN’S IMPACT STATEMENT:
The recommendation supports the following children's outcome(s):(1)Children Ready for and Succeeding in
School;(2)Children and Youth Healthy and Preparing for Productive Adulthood;(3)Families that are
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File #:23-326 Agenda Date:9/12/2023 Agenda #:
C.57.
Economically Self Sufficient; and (4) Families that are Safe, Stable and Nurturing.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-342 Agenda Date:9/12/2023 Agenda #:
C.58.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Standard Agreement (Amendment) #29-772-53 with the State of California, Department of
Health Care Services
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Standard Agreement (Amendment)#29-772-53 (State #04-36067,A-37)with the State of California,
Department of Health Care Services (DHCS),to amend Agreement #29-772-13 (as amended by subsequent
amendments #29-772-14 through #29-772-52),to add new language and modify existing language,for
subcontract network certification,reporting requirements,community health care workers services,cognitive
health,grievance and appeals,and asthma preventive services,with no change in the original amount payable
of up to $317,472,000 or term of April 1, 2005 to December 31, 2023.
FISCAL IMPACT:
There is no change to the original amount payable to County for the Medi-Cal Managed Care Local Initiative
Project. No County match required.
BACKGROUND:
The State has been contracting with the Health Services Department’s Contra Costa Health Plan to provide
health care services to eligible Medi-Cal recipients within the scope of Medi-Cal benefits under the Medi-Cal
Local Initiative Health Plan since February 1, 1997.
On April 26,2005,the Board of Supervisors approved Standard Agreement #29-772-13 with the State of
California,DHCS,for the Medi-Cal Local Initiative Health Plan,for the period from April 1,2005 through
December 31,2008.Subsequent amendments #29-772-14 through #29-772-52 have been issued by DHCS to
amend Standard Agreement #29-772-13 to extend the term through December 31,2023,add funds,adjust
capitation rates and modify language.
Approval of this Standard Agreement (Amendment)#29-772-53 will add new language and modify existing
language for subcontract network certification,reporting requirements,community health care workers
services,cognitive health,grievance and appeals,and asthma preventive services,with no change in the
original amount payable of up to $317,472,000 or term of April 1, 2005 to December 31, 2023.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved,the County will not be able to continue the Medi-Cal Managed Care Local
Initiative Project.
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File #:23-342 Agenda Date:9/12/2023 Agenda #:
C.58.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-343 Agenda Date:9/12/2023 Agenda #:
C.59.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Amendment/Extension Agreement #23-725-2 with The Justice Collective, LLC
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment/Extension Agreement #23-725-2 with The Justice Collective, LLC, a limited liability
company, to increase the payment limit by $47,000, from $200,000, to a new payment limit of $247,000 and
extend the termination date from December 31, 2023 to March 31, 2024, for additional consultation, training,
data analytics and technical support regarding development of equity efforts, initiatives and policies for the
Health Services Department.
FISCAL IMPACT:
Approval of this amendment will result in additional annual expenditures of up to $47,000 and will be funded
as budgeted by the department in FY 2023-24, by Hospital Enterprise Fund I.
BACKGROUND:
In September 2021, the County Administrator approved and the Purchasing Services Manager executed
Contract #23-725 with The Justice Collective, LLC, in an amount not to exceed $167,675, for the provision of
consultation, training, data analytics, and technical support services to the Health Services Department’s Office
of the Director for the period September 1, 2021 through August 31, 2022.
In September 2022, the County Administrator approved and the Purchasing Services Manager executed
Contract Amendment/Extension #23-725-1 with The Justice Collective, LLC, to increase the payment limit by
$32,325 to a new total payment limit of $200,000 and extend the termination date from August 31, 2022 to
December 31, 2023 for additional consultation, training, data analytics, and technical support services to the
Office of the Director.
Approval of Contract Amendment/Extension Agreement #23-725-2 will allow the contractor to provide
additional consultation, training, data analytics, and technical support services to the Office of the Director and
extend the termination date from December 31, 2023 through March 31, 2024.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved the Department will not be able to complete its timeline for creating
initiatives and polices regarding equity in the healthcare.
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File #:23-343 Agenda Date:9/12/2023 Agenda #:
C.59.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-344 Agenda Date:9/12/2023 Agenda #:
C.60.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Contract #23-824 with Canto Software, Inc.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Contract #23-824 containing mutual indemnification with Canto Software,Inc.,a corporation,in an amount not
to exceed $40,000,to provide hosted digital asset management software for Contra Costa Health Services
(CCHS) communication office, for the period from September 25, 2023 through September 24, 2025.
FISCAL IMPACT:
This contract will result in contractual service expenditures of up to $40,000 over a 2-year period and will be
funded 100% by American Rescue Plan Act.
BACKGROUND:
This contract meets the needs of the county by providing a centralized content library for digital assets such as
photos,videos,graphic design work,etc.,enhancing the speed and efficiency with which the department can
respond to requests concerning these assets and manage its new public-facing website.CCHS's communication
office will use this Software as a Service (SaaS)platform to assist in the daily workflow regarding the creation
of web,social media,and other digital assets.The platform will also store and archive digital public records,
including approximately 3,600 (approx.32GB of data)from a decommissioned website used by CCHS during
the COVID-19 pandemic emergency response period.In May 2023,CCHS conducted a solicitation for these
services.Of the four vendors contacted,Bynder.com,SmartSheet,BrandFolder,and Canto,two responded.
Canto Software Inc’s Canto Platform was selected for its ease of use,searchable,secure system and approved
by the Purchasing Agent.
Under contract #23-824,the parties will execute a Digital Asset Management Software as a Service Agreement
and Order Form for the implementation,administration,and use of the platform,giving the County right to
access and use the SaaS.Under the contract the County is obligated to indemnify Canto Software,Inc.,for
claims arising out of County’s breach of the agreement;third party claims that County Content infringes on any
third party’s intellectual property rights;or County’s gross negligence or willful misconduct,and limits Canto's
liability to an amount not to exceed the amount paid in the twelve months preceding such claim.
Approval of this new Contract #23-824 allows the contractor to provide services through September 24, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved,it will impede the archiving and storage of public records related to the
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-344 Agenda Date:9/12/2023 Agenda #:
C.60.
If this contract is not approved,it will impede the archiving and storage of public records related to the
department’s COVID-19 pandemic website.It will also prevent the department from implementing its plan to
store digital assets for use in its public communication work, affecting the efficiency of that work.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-345 Agenda Date:9/12/2023 Agenda #:
C.61.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Amendment #24-773-38 with Mountain Valley Child and Family Services, Inc.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment Agreement #24-773-38 with Mountain Valley Child and Family Services, Inc., a non-
profit corporation, effective September 1, 2023, to amend Novation Contract #24-773-37, to decrease the
payment limit by $2,813,362, from $4,765,041 to a new payment limit of $1,951,679, with no change in the
original term of July 1, 2023 through June 30, 2024.
FISCAL IMPACT:
Approval of this amendment will result in a decrease in budgeted expenditures by $2,813,362 to a new amount
not to exceed $1,951,679 funded by 90% Federal Medi-Cal and 10% Mental Health Services Act. (No rate
increase)
BACKGROUND:
This contract meets the social needs of county’s population by providing a comprehensive range of services and
supports, including intensive individualized mental health services to Contra Costa dependents who are
experiencing serious mental illness, likely to exhibit co-occurring disorders, and from underserved populations.
The County on behalf of its Health Services Department has been contracting with Mountain Valley Child and
Family Services, Inc. since July 1, 1994.
On June 27, 2023, the Board of Supervisors approved Novation Contract #24-773-37 with Mountain Valley
Child and Family Services, Inc., in an amount not to exceed $4,765,041, for the provision of TBS, and mental
health services for SED youth and dependents, for the period from July 1, 2023 through June 30, 2024.
Approval of Amendment Agreement #24-773-38 will decrease the payment limit to appropriately reflect the
volume of comprehensive mental health services provided by this contractor through June 30, 2024.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, the contractor will not be able to comply with providing the volume of
services originally agreed to.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-345 Agenda Date:9/12/2023 Agenda #:
C.61.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-346 Agenda Date:9/12/2023 Agenda #:
C.62.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Novation Contract #74-191-20 with West Contra Costa Unified School District
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Novation Contract #74-191-20 with West Contra Costa Unified School District, a government agency, in an
amount not to exceed $749,268, to provide Mental Health Medi-Cal Specialty Provider services to Severely
Emotionally Disturbed (SED) children in West Contra Costa County, for the period from July 1, 2023 through
June 30, 2024.
FISCAL IMPACT:
Approval of this contract will result in annual budgeted expenditures of up to $749,268 and will be funded
100% by Federal Medi-Cal. (Rate increase)
BACKGROUND:
This agreement meets the social needs of county’s population by providing Mental Health Medi-Cal Specialty
Provider services to families of SED children; facilitates multi-agency collaborative service delivery; and
minimizes the need for crisis services and involvement with the Juvenile Justice System. West Contra Costa
Unified School District has been providing wraparound services to families of SED children for the county
since July 2002.
On September 20, 2022, the Board of Supervisors approved Novation Contract #74-191-19 with West Contra
Costa Unified School District, in the amount not to exceed $749,268 for the provision of Mental Health Medi-
Cal Specialty Provider services to SED children in West Contra Costa County for the period from July 1, 2022
through June 30, 2023, which included a six-month automatic extension through December 31, 2023.
Approval of Novation Contract #74-191-20 replaces the automatic extension under the prior contract and
allows the contractor to continue providing services through June 30, 2024.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, there will be fewer Mental Health Medi-Cal Specialty Provider services
available to families of children with serious emotional and behavioral disturbances in West Contra Costa
County, which may result in the need for crisis services and involvement with the juvenile justice system.
Children’s Impact Statement:
This program supports the following Board of Supervisors’community outcomes:“Children Ready for and
Succeeding in School”;“Families that are Safe,Stable,and Nurturing”;and “Communities that are Safe and
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-346 Agenda Date:9/12/2023 Agenda #:
C.62.
Succeeding in School”;“Families that are Safe,Stable,and Nurturing”;and “Communities that are Safe and
Provide a High Quality of Life for Children and Families”.Expected program outcomes include an increase in
positive social and emotional development as measured by the Child and Adolescent Functional Assessment
Scale (CAFAS).
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-347 Agenda Date:9/12/2023 Agenda #:
C.63.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Rescind Prior Board Action Pertaining to Contracted Services with Stanford Health Care (dba
SHC Reference Laboratory)
RECOMMENDATIONS:
RESCIND Board Action of July 18,2023 (C.71),which pertained to a contract with Stanford Health Care (dba
SHC Reference Laboratory)and APPROVE and AUTHORIZE the Health Services Director,or designee,to
execute Contract #26-749-11 with Stanford Health Center (dba SHC Reference Laboratory)a non-profit
corporation,including mutual indemnification,in the amount not to exceed $5,000 to provide outside clinical
laboratory services for the period July 1, 2023 through June 30, 2024.
FISCAL IMPACT:
Approval of this contract will result in annual contractual expenditures of up to $5,000,funded 100%by
Hospital Enterprise Fund I. (Rate increase)
BACKGROUND:
Contra Costa Regional Medical Center (CCRMC)and Contra Costa Health Centers have an obligation to
provide specialized outside clinical laboratory testing services for tests that are rarely requested and require
special equipment which CCRMC does not have onsite.County contracts with outside contractors to provide
these specialized services.
On July 18,2023 the Board of Supervisors approved Contract #26-749-11with Stanford Health Center (dba
SHC Reference Laboratory)in the amount not to exceed $15,000 to provide outside laboratory services at
CCRMC and Contra Costa Health Centers for the period July 1, 2023 through June 30, 2026.
The Board Action of July 18,2023 (C.71)is being rescinded by the Division due to the ongoing negotiations
with the Contractor that determined both parties agreed to a one-year term for these services,which this Board
Order will correct.
Under new Contract #26-749-11,this contractor will provide outside clinical laboratory services for CCRMC
and Contra Costa Health Centers requiring specialized testing equipment County does not have on site,for the
period July 1, 2023 through June 30, 2024. This contract contains mutual indemnification.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved,CCRMC and Contra Costa Health Centers will not have access to Contractor’s
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-347 Agenda Date:9/12/2023 Agenda #:
C.63.
specialty outside laboratory testing services, which may delay services to patients.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-348 Agenda Date:9/12/2023 Agenda #:
C.64.
To:Board of Supervisors
From:Anna Roth, Health Services Director
Report Title:Rescind Prior Board Action Pertaining to Contracted Services with Symplr Care Management,
LLC and Approve new Contract #77-592 with Symplr Care Management, LLC
RECOMMENDATIONS:
RESCIND Board Action of June 27,2023 (C.49),which pertained to a contract with Symplr Care Management
LLC;and APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the
County Contract #77-592 containing mutual indemnification with Symplr Care Management,LLC.,a
corporation,in an amount not to exceed $900,000,to provide credentialing support regarding health care
operations for Contra Costa Health Plan (CCHP) for the period September 1, 2023 through August 31, 2026.
FISCAL IMPACT:
This contract will result in contractual service expenditures of up to $900,000 over a 3-year period and will be
funded 100% by CCHP Enterprise Fund II.
BACKGROUND:
This contract meets the needs of the County by providing CCHP services regarding its healthcare operations by
increasing the efficiency of credentialing medical providers contracted in CCHP's provider network.CCHP is
mandated by its contracts with Department of Health Care Services and Department of Managed Health Care to
use a National Committee for Quality Assurance certified vendor to perform primary source verification on all
providers and vendors who will deliver services to CCHP Members.Symplr Care Management,LLC,was
chosen for its expertise in the field,and response time of the primary source verification process and issued a
single source status for this contract.
On June 27,2023 (C.49)the Board of Supervisors approved Contract #77-592 to allow the contractor to
provide credentialing services for healthcare providers contracted in CCHP's provider network for the period
July 1, 2023, through June 30, 2026.
This Board Order revises the term to current,and clarifies that under the contract,the County is obligated to
indemnify Symplr Care Management,LLC.,for claims arising out of County’s gross negligence or willful
misconduct. The contract also includes limited liability provisions.
Approval of this new Contract #27-592,allows the contractor to provide credentialing support regarding health
care operations for the period September 1, 2023 through August 31, 2026.
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File #:23-348 Agenda Date:9/12/2023 Agenda #:
C.64.
CONSEQUENCE OF NEGATIVE ACTION:
If the recommendation is not approved,the prior Board action will stand,and remain inconsistent with the final
terms agreed upon between the parties’ causing discrepancies with the related records and transactions.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-327 Agenda Date:9/12/2023 Agenda #:
C.65.
To:Board of Supervisors
From:Esa Ehmen-Krause, County Probation Officer
Report Title:Add one Departmental Community and Media Relations Coordinator, cancel one
Program/Projects Coordinator
RECOMMENDATIONS:
ADOPT Position Adjustment Resolution 26173 to add one (1) Departmental Community and Media Relations
Coordinator (ADSH) at salary plan and grade B85-1649 ($7,648-$9,296) and cancel one (1) Program/Projects
Coordinator (APHA) position #18844 at salary plan and grade
ZA2-1771 ($8,888-$10,829) in the Probation Department.
FISCAL IMPACT:
This action is expected to generate savings for the department. The new position will continue to be funded by
the department's entitlement dollars. (DJJ, JJCPA, SB678)
BACKGROUND:
As legislation continues to change and Probation is mandated to carry out additional responsibilities, new
programs and processes must be created. Advocates as well as other County and community partners must
become acclimated and familiar with the new charge and its rollout. With these changes comes an increasing
amount of formal and informal information requests. In the past Probation received these inquiries on a regular
basis, but with increased scrutiny in additional responsibilities, these requests have increased significantly.
Since Probation is a law enforcement agency, the amount of tact required in these responses is critical. That
said, a professional media relations position is necessary to continue to effectively respond to these requests.
Further, after evaluation of positions in the department, it has been determined that a media relations position
would better suit the needs of the department.
CONSEQUENCE OF NEGATIVE ACTION:
If unapproved the Department would be unable to effectively respond to high-priority complex requests from
the public and other departments timely.
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File #:23-327 Agenda Date:9/12/2023 Agenda #:
C.65.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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POSITION ADJUSTMENT REQUEST
NO. 26173
DATE 3/7/2023
Department No./
Department Probation Budget Unit No. 0308 Org No. 3000 Agency No. 30
Action Requested: ADD one (1) Departmental Community and Media Relations Coordinator, and CANCEL one (1)
Program/Projects Coordinator position (PCN# 18844) in the Probation Department.
Proposed Effective Date: 7/1/2023
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 $0.00 Net County Cost $0.00
Total this FY $0.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost savings
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Sarah Shkidt
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Enid Mendoza 8/25/2023
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 8/28/2023
Add one (1) Departmental Community and Media Relations Coordinator, and cancel one (1) Program/Projects Coordinator
position (PCN# 18844)
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Gladys Reid 8/28/2023
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 9/5/2023
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources Enid Mendoza
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
577
REQUEST FOR PROJECT POSITIONS
Department Date No.
1. Project Positions Requested:
2. Explain Specific Duties of Position(s)
3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds)
4. Duration of the Project: Start Date End Date
Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain.
5. Project Annual Cost
a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.)
c. Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c. financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will
forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted
9. How will the project position(s) be filled?
a. Competitive examination(s)
b. Existing employment list(s) Which one(s)?
c. Direct appointment of:
1. Merit System employee who will be placed on leave from current job
2. Non-County employee
Provide a justification if filling position(s) by C1 or C2
USE ADDITIONAL PAPER IF NECESSARY
578
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-392 Agenda Date:9/12/2023 Agenda #:
C.66.
To:Board of Supervisors
From:Ann Elliott, Human Resources Director
Report Title:Approve Clarification of Board Order C.31 as Approved on August 1, 2023
RECOMMENDATIONS:
APPROVE clarification of Board action of August 1, 2023 (Item C.31), which adopted Position Adjustment
Resolution No. 26170 to reallocate the pay for the Fire Emergency Vehicle Technician I (PMVC), Fire
Apparatus Service Coordinator (PMSC), Fire Emergency Vehicle Technician II (PMTC), and Lead Fire
Emergency Vehicle Technician (PMNC) represented classifications to instead reflect the appropriate starting
monthly pay rate and salary plan schedules as follows: Fire Emergency Vehicle Technician I (PMVC) and Fire
Apparatus Service Coordinator (PMSC) classifications at salary plan and grade $7,897.57 - $8,707.07; and Fire
Emergency Vehicle Technician II (PMTC) classification at salary plan and grade TB5 1000 ($9,149.11 -
$10,086.89); and Lead Fire Emergency Vehicle Technician (PMNC) classification at salary plan and grade TB5
1001 ($10,589.96 - $11,675.43) in the Fire Protection District.
FISCAL IMPACT:
Fiscal impact does not change from previously approved item.
BACKGROUND:
Following approval of C.31 of the August 1, 2023 Board Agenda, Human Resources learned there was an error
with the dollar amounts stated for the starting monthly salary of the requested reallocations. Upon review of the
filled positions in those classifications and the salary steps of all incumbents, all were found to be at top step.
Therefore, the incorrectly stated starting salary of the new salary range does not have a fiscal impact. To ensure
the Board Adopted salary range aligns with the appropriate PeopleSoft salary range, the department is
requesting approval of this clarification. The corrected starting step amounts are stated above in the
Recommendation.
CONSEQUENCE OF NEGATIVE ACTION:
If this item is not corrected, the PeopleSoft salary range will not align with the Board Approved salary range,
and the employees will not receive the new pay rate until this is corrected.
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File #:23-392 Agenda Date:9/12/2023 Agenda #:
C.66.
☒Recommendation of the County Administrator
☐ Recommendation of Board Committee
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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POSITION ADJUSTMENT REQUEST
NO. 26170 (rev)
DATE 9/6/2022
Department No./
Department HR for CCC Fire Protection District Budget Unit No. 7300 Org No. 7300 Agency No. 70
Action Requested: ADOPT CORRECTED VERSION of consent item (AIR 54140, P300 26170) previously approved on
August 1, 2023, requesting the reallocation of pay for Fire Emergency Vehicle Technician I (PMVC), Fire Apparatus Service
Coordinator (PMSC), Fire Emergency Vehicle Technician II (PMTC), and Lead Emergency Vehicle Technician (PMNC).
Proposed Effective Date: 8/1/2022
Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No
Total One-Time Costs (non-salary) associated with request: $0.00
Estimated total cost adjustment (salary / benefits / one time):
Total annual cost $82,429.00 Net County Cost
Total this FY $6,869.00 N.C.C. this FY
SOURCE OF FUNDING TO OFFSET ADJUSTMENT CCCFPD General Operating Fund
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Seantea Stewart
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Enid Mendoza 9/6/2023
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 7/19/2022
Fire Emergency Vehicle Technician I and Fire Apparatus Service Coordinator should be reallocated to ($7897 - $8707) at
salary plan and grade TB5 1575; Fire Emergency Vehicle Technician II should be reallocated to ($9149 - $10086) at salary
plan and grade TB5 1000; and Lead Fire Emergency Vehicle Technician reallocated to ($10589 - $11675) at salary plan and
grade TB5 1001.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
8/1/2023(Date) Seantea Stewart 9/6/2023
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 9/6/2023
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources Enid Mendoza
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
581
REQUEST FOR PROJECT POSITIONS
Department Date No.
1. Project Positions Requested:
2. Explain Specific Duties of Position(s)
3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds)
4. Duration of the Project: Start Date End Date
Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain.
5. Project Annual Cost
a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.)
c. Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c. financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will
forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted
9. How will the project position(s) be filled?
a. Competitive examination(s)
b. Existing employment list(s) Which one(s)?
c. Direct appointment of:
1. Merit System employee who will be placed on leave from current job
2. Non-County employee
Provide a justification if filling position(s) by C1 or C2
USE ADDITIONAL PAPER IF NECESSARY
582
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-547 Agenda Date:9/12/2023 Agenda #:
C.67.
To:Board of Supervisors
From:Alison McKee, County Librarian
Report Title:Revised Open Hours for Rodeo Library Effective October 2, 2023
RECOMMENDATIONS:
ADOPT Resolution No. 2023/ authorizing revised operating hours for Contra Costa County Library Rodeo
Branch from the hours approved under Resolution No. 2022/270 on September 20, 2022, to increase the
County-funded base hours open to the public from 23 to 24 hours per week.
FISCAL IMPACT:
100% Library Fund
BACKGROUND:
The Rodeo Library is currently open 23 hours per week with the following schedule: M 11-5, T 1-7, W closed,
Th 1-7, Friday Closed, Sa 12-5, Su Closed. This schedule is difficult for the community to remember since
there is no consistency. Additionally, it is the only library in the County system that does not have at least one
evening with open hours until 8:00 p.m.
The proposed schedule will also provide the community with an additional open hour per week: Su-Tu Closed,
W 11-5, Th 2-8, F 11-5, Sa 11-5
CONSEQUENCE OF NEGATIVE ACTION:
The Rodeo Library will remain open 23 hours per week and have no days when they are open until 8:00 p.m.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:RES 23-547 Agenda Date:9/12/2023 Agenda #:
C.67.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF Revising the Rodeo Library Open Hours to include one additional open hour per week
and one night open until 8pm:
WHEREAS, on September 20, 2022, the Board of Supervisors adopted Resolution 2022/270 authorizing a
change in operating hours for the library that deviated from the standard operating hours (8 am-12 noon; 1 pm-
5 pm) set under County Ordinance No. 22-2.202; and WHEREAS, the library wishes to continue its practice of
offering hours beyond what is prescribed in County Ordinance No. 22-2.202 (7:30 am to 5 pm, Monday to
Friday, No Lunch Breaks) to better accommodate the needs of the public; and WHEREAS, the Rodeo Library
is currently open only 23 hours per week and has no open hours until 8pm;
NOW, THEREFORE, BE IT RESOLVED The Board of Supervisors does hereby approve the request to update
the hours of operation for the libraries to the hours shown in the attached table (Attachment A) and BE IT
FURTHER RESOLVED that this resolution supersedes and replaces Resolution No. 2022/270 which was
adopted by the board on September 20, 2022.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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REVISED TABLE A ATTACHMENT September 12, 2023 (Effective 10-2-2023)
Department Operating Hours Outside of County Statute
Library
Library Address Hours Approved Resolution No. 2021/195 Current
Hours/Week
Proposed Operating Hours Proposed
Hours/Week
Antioch Library 501 W. 18th
Street 94509 Noon-8pm (Tues); 10am-6pm (Wed, Thurs); 9am-5pm (Fri,
Sat); Closed (Sun, Mon) 40 NO CHANGE 40
Bay Point Library 205 Pacifica
Avenue 94565 2:30pm-8pm (Mon, Tues, Thurs); 1:30pm-8pm (Wed);
2:30pm-6pm (Fri); 10am-6pm (Sat); Closed (Sun) 34.5 NO CHANGE 34.5
Brentwood Library 104 Oak
Street 94513 10am-8pm (Mon, Tues); 10am-6pm (Wed, Thurs); 9am-5pm
(Fri, Sat); Closed (Sun) 52 NO CHANGE 52
Clayton Library 6125 Clayton
Road 94517 Noon-8pm (Tues); 10am-6pm (Wed - Sat); Closed (Sun,
Mon) 40 NO CHANGE 40
Concord Library 2900 Salvio
Street 94519 10am-8pm (Mon, Tues); 10am-6pm (Wed, Thurs); 9am-5pm
(Fri, Sat); Closed (Sun) 52 NO CHANGE 52
Crockett Library 991 Loring
Avenue 94525 2pm-8pm (Mon); 11am-5pm (Wed, Fri);10am-4pm (Sat);
Closed (Tues, Thurs, Sun) 24 NO CHANGE 24
Danville Library 400 Front Street
94526 10am-8pm (Mon-Thurs);10am-6pm (Fri, Sat); Closed (Sun) 56 NO CHANGE 56
Dougherty Station Library
17017 Bollinger Canyon Road,
San Ramon,94582
10am-8pm (Tues, Wed, Thurs); 9am-5pm (Fri, Sat), Closed
(Sun, Mon) 46 NO CHANGE 46
El Cerrito Library 65l0 Stockton
Avenue 94530 10am-8pm (Tues, Wed, Thurs); 9am-5pm (Fri, Sat), Closed
(Sun, Mon) 46 NO CHANGE 46
El Sobrante Library 4191 Appian
Way 94803 Noon-8pm (Tues); 10am-6pm (Wed, Thurs); 9am-5pm (Fri,
Sat); Closed (Sun, Mon) 40 NO CHANGE 40
Hercules Library 109 Civic Drive
94547 10am-8pm (Tues, Wed, Thurs); 9am-5pm (Fri, Sat); Closed
(Sun, Mon) 46 NO CHANGE 46
Kensington Library 61Arlington
Avenue 94707 Noon-8pm (Tues); 10am-6pm (Wed, Thurs); 9am-5pm (Fri,
Sat); Closed (Sun, Mon) 40 NO CHANGE 40
Lafayette Library 3491 Mt.
Diablo Boulevard 94549 10am-8pm (Mon-Thurs);9am-5pm (Fri, Sat); Closed (Sun) 56 NO CHANGE 56
Martinez Library 740 Court
Street 94553 Noon-8pm (Tues); 10am-6pm (Wed, Thurs); 9am-5pm (Fri,
Sat); Closed (Sun, Mon) 40 NO CHANGE 40
Moraga Library 1500 St. Mary's
Road 94556 Noon-8pm (Tues); 10am-6pm (Wed, Thurs); 9am-5pm (Fri,
Sat); Closed (Sun, Mon) 40 NO CHANGE 40
Oakley Library l050 Neroly Road
94561 Noon-8pm (Tues); 10am-6pm (Wed - Sat); Closed (Sun,
Mon) 40 NO CHANGE 40
Orinda Library 26 Orinda Way
94563 10am-8pm (Mon-Thurs); 10am-6pm (Fri, Sat); Closed (Sun) 56 NO CHANGE 56
Pinole Library 2935 Pinole
Valley Road 94564 Noon-8pm (Tues); 10am-6pm (Wed, Thurs); 9am-5pm (Fri,
Sat); Closed (Sun, Mon) 40 NO CHANGE 40
Pittsburg Library 80 Power
Avenue 94565 10am-8pm (Mon, Tues); 10am-6pm (Wed, Thurs); 9am-5pm
(Fri, Sat); Closed (Sun.) 52 NO CHANGE 52
Pleasant Hill Temporary Library,
100 Gregory Lane, Pleasant Hill
94523
Noon-8pm (Tues); 10am-6pm (Wed, Thurs); 9am-5pm (Fri,
Sat); Closed (Sun, Mon) 40 NO CHANGE 40
Prewett Library 4703 Lone Tree
Way, Antioch 94531 10am-7 pm (Tues); 12pm-8pm (Wed, Thurs); 12pm-5pm
(Fri, Sat) 35 NO CHANGE 35
Rodeo Library 220 Pacific
Avenue 94572 11am-5pm (Mon); 1pm-7pm (Tues, Thurs); 12pm-5pm
(Sat); Closed (Sun, Wed, Fri) 23 11am-5pm (Wed), 2pm-8pm (Thurs), 11am-5pm (Fri, Sat), Closed
(Sun, Mon, Tues) 24
San Pablo Library 13751 San
Pablo Avenue 94806 10am-8pm (Mon, Tues); 10am-6pm (Wed, Thurs); 9am-5pm
(Fri, Sat); Closed (Sun.) 52 NO CHANGE 52
San Ramon Library 100
Montgomery Street 94583 10am-8pm (Mon-Thurs);9am-5pm (Fri, Sat); Closed (Sun) 56 NO CHANGE 56
585
Walnut Creek Library 1644
North Broadway 94596 10am-8pm (Mon, Tues); 10am-6pm (Wed, Thurs); 9am-5pm
(Fri, Sat); Closed (Sun) 52 NO CHANGE 52
Ygnacio Valley Library 2661Oak
Grove Road, Walnut Creek
94598
10am-8pm (Mon, Tues); 10am-6pm (Wed, Thurs); 9am-5pm
(Fri, Sat); Closed (Sun) 52 NO CHANGE 52
Project Second Chance -
Central 2151 Salvio Street,
Suite 299 Concord, CA 94520 9am - 5pm (Mon-Fri); Closed (Sat, Sun) 40 NO CHANGE 40
Project Second Chance - East
50l W. 18th Street Antioch
94509 10am-6pm (Wed, Thurs); Closed (Fri – Tues) 16
NO CHANGE 16
Project Second Chance - West/
San Pablo 13751 San Pablo
Avenue 94806
Noon-8pm (Mon); 10am-6pm (Tues, Wed, Thurs); Closed
(Fri – Sun) 32
NO CHANGE 32
Project Second Chance -
West/Hercules 109 Civic Drive
94547 No longer a PSC Site 0
NO CHANGE 0
Project Second Chance –
East/Brentwood 104 Oak Street,
94513
Noon-8pm (Tues); Closed (Wed, Thurs); 9am-5pm (Fri);
Closed (Sat, Sun, Mon) 16
NO CHANGE 16
Library Administration 777
Arnold Drive, Suite 210,
Martinez 94553 8am-5pm (Mon-Fri); Closed (Sat,Sun) 40 NO CHANGE 40
586
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-328 Agenda Date:9/12/2023 Agenda #:
C.68.
To:Board of Supervisors
From:Alison McKee, County Librarian
Report Title:Library Agreement with the Contra Costa County Office of Education
RECOMMENDATIONS:
Approve and authorize the County Librarian, or designee, to execute an agreement including mutual
indemnification with the Contra Costa County Office of Education (CCCOE) for the purpose of connecting
students and staff in public schools in Contra Costa County with Library resources and services.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Library is committed to providing services to all county residents, including students and staff in public
schools. The primary way this is accomplished is for Library staff to visit public schools to issue library cards,
provide orientations and trainings on library services, promote awareness of the Library and its resources, and
bring guest speakers and authors onto the school site.
Contra Costa County has 19 different public school districts.Many school districts have recently begun
requiring all visitors, including library staff, to be fingerprinted, sign indemnification clauses, and provide proof
of vaccination and insurance prior to coming onto a school site. Individual library staff do not have the
authority to do this, which has resulted in library staff being severely curtailed in their ability to provide library
services inside public schools.
This agreement with CCCOE establishes the Library as a subcontractor of CCCOE and as such enables Library
staff to enter all the public school sites in Contra Costa without having to provide any of the above
requirements.
CCCOE will fingerprint all Library staff who will be assigned to provide services in the public schools prior to
Library staff entering the schools.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-328 Agenda Date:9/12/2023 Agenda #:
C.68.
CONSEQUENCE OF NEGATIVE ACTION:
Library staff will be severely curtailed in their ability to provide library services in public schools in Contra
Costa County.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-329 Agenda Date:9/12/2023 Agenda #:
C.69.
To:Board of Supervisors
From:Esa Ehmen-Krause, County Probation Officer
Report Title:Gift Cards to support Juvenile Probation clients
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute a purchase order with Blackhawk
Network Inc, on behalf of the Probation Department for 25 $50 Target gift cards, 25 $50 Walmart gift cards, 25
$50 Amazon gift cards, 24 $50 Uber gift cards, and a $50 shipping fee for a grand total of $5,000 to provide
support for Juvenile Probation clients.
FISCAL IMPACT:
These gift cards will be 100% funded by Juvenile Justice Crime Prevention Act (JJCPA) funds.
BACKGROUND:
The Probation Department has implemented an Evidence Based Practices (EBP) cognitive behavioral program
called "Core Correctional Practices (CCP)" as part of an EBP redesign. CCP focuses on training Deputy
Probation Officers to utilize effective communication and rehabilitative interventions with individuals on
probation to effect positive behavioral change. The Department uses a behavioral management system that
offers incentives responsive to the individual risk and needs of the client. Incentives, that may include gift
cards, have been proven to be a positive motivator for sustained behavioral change and a necessary component
to a successful behavior management system.
In addition to implementing Evidence Based Practices, the Probation Department’s goal is to reduce negative
contact in the justice system with its Juvenile clients. Resources such as incentives and stabilization support are
essential to removing barriers for children and families as they engage with Probation.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-329 Agenda Date:9/12/2023 Agenda #:
C.69.
CONSEQUENCE OF NEGATIVE ACTION:
If unapproved, the Probation Department will not be able to provide behavioral management incentives, or support
stabilization and barrier removal for children and families working with Probation, which could negatively impact
prevention and intervention efforts.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-548 Agenda Date:9/12/2023 Agenda #:
C.70.
To: Board of Supervisors
From:Esa Ehmen-Krause, County Probation Officer
Report Title:State of California Office of Traffic Safety Grant.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Probation Officer, or designee, to apply for grant funding from the
California Office of Traffic Safety,execute an agreement with the State, and accept funding in an amount not to
exceed $412,000 for intensive probation supervisions for high-risk Driving Under the Influence (DUI)
offenders with multiple DUI convictions from October 1, 2023 through September 30, 2024.
FISCAL IMPACT:
100% State Revenue, budgeted. No County match required.
BACKGROUND:
The Probation Department has had a partnership with the Office of Traffic Safety (OTS) for more than 15
years. The support and assistance provided by OTS, coupled with strong working relationships with state and
local law enforcement agencies, has allowed the Probation Department to closely monitor and rehabilitate
clients. Reducing the traumatic impact that impaired driving causes across the community contributes to
improving public safety. The safety of communities is a top priority and intensive supervision programs hold
DUI offenders accountable.
This grant will fund Probation Department personnel for an intensive supervision program for high-risk DUI
offenders with multiple DUI convictions. The intensive program involves check-ins with probationers to
make sure they are following court ordered terms of their probation, including conducting unannounced fourth
amendment waiver home searches, field visits, random alcohol and drug testing and ensuring those on
probation are attending court ordered DUI education and treatment programs. This grant will also pay for
warrant operations targeting probation violations and or DUI suspects who do not appear in court, officer
training in Standard Field Sobriety Testing, distribution of DUI “Be on the Lookout” (BOLO) alerts, and
collaboration with courts and prosecutors to establish probation orders and participation with local law
enforcement on anti-DUI efforts.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:RES 23-548 Agenda Date:9/12/2023 Agenda #:
C.70.
CONSEQUENCE OF NEGATIVE ACTION:
If unapproved, Probation would not be able to apply for and accept funding from the State to provide
intensive supervision for high-risk DUI offenders.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:RES 23-548 Agenda Date:9/12/2023 Agenda #:
C.70.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF: Approving and Authorizing Probation to apply for a grant with the California Office of
Traffic Safety, and authorizing the Chief of Probation, and or designee, to execute a grant agreement and accept
funding.
WHEREAS the Contra Costa County Probation Department is seeking funds for an intensive probation
supervision program for high-risk DUI offenders with multiple DUI convictions.
NOW, THEREFORE, BE IT RESOLVED: that the Board of Supervisors authorizes the County Probation
Officer, or designee, to apply for a grant with the California Office of Traffic Safety, and authorizes the County
Probation Officer, or designee, to execute an agreement, including any modifications and or extensions thereof,
and to accept funding.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-549 Agenda Date:9/12/2023 Agenda #:
C.71.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Ratify the prior decision of the Public Works Director, or designee, to fully close a portion of
Blackwood Drive, on August 14, 2023 through January 15, 2024, Walnut Creek area.
RECOMMENDATIONS:
ADOPT Resolution ratifying the prior decision of the Public Works Director,or designee,to fully close a
portion of Blackwood Drive between Murwood Drive and Solveig Drive,and all of Murwood Drive,Solveig
Drive,Carrol Road and Ward Drive,on August 14,2023 through January 15,2024 from 7:00 a.m.through 5:30
p.m.,for the purpose of trenching to install approximately 6,200 feet of water main and required appurtenances
for the infrastructure renewal project, Walnut Creek area. (District IV)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
East Bay Municipal Utility District (EBMUD),the applicant,has requested the road closures to help facilitate
the construction project.The narrow road widths are not conducive to maintaining one 10’wide lane of traffic
through the construction zones at all times during construction.Therefore,in the interest of expediting
construction and maximizing traffic safety,EBMUD is requesting a road closure.EBMUD has requested this
modification of the closure dates from the previously approved road closure permit due to the fact their crews
are working ahead of schedule and will be available at an earlier date for this project.Applicant shall follow
guidelines set forth by the Public Works Department.
CONSEQUENCE OF NEGATIVE ACTION:
Applicant will not have Board approval for completed road closure.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:RES 23-549 Agenda Date:9/12/2023 Agenda #:
C.71.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF:Ratifying the prior decision of the Public Works Director,or designee,to fully close a
portion of Blackwood Drive between Murwood Drive and Solveig Drive,and all of Murwood Drive ,Solveig
Drive ,Carrol Road and Ward Drive,on August 14,2023 through January 15,2024 from 7:00 a.m.through
5:30 p.m., for the purpose of trenching for an infrastructure renewal project, Walnut Creek area. (District IV)
RC23-22
NOW,THEREFORE,BE IT RESOLVED that permission is granted to East Bay Municipal Utility District to
fully close a portion of Blackwood Drive between Murwood Drive and Solveig Drive,and all of Murwood
Drive ,Solveig Drive ,Carrol Road and Ward Drive,except for emergency traffic,local residents,US Postal
Service and garbage trucks on August 14,2023 through January 15,2024 for the period of 7:00 a.m.through
5:30 p.m., subject to the following conditions:
1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works
Department.Emergency vehicles,residents within the event area and essential services will be allowed
access as required.
2.All signing to be in accordance with the California Manual on Uniform Traffic Control Devices.
3.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.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-550 Agenda Date:9/12/2023 Agenda #:
C.72.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Approve and Authorize to fully close a portion of Alpine Road, on October 11, 2023, from 8:30
a.m. through 4:00 p.m., San Pablo area.
RECOMMENDATIONS:
ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion
of Alpine Road,on October 11,2023,from 8:30 am through 4:00 pm,for the purpose of a utility pole
replacement, San Pablo area. (District I)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Pacific Gas &Electric Company shall follow guidelines set forth by the Public Works Department.Pacific Gas
&Electric Company is requesting a road closure for a utility pole replacement.The closure is necessary to
maintain traffic safety due to the narrow roads.
CONSEQUENCE OF NEGATIVE ACTION:
Applicant will be unable to close the road for planned activities.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
Larry Gossett- Engineering Services, Kellen O’Connor - Engineering Services, Bob Hendry, Engineering Services, Marke Smith -Engineering Services, Chris
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:RES 23-550 Agenda Date:9/12/2023 Agenda #:
C.72.
cc:Larry Gossett- Engineering Services, Kellen O’Connor - Engineering Services, Bob Hendry, Engineering Services, Marke Smith -Engineering Services, Chris
Lau, Maintenance, CHP, Sheriff- Patrol Division Commander
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF:Approving and Authorizing the Public Works Director,or designee,to fully close a
portion of Alpine Road,on October 11,2023,from 8:30 a.m.through 4:00 p.m.,for the purpose of a utility pole
replacement, San Pablo area. (District I)
RC23-20
NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to
fully close a portion of Alpine Road,except for emergency traffic,local residents,US Postal Service,and
garbage trucks,on October 11,2023,for the period of 8:30 a.m.through 4:00 p.m.,subject to the following
conditions:
1.Traffic will be detoured via neighboring street(s)per the traffic control plan reviewed by Public Works.
Emergency vehicles,residents within the event area,and essential services will be allowed access as
required.
2.All signings are to be in accordance with the California Manual on Uniform Traffic Control Devices.
3.Pacific Gas &Electric Company 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.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:RES 23-550 Agenda Date:9/12/2023 Agenda #:
C.72.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-551 Agenda Date:9/12/2023 Agenda #:
C.73.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Approve and Authorize to fully close a portion of Alexander Street, on September 29, 2023,
from 8:30 a.m. through 4:00 p.m., Crockett area.
RECOMMENDATIONS:
ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion of
Alexander Street,on September 29,2023,from 8:30 a.m.through 4:00 p.m.,for the purpose of a utility pole
replacement, Crockett area. (District V)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Pacific Gas &Electric Company shall follow guidelines set forth by the Public Works Department.Pacific Gas
&Electric Company is requesting a road closure for a utility pole replacement.The closure is necessary to
maintain traffic safety due to the narrow roads.
CONSEQUENCE OF NEGATIVE ACTION:
Applicant will be unable to close the road for planned activities.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
cc: Larry Gossett - Engineering Services, Kellen O’Connor - Engineering Services, Bob Hendry - Engineering Services, Marke Smith - Engineering Services, Chris
Lau - Maintenance, CHP, Sherif - Patrol Division Commander
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:RES 23-551 Agenda Date:9/12/2023 Agenda #:
C.73.
Lau - Maintenance, CHP, Sherif - Patrol Division Commander
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF:Approving and Authorizing the Public Works Director,or designee,to fully close a
portion of Alexander Street,on September 29,2023,from 8:30 a.m.through 4:00 p.m.,for the purpose of a
utility pole replacement, Crockett area. (District V)
RC23-32
NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to
fully close Alexander Street,except for emergency traffic,local residents,US Postal Service,and garbage
trucks,on September 29,2023,for the period of 8:30 a.m.through 4:00 p.m.,subject to the following
conditions:
1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works
Department.Emergency vehicles,residents within the event area and essential services will be allowed
access as required.
2.All signing to be in accordance with the California Manual on Uniform Traffic Control Devices.
3.Pacific Gas &Electric Company 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.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:RES 23-552 Agenda Date:9/12/2023 Agenda #:
C.74.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Ratify the prior decision to fully close a portion of 2nd Street between Parker Avenue and John
Street, on August 26, 2023, Rodeo area.
RECOMMENDATIONS:
ADOPT Resolution ratifying the prior decision of the Public Works Director,or designee,to fully close a
portion of 2nd Street between Parker Avenue and John Street,on August 26,2023,from 10:00 a.m.through
5:00 p.m., for the purpose of a Back-to-School Community Block Party, Rodeo area. (District V)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Anthony Hodge/New Horizons shall follow guidelines set forth by the Public Works Department.Anthony
Hodge/New Horizons is requesting a road closure for a Back-to-School Community Block Party.The closure
is necessary to maintain traffic safety during the event.
CONSEQUENCE OF NEGATIVE ACTION:
Applicant will not have Board approval for completed road closure.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
cc: Larry Gossett - Engineering Services, Kellen O’Connor - Engineering Services, Bob Hendry - Engineering Services, Devon Patel- Engineering Services, Chris Lau
- Maintenance, CHP, Sheriff - Patrol Division Commander
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:RES 23-552 Agenda Date:9/12/2023 Agenda #:
C.74.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
RC23-31
NOW,THEREFORE,BE IT RESOLVED that permission is granted to Anthony Hodge /New Horizons to fully
close a portion of 2nd Street between Parker Avenue and John Street,except for emergency traffic,local
residents,US Postal Service,and garbage trucks,on August 26,2023,for the period of 10:00 a.m.through 5:00
p.m., subject to the following conditions:
1.Traffic will be detoured via neighboring streets per traffic control plan reviewed by Public Works.
Emergency vehicles,residents within the construction zone 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.Anthony Hodge/New Horizons 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.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:RES 23-552 Agenda Date:9/12/2023 Agenda #:
C.74.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-330 Agenda Date:9/12/2023 Agenda #:
C.75.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Grant application for the Vasco Road Corridor Safety Improvements Project, Byron area.
RECOMMENDATIONS:
APPROVE and RATIFY the Public Works Director’s prior submittal of a Rural and Tribal Assistance Pilot
Program grant application in the amount of $320,000 to the U.S.Department of Transportation (DOT)under
the Infrastructure Investment and Jobs Act (IIJA)to conduct a feasibility study for transportation improvements
along Vasco Road, Byron area. (District III)
FISCAL IMPACT:
If awarded, the recommended feasibility study will be 100% funded by Federal Funds.
BACKGROUND:
On June 15,2023,the DOT issued the Notice of Funding Opportunity for the Rural and Tribal Assistance Pilot
Program grant opportunity under the IIJA.In the notice,the DOT solicits applications for rural transportation
projects that help communities’advance transformative infrastructure projects by enhancing the safety,
efficiency,and equity of the country’s transportation system.The application window opens at 11 A.M.on
August 14,2023,and closes on September 28,2023.Funds are awarded on a first come,first serve basis,and
are expected to be exhausted prior to the end of the application window due to the competitive nature of the
grant opportunity.
The DOT has authorized and appropriated $3.4 million of funding to be available for this round of the Rural
and Tribal Assistance Pilot Program.The funding program is meant to provide early-stage developmental
assistance for rural and tribal infrastructure projects.It will award grants for either the hiring of staff or the
procurement of expert firms to provide financial,technical,and legal assistance;assistance with development-
phase activities; and information regarding innovative financing best practices and case studies.
The following guidelines apply to this cycle:(1)the total amount of funding sought by any single project
sponsor should not be greater than $320,000 to be eligible for 2022 and 2023 funds,(2)there is no requirement
for cost sharing or matching the grant funds,and (3)the project for which grant funding is being requested is
required to be eligible for one of the following programs:Transportation Infrastructure Finance and Innovation
Act Program (TIFIA),Railroad Rehabilitation &Improvement Financing Program (RRIF),Nationally
Significant Freight &Highway Projects Program (INFRA),Rebuilding American Infrastructure with
Sustainability and Equity Discretionary Grant Program (RAISE),National Infrastructure Project Assistance
Program (Mega), or the National Culvert Removal, Replacement, and Restoration (NCRRR) Grant Program.
Due to the grant program’s awarding of applicants on a first-come,first-serve basis and the competitive nature
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 3
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File #:23-330 Agenda Date:9/12/2023 Agenda #:
C.75.
Due to the grant program’s awarding of applicants on a first-come,first-serve basis and the competitive nature
of the program,Public Works staff submitted an application for a Rural and Tribal Assistance Pilot Program
grant when the application window opened on August 14,2023,at 11:00 AM.The grant application was to
request funding for technical service tasks (project planning,feasibility studies,cost estimation),and,if
awarded the funds,apply for the RAISE grant for the design and construction of the resulting project from the
feasibility study.
According to the Notice of Funding Opportunity, applications will be evaluated based on the following criteria:
·Appropriateness of services requested
o Current state of project’s development
o Whether proposed tasks are appropriate for current state of project’s development
o Likelihood that requested services will materially advance the project’s advancement
·Viability of grant funds requested
o Whether applicant has obtained bids or quotes for requested advisory services,and applicant’s
experience procuring advisory services in the past
o Source and amount of funding the applicant intends to commit (if any)as a contribution to the
overall cost of the services being proposed
Projects that receive “Meet”for both scoring criteria will be recommended for award to the Under Secretary of
Transportation for Policy,along with the recommended grant amount,which may be less than the requested
grant amount due to availability of grant funding remaining.
Public Works staff submitted a single application to conduct a feasibility study for transportation improvements
along Vasco Road.Vasco Road is a principal arterial that serves as an important inter-county connection
between east Contra Costa County and the adjacent Alameda County.It is a major commuter and truck route
that serves over 24,000 commuters daily,and it provides an alternative to the congested Interstate 680 and State
Route 4 corridors.Vasco Road consistently ranks highest on Contra Costa County’s road network for annual
number of collisions and three fatalities have occurred in the first half of 2023,which has made evident the
need for additional safety improvements along the 12-mile length of road.To address these safety concerns,a
feasibility study is needed to determine appropriate countermeasures and future improvements .
CONSEQUENCE OF NEGATIVE ACTION:
If the Public Works Department is not authorized to submit the application, funding will not be available.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:23-330 Agenda Date:9/12/2023 Agenda #:
C.75.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 3 of 3
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-331 Agenda Date:9/12/2023 Agenda #:
C.76.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Real Property Services Agreement between the County and the Solano Transportation Authority
for Westbound I-80 Cordelia Commercial Vehicle Enforcement Facility Project.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director to execute, on behalf of the County, a real property
services agreement with the Solano Transportation Authority (STA), under which the County will provide right
of way services to the STA for the Westbound I-80 Cordelia Commercial Vehicle Enforcement Facility Project,
effective July 1, 2023, until terminated by either party, with payment of the County’s costs not to exceed
$125,000.
FISCAL IMPACT:
100% Solano Transportation Authority Funds.
BACKGROUND:
The STA is planning for its Westbound I-80 Cordelia Commercial Vehicle Enforcement Facility project
(Project).The Project requires the STA to acquire interests in real property.The STA requires a variety of right
of way services but doesn’t have right of way staff and desires to contract with the County to provide right of
way services.
Under the agreement,the County will provide appraisal,acquisition,and negotiation services along with
condemnation support.Construction is scheduled to begin in spring 2024.All charges incurred by the County
will be invoiced and reimbursed by the STA on a quarterly basis, including costs incurred as of July 1, 2023.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not be able to provide right of way services to the STA for this project.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-331 Agenda Date:9/12/2023 Agenda #:
C.76.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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1
REAL PROPERTY SERVICES AGREEMENT
Westbound I-80 Cordelia Commercial Vehicle Enforcement Facility Project
1. Effective Date and Parties. Effective on July 1, 2023, the County of Contra
Costa, a political subdivision of the State of California ("County"), and the Solano
Transportation Authority, a public agency ("Agency"), hereby mutually promise
and agree as follows:
2. Purpose. The Agency is planning the Westbound I -80 Cordelia Commercial
Vehicle Enforcement Facility project. The Agency has no right of way staff and
desires to contract with the County for property appraisal and acquisition services.
3. Services by County. County will provide the Agency the following services, in
connection with the acquisition of right of way, in the area depicted in the attached
Appendix A, as directed by Agency: appraisal review; negotiations; land rights
document preparation; right of way acquisition; relocation; and/or supervision of
independent contractors providing such services; and related work as required (all
of which constitute “Services”).
The County warrants that it will perform these Services in accordance with
accepted professional standards and procedures. County reserves the right to
decline to provide services requested by the Agency on a project-by-project basis.
4. Payment for Services. Agency shall reimburse County, at the hourly charge out
rates in Attachment 1 in the attached Appendix B, for all time that County real
property staff perform Services for Agency under this agreement. Agency shall
reimburse County for costs of experts and contractors retained by County in the
performance of Services. Agency shall reimburse County for all other expenses
County incurs in the performance of the Services, including but not limited to
management of leases, all acquisition settlements, and any other costs of
acquisition, such as title fees, recording fees, and escrow costs that the County
actually incurs to perform the Services. Agency shall make payments to County
within 30 days after billing by County.
5. Indemnification. County shall defend, indemnify, and hold harmless the Agency,
its officers and employees for any claims, liabilities, damage, injury, or death of or
to any person, or the property of any person, including attorney’s and expert fees
(collectively, “Liabilities”) that arise out of the willful misconduct or the negligent
acts, errors, or omissions of the County, its officers, employees, agents, and
volunteers, in performing any of its or their obligations under this agreement.
Notwithstanding anything to the contrary, County is not obligated to indemnify
Agency, its officers, and employees for any portion of Liabilities that arise out of
Agency’s, or its officers’ or employees’ willful misconduct or negligent acts, errors,
or omissions.
609
2
Agency shall defend, indemnify and hold harmless County, its officers and
employees for any Liabilities that arise out of the willful misconduct or the
negligent acts, errors, or omissions of the Agency, its officers, employees, agents,
and volunteers, in performing any of its or their obligations under this agreement.
Notwithstanding anything to the contrary, Agency is not obligated to indemnify
County, its officers, and employees for any portion of Liabilities that arise out of
County’s, or its officers’ or employees’ willful misconduct or negligent acts, errors,
or omissions.
6. Independent Status. Nothing herein shall be construed to imply that any County
employee providing Services under this agreement is an Agency employee.
7. Term. The term of this agreement begins on the effective date hereof and ends
upon termination by either party upon 30 days written notice. The rights and
obligations of Paragraph 5 (Indemnification) shall survive any such termination.
Within 30 days after the termination of this agreement, Agency shall pay the
County for all unpaid charges and costs for Services the County provided, and for
all expenses that it incured during the performance of Services under this
agreement through the termination of this agreement.
8. Notices. Any notice required to be given to County and Agency hereunder will be
sufficient if delivered in writing as designated below, or to such other addresses
as County and STA may respectively designate by written notice to the other:
To County: Contra Costa County Public Works Department
c/o Real Estate Division
255 Glacier Drive
Martinez, CA 94553
(925) 957-2467
To Solano Transportation Authority
Attn: Nicholas Burton, Director of Projects
423 Main Street
Suisun City, CA 94585
(707) 424-6075
Notice given by personal delivery shall be deemed complete upon delivery. Notice
given by overnight carrier will be deemed complete on the day after it is
postmarked. Notice given by U.S. mail will be deemed complete on the third day
after it is postmarked.
610
3
9. Entire Agreement. This agreement contains the entire agreement between the
County and the Agency and supersedes any and all other prior agreements and all
negotiations leading up to the execution of this agreement, whether oral or in
writing, between the County and Agency. The County and Agency acknowledge
that no representations, inducements, promises, or statements, oral or otherwise,
have been made by either of them or by anyone acting on behalf of them that are
not embodied or incorporated by reference herein, and further agree that no other
covenant, representation, inducement, promise, or statement not set forth in this
agreement is valid or binding.
10. Amendments and Modifications. This Agreement may not be modified or
amended except in a writing approved by the County and Agency.
11. Governing Law. This agreement is governed by the laws of the State of
California.
12. Counterparts. This agreement may be executed in one or more counterparts.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
611
4
13. Severability. If any term or provision of this agreement is held, to any extent, to
be invalid or unenforceable, the remainder of this agreement will not be affected.
14. No Third-Party Beneficiaries. Nothing in this agreement creates, not shall it be
interpreted to create, any third-party beneficiaries.
COUNTY OF CONTRA COSTA SOLANO TRANSPORTATION AUTHORITY
By _____________________________ By__________________________
Brian M. Balbas, Public Works Director Daryl K. Halls, Executive Director
RECOMMENDED FOR APPROVAL: Approved as to Form:
by STA Legal Counsel
By ___________________________ By _________________________
Jessica L. Dillingham Bernadette Curry
Principal Real Property Agent
By _____________________________
Angela Bell
Supervising Real Property Agent
APPROVED AS TO FORM:
THOMAS L. GIEGER, COUNTY COUNSEL
By
Deputy County Counsel
AB:
G:\realprop\STA Westbound I-80 Cordelia Commercial Vehicle Enforcement Facility Project\Agreement County - STA\Real Prop
Services Agm_Solano 2023 -V_2 Final 8-10-23.docx
02/2021
612
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-365 Agenda Date:9/12/2023 Agenda #:
C.77.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Amendment to Consulting Services Agreement with Consor PMCM, Inc., Countywide.
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a Consulting Services
Agreement (contract)amendment with Consor PMCM,Inc.,effective September 12,2023,to confirm and
consent to Consor PMCM,Inc.becoming the party to the contract,with no change to the original payment limit
of $350,000 and the term September 21,2021 through September 30,2024,for on-call construction
management consulting services, Countywide. (Project No. Various) (All Districts)
FISCAL IMPACT:
There is no fiscal impact as there is no increase to the overall contract payment limit.Work performed under
this contract will be funded by local, state, and federal funds for road and flood control projects.
BACKGROUND:
The Public Works Department is involved in various projects in the County that require construction
management services for road,flood control and airport projects.After a solicitation process,CPM Associates,
Inc.(CPM)was selected as one of seven firms to provide construction management services on an “on-call”
basis.CPM has augmented Public Works staff and provided construction management services when in-house
expertise is not available on an as-needed basis.Consultants under on-call consulting services agreements have
been used as an extension of Public Works staff during busy times when extra help is needed or when in-house
expertise is not available.
CPM and the County,for its Public Works Department,have entered into an active consulting services
agreement,dated September 21,2021,to provide the services described above.The term of this agreement
expires September 30, 2024.
On or about September 29,2022,in a filing with the California Secretary of State,CPM reported that its Board
of Directors had approved an amendment to its Articles of Incorporation and that the name of the corporation
was being changed from CPM Associates, Inc. to Consor PMCM, Inc. effective October 3, 2022.
This amendment changes the party to the contract,dated September 21,2021,from CPM Associates,Inc.to
Consor PMCM, Inc., which is necessary for the continuation of on-call construction management services.
Government Code Section 31000 and 4245 authorizes the County to contract for services, including the type of
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File #:23-365 Agenda Date:9/12/2023 Agenda #:
C.77.
construction management services that Consor PMCM, Inc. provides.
CONSEQUENCE OF NEGATIVE ACTION:
Without approval from the Board of Supervisors this contract will no longer be in effect causing a possible
delay in completing various Public Works projects requiring construction management services.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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Contra Costa County Project Name: 2021 On-Call CM
Standard Form (Amendment to CSA)
Revised 2011 Project No.: Various
AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT
(To be used only for Architectural, Engineering or Land Surveying Services.)
1.Identification of Agreement to be Amended.
(a)Effective Date of Agreement: September 21, 2021
(b)Agency: Contra Costa County Public Works Department
(c)Subject: On-Call Construction Management Services
2.Parties. Agency, and the following named Consultant, mutually agree an d promise as follows:
(a)Consultant's Name & Address:Consor PMCM, Inc.
1663 Mission Street, Suite 425
San Francisco, CA 94103
Attn: Ismael G. Pugeda
(b)Type of Business Entity: Corporation
(e.g., individual, corporation, sole proprietorship, partnership, limited liability company)
If corporation, identify state of incorporation: California
3.Project Name, Number, & Location.On-Call Construction Management Services, Countywide
4.Amendment Date. The effective date of this Amendment to Consulting Services Agreement is September 12, 2023.
5.Amendment Specifications. The Agreement identified above is hereby amended as set forth in the Amendment Specificati ons
attached hereto and incorporated by reference.
6.Signatures. The signatures set forth below attest the parties’ agreement hereto:
Amendment No. 1
(Page 1 of 4)
615
Contra Costa County Project Name: 2021 On-Call CM
Standard Form (Amendment to CSA)
Revised 2010 Project No.: Various
CONSULTANT
SIGNATURE A
Consultant’s Name:
Consor PMCM, Inc., a California Coporation
By _________________________________________
(Signature of individual or officer)
__________________________________________
(Print name and title, if applicable)
SIGNATURE B
By __________________________________________
(Signature of individual or officer)
__________________________________________
(Print name and title, if applicable)
Note to Consultant: If Consultant is a corporation, the Amendment to Consulting Services Agreement must be signed by two officers. The
first signature (Signature A) must be that of the chairman of the board, president, or vice-president; the second signature (Signature B) must
be that of the secretary, assistant secretary, chief financial officer, or assistant treasurer. (Civil Code Section 1190 and Corporations Code
Section 313.) The acknowledgment below must be signed by a Notary Public.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF )
On (Date),
before me, (Name and Title of Officer),
personally appeared, ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS MY HAND AND OFFICIAL SEAL
___________________________________
Signature of Notary Public
Amendment No. 1
(Page 2 of 4)
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.
616
Contra Costa County Project Name: 2021 On-Call CM
Standard Form (Amendment to CSA)
Revised 2010 Project No.: Various
AGENCY
(a)If Amendment is approved by Agency’s governing body (required if total Payment Limit of original Agreement
and Amendment exceeds $100,000, or if original Agreement was approved by Agency’s governing body):
AGENCY,
By ___________________________________
Board Chair/Designee
ATTEST: Clerk of the Board of Supervisors
By ________________________________
Deputy
(b)If Amendment is approved by County Purchasing Agent:
AGENCY,
By __________________________________
County Purchasing Agent or Designee
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED BY COUNTY COUNSEL
By ___________________________ By _________________________________
Designee Deputy County Counsel
APPROVED: COUNTY ADMINISTRATOR
By _______________________________
Designee
Amendment No. 1
(Page 3 of 4)
617
Contra Costa County Project Name: 2021 On-Call CM
Standard Form (Amendment to CSA)
Revised 2010 Project No.: Various
AMENDMENT SPECIFICATIONS
THIS AMENDMENT is made effective September 12, 2023, between:
Contra Costa County (“County”) and Consor PMCM, Inc.
RECITALS
A.County (on behalf of its Public Works Department) and CPM Associates, Inc. entered into an On-Call
Construction Management Consulting Services Agreement effective September 21, 2021 (the "Contract").
B.On or about September 29, 2022, in a filing with the California Secretary of State, CPM Associates, Inc.
reported that its Board of Directors had approved an amendment to its Articles of Incorporation and that the
name of the corporation was being changed from CPM Associates, Inc. to Consor PMCM, Inc. effective
October 3, 2022.
C.County and Consor PMCM, Inc. wish to confirm and consent to Consor PMCM, Inc. becoming a/the
party to the Contract.
NOW, THEREFORE, County and Consor PMCM, Inc. agree to and amend the Agreement as follows:
1.The Name and address set forth in Section 1(b) (Consultant's Name & Address) of the Basic Terms of
the Ageement is herby deleted in its entirety and replaced with the following:
"Consor PMCM, Inc.
1663 Mission Street, Suite 425
San Francisco, CA 94103
Attn: Ismael G. Pugeda"
2.Consor PMCM, Inc. hereby accepts all interest, benefit, and obligation in the Contract and the County
consents to Consor PMCM, Inc. accepting all interest, benefit, and obligation in the Agreement.
3.Any terms, conditions or provisions of the Agreement entered into on September 21, 2021 not
specifically addressed or modified by this Amendment shall remain in full force and effect.
Amendment No. 1
(Page 4 of 4)
618
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-332 Agenda Date:9/12/2023 Agenda #:
C.78.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Environmentally Preferable Purchasing Policy
RECOMMENDATIONS:
APPROVE the Environmentally Preferable Purchasing Policy as recommended by the Sustainability
Committee, Countywide
FISCAL IMPACT:
There is no fiscal impact at this time. Many of the initiatives in the new Environmentally Preferable Purchasing
Policy are being implemented now. Staff will have fiscal impacts of emerging areas such as low carbon
concrete and Senate Bill 1383 organic waste purchase and reuse as these initiatives move forward.
BACKGROUND:
The current Environmentally Preferable Purchasing Policy was approved by this Board on April 15,2008.The
Sustainability Committee requested the policy be reviewed and updated,as appropriate.Public Works
Department Purchasing staff took the following steps to update the policy:
·Reviewed other agencies policies including, Alameda County, and the cities of Berkeley, San Jose, and
Seattle.
·Reviewed STOPWASTE’S Sustainable Procurement Policy Template and Model Policy template.
·Met with staff from Responsible Purchasing Network (RPN) and learned about resources such as RPN’s
Sustainable Procurement Playbook and looked for opportunities to incorporate best practices into the
County EPP.
·Attended a Hazardous Materials Committee meeting in April 2022 and a Hazardous Materials
Commission meeting in May 2022 to receive input on proposed policy wording regarding PFAS and the
use of treated wood. The commission discussed these items at their June 2022 and sent proposed
language to Purchasing staff.
·Received input from the Department of Information Technology and the following divisions within the
Public Works Department: Design/Construction, Fleet Services, Capital Projects, Maintenance,
Facilities, and Custodial.
·Met with the County’s Sustainability Coordinator to receive input and revisions.
·Reviewed the draft Climate Action Plan (CAP) to ensure consistency between the CAOP and EPP.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
powered by Legistar™619
File #:23-332 Agenda Date:9/12/2023 Agenda #:
C.78.
The new policy was considered at the November 28, 2022, Sustainability Committee Meeting and the policy
was recommended to move to this Board for approval with requested revisions. Once the new policy is
approved, the Purchasing staff will communication the new policy to County staff and provide training, as
needed.
CONSEQUENCE OF NEGATIVE ACTION:
Without approval of the new policy,County staff will continue to follow the 2008 Environmentally Preferable
Policy.The new policy includes current purchasing requirements to minimize environmental impacts,reduce
greenhouse gas emissions, and advance the goals of the County’s Climate Action Plan.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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ENVIRONMENTALLY PREFERABLE PURCHASING POLICY
September 12, 2023
1.0 STATEMENT OF POLICY
It is the policy of Contra Costa County to:
• institute practices that reduce waste by increasing product efficiency and
effectiveness,
• purchase environmentally preferable products and services that minimize
environmental impacts, toxics, pollution, and hazards to worker and community
safety to the greatest extent practicable, and
• purchase products that reduce greenhouse gas emissions in their production,
shipping, use and discard; and
• purchase products that include recycled content, are durable and long-lasting,
conserve energy and water, use agricultural fibers and residues, reduce
greenhouse gas emissions, use unbleached or chlorine free manufacturing
processes, are lead and mercury free, and use sustainably harvested wood.
2.0 PURPOSE
This Policy is adopted in order to:
• conserve natural resources,
• minimize environmental impacts such as pollution and use of water and energy,
• eliminate or reduce toxics that create hazards to workers and our community,
• promote practices that improve public and worker health,
• support strong recycling markets,
• reduce materials that are landfilled,
• reduce greenhouse gas emissions,
• address climate changes and global warming
• increase the use and availability of environmentally preferable products that protect
the environment,
• identify environmentally preferable products and distribution systems,
• create a model for successfully purchasing environmentally preferable products
that encourages other purchasers in our community to adopt similar goals,
• advance the goals of the County’s Climate Action Plan.
3.0 STRATEGIES FOR IMPLEMENTATION
3.1 Source Reduction
3.1.1 Contra Costa County shall institute practices that reduce waste, encourage
reuse, and result in the purchase of fewer products whenever practicable and
cost-effective.
3.1.2 Contra Costa County shall purchase remanufactured products such as toner
cartridges, furniture, equipment, and automotive parts whenever practicable.
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3.1.3 All Contra Costa County Purchasers shall consider short-term and long-term
costs in comparing product alternatives. This includes evaluation of total
lifecycle costs expected during the time a product is owned, including, but not
limited to, acquisition, extended warranties, operation, supplies, maintenance,
disposal costs and expected lifetime compared to other alternatives.
3.1.4 Purchase products that are durable, long lasting, reusable, or refillable are
preferred.
3.1.5 Contra Costa County shall ensure that specifications are developed to provide
for the expanded use of environmentally preferable products.
3.1.6 Contra Costa County Request for Proposals will contain language requesting
that vendors eliminate packaging or use the minimum amount necessary for
product protection. Packaging that is reusable, recyclable, or compostable is
preferred, when suitable programs exist. Vendors shall be encouraged to take
back and reuse pallets and other shipping and packaging materials.
3.1.7 Contra Costa County shall consider provisions in contracts with suppliers that
require suppliers to take back products for reuse or environmentally safe
recycling when Contra Costa County discards or replaces such equipment.
3.1.8 All documents shall be printed and copied on both sides to reduce the use
and purchase of paper. County copiers will be installed with this feature
enabled on those copiers where the feature is available.
3.1.9 Promote electronic distribution of documents rather than printing or copying.
3.2 Recycled Content Products
3.2.1 Copiers and printers purchased shall be compatible with the use of recycled
content and remanufactured products. No equipment of this type will be
purchased by the County with features that preclude the use of recycled or
remanufactured supplies.
3.2.2 In accordance with California Public Contract Code, Sec. 10409, Contra Costa
County shall purchase re-refined lubricating and industrial oil for use in its
vehicles and other equipment, if it is readily available and certified by the
American Petroleum Institute (API) as appropriate for use in such equipment.
3.2.3 County staff will research the use of low carbon concrete for building
construction projects, roads/bridges, and flood control structures.
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3.2.4 In accordance with the Recovered Organic Waste Product and Recycled Paper
Procurement Policy (Policy), County Departments are required to purchase
paper products that consist of 30% post-consumer fiber, if fitness and quality
are equal to that of non-recycled items and available at no greater cost than
nonrecycled products. Other paper products shall consist of at least 30
percent, by fiber weight, of postconsumer recycled content fiber, except as
specified below in accordance with Public Contract Code 12209:
(A) Toilet paper shall consist of at least 45 percent, by fiber weight,
postconsumer recycled content fiber.
(B) Paper towels shall consist of at least 40 percent, by fiber weight,
postconsumer recycled content fiber.
(C) Facial tissue shall consist of at least 10 percent, by fiber weight,
postconsumer recycled content fiber.
(D) Toilet seat covers shall consist of at least 20 percent, by fiber weight,
postconsumer recycled content fiber.
(E) General purpose paper wipers shall consist of at least 40 percent, by fiber
weight, postconsumer recycled content fiber.
(F) Food serviceware, including, but not limited to, napkins, plates, bowls,
food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent,
by fiber weight, postconsumer recycled content fiber.
The Policy also requires the procurement of mulch, compost, renewable gas,
or electricity procured from biomass conversion in compliance with Senate Bill
1383.
3.2 Energy and Water Savings
3.2.1 Energy-efficient equipment shall be purchased with the most up to date
energy efficiency functions. This includes, but is not limited to, high efficiency
space heating and cooling systems.
3.2.2 Contra Costa County shall replace inefficient interior lighting with energy
efficient equipment (LEDs), and replace halogen, incandescent, T-12, high
pressure sodium and metal halide lighting with LEDs.
3.2.3 Contra Costa County shall replace inefficient exterior lighting, street lighting
and traffic signal lights with energy-efficient equipment. Exterior lighting shall
be minimized where possible to avoid unnecessary lighting of architectural
and landscape features while providing adequate illumination for safety and
accessibility.
3.2.4 When considering electronic products Contra Costa County will include in its
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specifications that for products where U. S. EPA Energy Star certification is
available, the products must meet the latest Energy Star certification
standards. The County shall specify that desktop computers, notebooks and
monitors purchased meet, at a minimum, all Electronic Product Environmental
Assessment Tool (EPEAT) environmental criteria designated as “required” as
contained in the IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products. Computers should be set to “sleep setting” after
10 minutes of inactivity and go into a sleep mode after 15 minutes of
inactivity.
3.2.5 Contra Costa County shall purchase and install all electric space and water
heating for new County facilities. Exceptions will be approved by the County
Administrator.
3.2.6 Contra Costa County shall purchase water-saving products. This includes, but
is not limited to, high-performance fixtures like toilets, low-flow faucets, and
aerators, and upgraded irrigation systems.
3.3 Green Buildings
3.3.1 All building and renovations undertaken by Contra Costa County shall follow
Green Building Practices for design, construction, and operation, as well as
meet the highest level of LEED for Building Design and Construction (BD+C),
or equivalency, where technically and economically feasible.
3.4 Landscaping
3.4.1 All landscape renovations, construction and maintenance performed by
Contra Costa County, including workers and contractors providing landscaping
services for Contra Costa County, shall employ water conservations methods
and sustainable landscape management techniques for design, construction
and maintenance whenever possible, including, but not limited to, integrated
pest management, grasscycling, drip irrigation, and procure compost and
mulch that is in compliance with Senate Bill 1383 and may give
preference to those produced from regionally generated plant debris and/or
food waste programs.
3.4.2 Plants should be selected to minimize waste by choosing species for purchase
that are appropriate to the microclimate, species that can grow to their natural
size in the space allotted them, and perennials rather than annuals for color.
Native and drought-tolerant landscaping that require no or minimal watering
once established are preferred.
3.4.3 Hardscapes and landscape structures constructed of recycled content
materials are encouraged. Contra Costa County shall limit the amount of
impervious surfaces in the landscape, wherever practicable. Permeable
substitutes, such as permeable asphalt or pavers, are encouraged for
walkways, patios, and driveways.
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3.4.4 In compliance with Senate Bill 1346, Contra Costa County staff shall transition
to battery/electric powered landscaping equipment.
3.5 Toxics and Pollutants
3.5.1 Contra Costa County shall purchase, use, and require custodial contractors to
use certified non-toxic laundry, industrial and institutional cleaning products
in non-aerosol containers that meet Green Seal certification standards for
environmental preferability and performance to the extent that products are
available.
3.5.2 Contra Costa County shall move towards purchasing and requiring janitorial
contractors to supply vacuum cleaners that meet the requirements of the
Carpet and Rug Institute "Green Label" Testing Program - Vacuum Cleaner
Criteria. As Contra Costa County replaces vacuums, new purchases will
include vacuums that capture 99.97% of particulates or 0.3 microns in size
and operate with a sound level less than 67dBA.
3.5.3 Custodial Services will use microfiber cleaning cloths that capture fine
particulates using less wetting agents.
3.5.4 The use of chlorofluorocarbon and halon-containing refrigerants, solvents and
other products shall be phased out and new purchases of
heating/ventilating/air conditioning, refrigeration, insulation, and fire
suppression systems shall not contain them.
3.5.5 All surfactants and detergents shall be readily biodegradable and shall not
contain phosphates.
3.5.6 When maintaining buildings and landscapes, Contra Costa County shall
manage pest problems through prevention and physical, mechanical, and
biological controls in accordance with the Contra Costa County Integrated Pest
Management (IPM) program which practices using the least toxic pest control
as a last resort.
3.5.7 When maintaining buildings, Contra Costa County shall use products with the
lowest amount of volatile organic compounds (VOCs), highest recycled
content, and low or no formaldehyde when practicable when purchasing
materials such as paint, carpeting, adhesives, furniture, and casework.
3.5.8 Contra Costa County shall reduce or eliminate its use of products that
contribute to the formation of dioxins and furans. This includes, but is not
limited to:
• Purchasing paper, paper products, and janitorial paper products that are
in compliance with Senate Bill 1383 and are unbleached or that are
processed without chlorine or chlorine derivatives, whenever possible.
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• Prohibiting purchase of products that use polyvinyl chloride (PVC) such
as, but not limited to, office binders, furniture, flooring, and medical
supplies whenever practicable.
3.5.9 Contra Costa County shall purchase products and equipment with no lead or
mercury, whenever possible. For products that contain lead or mercury,
Contra Costa County shall give preference to those products with lower
quantities of these metals and to vendors with established lead and mercury
recovery programs.
3.5.10 In accordance with Ordinance 2019-25 and Administrative Bulletin 543,
Contra Costa County prohibits the sale of Polystyrene Food Service Ware and
requires Food Vendors to use only Environmentally Friendly Food Service
Ware. Lessees of County facilities, County contractors and County
departments are required to use Environmentally Friendly Food Service Ware.
As referenced in 3.2.4, Assembly Bill 661 requires food serviceware,
including, but not limited to, napkins, plates, bowls, food trays, takeout
boxes, placemats, etc. shall consist of at least 40 percent, by fiber weight,
postconsumer recycled content fiber.
3.5.11 Contra Costa County shall purchase products to the extent possible that do
not contain perfluoroalkyl and polyfluoroalkyl substances (PFAS) that have
been intentionally added to the product, or is at or above 100 parts per
million, as measured in total organic fluorine, as determined by a third-party
certification system. Assembly Bill 1817 provides specific requirements for
manufacturing, distributing, or offering for sale food packaging and textiles
that contains regulated PFAS.
3.5.12 All new and/or replacement vehicles shall be Zero-Emission Vehicles, unless
otherwise approved by the County Administrator’s Office in accordance with
Contra Costa County Administrative Bulletin 508.6 County Vehicle and
Equipment Acquisition and Replacement Policy, and Zero-Emission Vehicle
Policy and Goals.
3.6 Forest Conservation
3.6.1 To the greatest extent practicable, Contra Costa County shall not procure
wood products such as lumber and paper that originate from forests
harvested in an environmentally unsustainable manner. Contra Costa County
shall purchase alternatives to treated wood in indoor and outdoor
applications. If no practical alternatives to treated wood are available for an
intended use, Contra Costa County shall purchase the least-toxic treated
wood that meets the specifications of the intended use.
3.6.2 Contra Costa County encourages the purchase or use of previously used or
salvaged wood and wood products.
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3.7 Bio-Based Products
3.7.1 When zero emission vehicles are not available or operationally infeasible,
vehicles powered with alternative fuels made from non-wood, plant-based
contents such as vegetable oils are encouraged. In addition, the carbon
intensity (CI), as certified by the California Air Resources Board (CARB), of
bio-based alternative fuels used shall be the lowest available for the type of
fuel needed.
3.7.2 Paper, paper products and construction products made from non-wood,
plant-based contents such as agricultural crops and residues are encouraged.
3.7.3 Bio-based plastic products that are biodegradable and compostable, such as
bags, film, food and beverage containers, and cutlery, are encouraged.
3.7.4 Compostable plastic products purchased shall meet American Society for
Testing and Materials (ASTM) standards as found in ASTM D6400-04.
Biodegradable plastics used as coatings on paper and other compostable
substrates shall meet ASTM D6868 standards.
3.7.5 Proof of compliance with ASTM standards for compostable, biodegradable,
and degradable plastic products shall be provided by vendors of such
products, upon request. One acceptable proof of compliance for compostable
plastic products will be certification by the Biodegradable Products Institute
(BPI).
3.7.6 Purchase products that minimize greenhouse gas emissions over the entire
product lifecycle. When practical, request life cycle product environmental
impact data through Environmental Product Declarations (EPDs). Use EPD
data among like products to identify and select options with lower life cycle
impacts.
4.0 PRIORITIES
4.1 The health and safety of workers and citizens is of utmost importance and
takes precedence over all other policies. Contra Costa County has made
significant investments in developing a successful recycling system and
recognizes that recycled content products are essential to the continuing
viability of that recycling system and for the foundation of an environmentally
sound production system. Therefore, to the greatest extent practicable,
recycled content shall be included in products that also meet other
specifications, such as chlorine free or biobased.
4.2 Nothing contained in this policy shall be construed as requiring a department,
purchaser, or contractor to procure products that do not perform
adequately for their intended use, exclude adequate competition, or are not
available at a reasonable price in a reasonable period of time.
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4.3 Nothing contained in this policy shall be construed as requiring Contra Costa
County, department, purchaser, or contractor to take any action that conflicts
with local, state, or federal requirements.
5.0 IMPLEMENTATION
5.1 The Director of Public Works, or designee, shall implement this policy in
coordination with the County Administrator and appropriate County
personnel.
5.2 As applicable, successful bidders shall certify in writing that the environmental
attributes claimed in competitive bids are accurate. In compliance with State
law, vendors shall be required to specify the minimum or actual percentage
of recovered and post-consumer material in their products, even when such
percentages are zero.
5.3 Upon request, buyers making the selection from competitive bids shall be able
to provide justification for product choices that do not meet the
environmentally preferable purchasing criteria in this policy.
5.4 Purchasers should include businesses certified by the California Green
Business Network and Contra Costa Green Business Program in requests for
products and services.
5.5 Vendors, contractors, and grantees shall be encouraged to comply with
applicable sections of this policy for products and services provided to the
County.
6.0 PROGRAM EVALUATION
6.1 The Director of Public Works or designee will be responsible for implementing
this policy and shall evaluate the success of this policy’s implementation every
five years.
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DEFINITIONS
“American Society for Testing and Materials” means ASTM International, an open
forum for the development of high quality, market relevant international standards use
around the globe.
“Bio-Based Products” means commercial or industrial products (other than food or
feed) that utilize agricultural crops or residues, but does not include products made
from forestry materials.
“Biodegradable plastic” means the degradation of the plastic must occur as a result of
the action of naturally occurring microorganisms.
“Biodegradable Products Institute” (BPI) is a multi-stakeholder association of key
individuals and groups from government, industry, and academia, which promotes the
use, and recycling of biodegradable polymeric materials (via composting). BPI does
not create standards but certifies products that demonstrate they meet the
requirements in ASTM D6400 or D6868, based on testing in an approved laboratory.
“Buyer” means anyone authorized to purchase or contract for purchases on behalf of
Contra Costa County or its subdivisions.
“California Green Business Network and Contra Costa Green Business Program” is a
partnership of governments and businesses that certifies the environmental
performance of government agencies and businesses.
“The Carpet and Rug Institute” (CRI) is the national trade association representing the
carpet and rug industry. CRI has developed and administered the “Green Label” indoor
air quality testing and labeling program for carpet, adhesives, cushion materials and
vacuum cleaners. The “Green Label Plus” testing program incorporates additional
requirements to meet California’s Collaborative for High Performance Schools low
emitting materials criteria.
“Chlorine free” means products processed without chlorine or chlorine derivatives.
“Compostable plastic” means plastic that is biodegradable during composting to yield
carbon dioxide, water and inorganic compounds and biomass, at a rate consistent with
other known compostable materials and leaves no visually distinguishable or toxic
residues.
“Contractor” means any person, group of persons, business, consultant, designing
architect, association, partnership, corporation, supplier, vendor, or other entity that
has a contract with Contra Costa County or serves in a subcontracting capacity with
an entity having a contract with Contra Costa County for the provision of goods or
services.
“Degradable plastic” means plastic that undergoes significant changes in its chemical
structure under specific environmental conditions.
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“Dioxins and furans” are a group of chemical compounds that are classified as
persistent, bio-accumulative, and toxic by the U.S. Environmental Protection Agency
(EPA).
“Energy Star” means the U.S. EPA’s energy efficiency product labeling program.
“Energy Efficient Product” means a product that is in the upper 20% of energy
efficiency for all similar products, or that is at least 10% more efficient than the
minimum level that meets State of California efficiency standards and State Title 24.
“Environmentally Preferable Products and Services” means products and services that
have a lesser or reduced effect on human health and the environment when compared
with competing products or services that serve the same purpose.
“Electronic Product Environmental Assessment Tool” (EPEAT) is a procurement tool to
help institutional purchasers in the public and private sectors evaluate, compare, and
select desktop computers, notebooks and monitors based on their environmental
attributes. Under EPEAT manufacturers declare their products’ conformance to a
comprehensive set of environmental criteria in 8 environmental performance
categories. The operation of EPEAT and the environmental criteria are contained in the
public standard IEEE 1680.
“Green Building Practices” means a whole-systems approach to the design,
construction, and operation of buildings and structures that help mitigate the
environmental, economic, and social impacts of construction, demolition, and
renovation. Green Building Practices such as those described in the LEED™ Rating
System, recognize the relationship between natural and built environments and seeks
to minimize the use of energy, water, and other natural resources and provide a
healthy productive environment.
“Green Seal” is an independent, non-profit environmental labeling organization. Green
Seal standards for products and services meet the U.S. EPA’s criteria for third-party
certifiers. The Green Seal is a registered certification mark that may appear only on
certified products.
“Integrated Pest Management (IPM)” is an ecosystem-based strategy that focuses on
long-term prevention of pests or their damage through a combination of techniques
such as biological control, habitat manipulation, modification of cultural practices, and
use of resistant varieties. Pesticides are used only after monitoring indicates they are
needed according to established guidelines, and treatments are made with the goal of
removing only the target organism. Pest control materials are selected and applied in
a manner that minimizes risks to human health, beneficial and nontarget organisms,
and the environment.
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“LEED™ Rating System” means the most recent version of the Leadership in Energy
and Environmental Design (LEED TM) Commercial Green Building Rating System, or
other related LEED TM Rating System, approved by the U.S. Green Building Council
and designed for rating new and existing commercial, institutional, and high-rise
residential buildings.
“Per- and Polyfluorinated Substances” (PFAS) means a group of chemicals used to
make fluoropolymer coatings and products that resist heat, oil, stains, grease, and
water. Fluoropolymer coatings can be in a variety of products.
“Post-consumer Material” means a finished material which would normally be disposed
of as a solid waste, having reached its intended end-use and completed its life cycle
as a consumer item, and does not include manufacturing or converting wastes.
“Practical” and “Practicable” mean whenever possible and compatible with local, state,
and federal law, without reducing safety, quality, or effectiveness and where the
product or service is available at a reasonable cost in a reasonable period of time.
“Pre-consumer Material” means material or by-products generated after manufacture
of a product is completed but before the product reaches the end- use consumer. Pre-
consumer material does not include mill and manufacturing trim, or scrap, which is
generated at a manufacturing site and commonly reused on-site in the same or another
manufacturing process.
“Recovered Material” means fragments of products or finished products of a
manufacturing process, which has converted a resource into a commodity of real
economic value, and includes pre-consumer and post-consumer material, but does not
include excess resources of the manufacturing process.
“Recycled Content” means the percentage of Recovered Material, including pre-
consumer and post-consumer materials, in a product.
“Recycled Content Standard” means the minimum level of recovered material and/or
post-consumer material necessary for products to qualify as “recycled products.”
“Recycled Product” means a product that meets Contra Costa County’s recycled
content policy objectives for post-consumer and recovered material.
“Remanufactured Product” means any product diverted from the supply of discarded
materials by refurbishing and marketing said product without substantial change to its
original form.
“Reused Product” means any product designed to be used many times for the same
or other purposes without additional processing except for specific requirements such
as cleaning, painting, or minor repairs.
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“U.S. EPA Guidelines” means the Comprehensive Procurement Guidelines established
by the U.S. Environmental Protection Agency for federal agency purchases as of May
2002, and any subsequent versions adopted.
“Water-Saving Products” are those that are in the upper 25% of water conservation
for all similar products, or at least 10% more water conserving than the minimum level
that meets the Federal standards.
“Zero-Emission Vehicles” include full battery-electric, hydrogen fuel cell, and plug-in
hybrid-electric vehicles.
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-333 Agenda Date:9/12/2023 Agenda #:
C.79.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1320 Arnold Drive, Ste 162 & 167, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with RPE Muir, LLC
for approximately 1,381 square feet of office space located at 1320 Arnold Drive, Suites 162 and 167, in
Martinez, for a five-year term with two two-year renewal options, with an initial annual rent of $30,658, and
annual increases, thereafter, as requested by the Health Services Department.
AUTHORIZE the Public Works Director, or designee, to exercise any options to extend the lease term.
FISCAL IMPACT:
(100% Enterprise 1 Funds - Org 6554).
BACKGROUND:
Health Services Department - Payroll Division has occupied this space since 2021. This division works to
support the staff of Contra Costa Health and the processing of timesheets for staff.
Due to COVID-19, the initial lease for this space was short-term. It has been determined by the Health
Services Department that this is a good location for this group, so a longer-term lease for this space is now
appropriate.
CONSEQUENCE OF NEGATIVE ACTION:
The County would need to find a different location for this group,negotiate terms for a new space,possibly
incur tenant improvements, relocation, and moving costs.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
powered by Legistar™633
File #:23-333 Agenda Date:9/12/2023 Agenda #:
C.79.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
powered by Legistar™634
1
LEASE
Health Services Department
Payroll Division
1320 Arnold Drive, Suites 162/167
Martinez, California
This lease is dated September 1, 2023 (the “Effective Date”), and is between RPE
MUIR, LLC, a California limited liability company (“Lessor”) and the County of Contra Costa,
a political subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1320 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated April 5, 2021 (the “Original Lease”),
under which the County is leasing approximately 1,381 square feet of office space known
as Suites 162 and 167 in the Building (the “Premises”), along with the non-exclusive use
of five parking stalls.
C. The Original Lease expired on May 31, 2023. On May 31, 2023, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. On the Effective Date,
the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on September 1, 2023
(the “Commencement Date”), and ending August 31, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
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i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the 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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
September 1, 2023 - August 31, 2024 $2,623.90
September 1, 2024 - August 31, 2025 $2,702.62
September 1, 2025 - August 31, 2026 $2,783.70
September 1, 2026 - August 31, 2027 $2,867.21
September 1, 2027 - August 31, 2028 $2,953.22
First Option Monthly Rent
September 1, 2028 - August 31, 2029 $3,041.82
September 1, 2029 - August 31, 2030 $3,133.07
Second Option Monthly Rent
September 1, 2030 - August 31, 2031 $3,227.07
September 1, 2031 - August 31, 2032 $3,323.88
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Carpet. Deep clean carpet throughout the suite.
b. Paint. Touch up paint throughout the suite, as needed.
c. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
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d. Blinds. Replace blinds with new, white building standard, if this has not been
done.
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial. Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set forth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises in good order, condition, and repair, and shall maintain the structural
integrity of the Building, including the exterior doors and their fixtures, clo sers and
hinges, exterior windows, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by Co unty.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If 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 County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor shall obtain
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County’s prior written approval of the scope, terms, and cost of any contracts.
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 is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must compl y with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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. The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. 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 Premise s, along
with appurtenances and fixtures at the Premises (except County Fixtures), all in good
condition, ordinary wear and tear, damage by casualty, condemnation, act s 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.
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13. 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.
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affect ing the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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 au thorities, 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
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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 cleanup 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.
18. 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 or employees 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, or employees.
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, injur y 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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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,
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however, that 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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
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251 Lafayette Circle #120
Lafayette, CA 94549
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
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27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP440
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162 & 167 - 2023 Lease - V2.docx
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Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1320 Arnold Drive, Suites 162 & 167, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approv ed signs or lettering on doors and
walls shall be printed, painted, affixed or inscribed at the expense of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go upon the roof of
the Building.
4. The directory of the Building will be provided exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written consent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
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Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for any additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys of all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretion shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as m ay
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, materials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Le ssor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY sh all notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. Coun ty shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a cert ificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non -contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
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Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective operation of the Building’s heating and air -
conditioning and to comply with any governmental energy -saving rules, laws or regulations
of which County has actual notice, and shall refrain from adjusting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement o r other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employ ees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, to wel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to t he general public in or on the Premises.
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Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwor k or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, t elecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncomplianc e with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Tenant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation o f
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory -
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material -handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
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Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, f ire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked a nd other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upon appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building par king
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees comin g to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provid e County a minimum of a twenty-four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and condi tions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
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Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1320 Arnold Drive, Suites 162 & 167, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot -
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
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Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container liners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of debris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12 -
foot distance from the perimeter of the building.
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-366 Agenda Date:9/12/2023 Agenda #:
C.80.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1320 Arnold Drive, Suite 163, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with RPE Muir, LLC
for approximately 2,515 square feet of office space located at 1320 Arnold Drive, Suite 163, in Martinez, for a
five-year term with two two-year renewal options, with an initial annual rent of $57,342, and annual increases,
thereafter, as requested by the Health Services Department.
FISCAL IMPACT:
100 % Enterprise 1 Funds - Org 6554.
BACKGROUND:
Health Services Department - Payroll Division has occupied this space since 2012. This division works to
support and process timesheets for staff. There is a continued need for this space for staff to conduct business.
Without this space the processing of time sheets and support of staff would halt.
CONSEQUENCE OF NEGATIVE ACTION:
The Payroll Division’s work would be disrupted,and the County would need to find a different location for this
group, negotiate terms for a new space, and possibly incur in tenant improvements and moving costs.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
powered by Legistar™651
1
LEASE
Health Services Department
Payroll Division
1320 Arnold Drive, Suite 163
Martinez, California
This lease is dated September 1, 2023 (the “Effective Date”), and is between RPE
MUIR, LLC, a California limited liability company (“Lessor”) and the County of Contra Costa,
a political subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1320 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated July 1, 2018 (the “Original Lease”),
under which the County is leasing approximately 2,515 square feet of office space known
as Suite 163 in the Building (the “Premises”), along with the non-exclusive use of eight
parking stalls.
C. The Original Lease expired on June 30, 2023. On June 30, 2023, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. On the Effective Date,
the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on September 1, 2023
(the “Commencement Date”), and ending August 31, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
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i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the 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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
September 1, 2023 - August 31, 2024 $4,778.50
September 1, 2024 - August 31, 2025 $4,921.86
September 1, 2025 - August 31, 2026 $5,069.51
September 1, 2026 - August 31, 2027 $5,221.60
September 1, 2027 - August 31, 2028 $5,378.24
First Option Monthly Rent
September 1, 2028 - August 31, 2029 $5,539.59
September 1, 2029 - August 31, 2030 $5,705.78
Second Option Monthly Rent
September 1, 2030 - August 31, 2031 $5,876.95
September 1, 2031 - August 31, 2032 $6,053.26
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Carpet. Deep clean carpet throughout the suite.
b. Paint. Touch up paint throughout the suite, as needed.
c. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
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d. Blinds. Replace blinds with new, white building standard, if this has not been
done.
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial. Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set forth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises in good order, condition, and repair, and shall maintain the structural
integrity of the Building, including the exterior doors and their fixtures, clo sers and
hinges, exterior windows, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by Co unty.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If 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 County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor shall obtain
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County’s prior written approval of the scope, terms, and cost of any contracts.
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 is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must comply with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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. The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. Surrender of Premises. On the last day of the Term, or sooner termination of this lease,
the County shall peaceably and quietly leave and surren der 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, act s 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.
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13. 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.
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affecting the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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 au thorities, 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
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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 cleanup 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.
18. 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 or employees 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, or employees.
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, injur y 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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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,
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however, that 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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
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251 Lafayette Circle #120
Lafayette, CA 94549
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
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27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP440
G:\realprop\LEASE MANAGEMENT\MARTINEZ\1320 ARNOLD DR STE 163 - T00625\LEASES\2023 Lease\1320 Arnold Dr, Ste 163 -
2023 Lease - V2.docx
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Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1320 Arnold Drive, Suite 163, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on door s and
walls shall be printed, painted, affixed or inscribed at the expense of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go u pon the roof of
the Building.
4. The directory of the Building will be provided exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written consent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
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Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for any additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys of all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretio n shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, mat erials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non -contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
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Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective operation of the Building’s heating and air -
conditioning and to comply with any governmental energy -saving rules, laws or regulations
of which County has actual notice, and shall refrain from adj usting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other appara tus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall b e borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to the general public in or on t he Premises.
663
Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Ten ant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory -
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material -handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
664
Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, f ire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked a nd other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upon appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building par king
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees comin g to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provid e County a minimum of a twenty-four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and condi tions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
665
Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1320 Arnold Drive, Suite 163, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot -
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
666
Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container liners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of debris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12 -
foot distance from the perimeter of the building.
667
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-334 Agenda Date:9/12/2023 Agenda #:
C.81.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1340 Arnold Drive, Suite 225, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with RPE Muir, LLC
for approximately 3,185 square feet of office space located at 1340 Arnold Drive, Suite 225, in Martinez, for a
five-year term with two two-year renewal options, with an initial annual rent of $72,618, and annual increases,
thereafter, as requested by the Health Services Department.
AUTHORIZE the Public Works Director, or designee, to exercise any options to extend the lease term.
FISCAL IMPACT:
(100% Central Mental Health Administration - Org 5941).
BACKGROUND:
Health Services Department - Behavior Health Access Line supports clients and care providers in crisis. In
2021, this group moved from a County-owned building into this suite to make space in the other building for
the Department of Information and Technology to expand. Continuing to occupy this space allows this group
to provide uninterrupted services to those in need of mental health support.
CONSEQUENCE OF NEGATIVE ACTION:
The Behavioral Health Access Lines’s work would be disrupted,and the County would incur additional costs to
locate an alternate location and relocate this group.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-334 Agenda Date:9/12/2023 Agenda #:
C.81.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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1
LEASE
Health Services Department
Behavioral Health
1340 Arnold Drive, Suite 225
Martinez, California
This lease is dated September 1, 2023 (the “Effective Date”), and is between RPE
MUIR, LLC, a California limited liability company (“Lessor”) and the County of Contra Costa,
a political subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1340 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated April 22, 2021 (the “Original Lease”),
under which the County is leasing approximately 3,185 square feet of office space known
as Suite 225 in the Building (the “Premises”), along with the non-exclusive use of seven
parking stalls.
C. The Original Lease expired on July 31, 2023. On July 31, 2023, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. On the Effective Date,
the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on September 1, 2023
(the “Commencement Date”), and ending August 31, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the County fails to
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2
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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
September 1, 2023 - August 31, 2024 $6,051.50
September 1, 2024 - August 31, 2025 $6,233.05
September 1, 2025 - August 31, 2026 $6,420.04
September 1, 2026 - August 31, 2027 $6,612.64
September 1, 2027 - August 31, 2028 $6,811.02
First Option Monthly Rent
September 1, 2028 - August 31, 2029 $7,015.35
September 1, 2029 - August 31, 2030 $7,225.81
Second Option Monthly Rent
September 1, 2030 - August 31, 2031 $7,442.58
September 1, 2031 - August 31, 2032 $7,665.86
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
b. Blinds. Replace blinds with new, white building standard, if this has not been
done.
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
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3
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial. Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set forth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises 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, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by County.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If 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 County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor shall obtain
County’s prior written approval of the scope, terms, and cost of any contracts.
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.
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4
8. Quiet Enjoyment. Provided the County is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must comply with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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. The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. 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.
13. 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.
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5
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affecting the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
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6
acknowledges and agrees that the County has no obligation to clean up or remediate, or
contribute to the cost of cleanup 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.
18. 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 or employees 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, or employees.
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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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 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.
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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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
251 Lafayette Circle #120
Lafayette, CA 94549
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To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
677
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27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
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678
Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 225, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on doors and
walls shall be printed, painted, affixed or inscribed at the expense of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go upon the roof of
the Building.
4. The directory of the Building will be provided exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written consent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
679
Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for any additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys of all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretion shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, materials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non-contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
680
Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective operation of the Building’s heating and air-
conditioning and to comply with any governmental energy-saving rules, laws or regulations
of which County has actual notice, and shall refrain from adjusting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to the general public in or on the Premises.
681
Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Tenant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory-
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material-handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
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Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, fire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked and other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upon appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building parking
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees coming to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provide County a minimum of a twenty-four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and conditions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
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Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 225, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot-
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
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Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container liners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of debris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12-
foot distance from the perimeter of the building.
685
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-335 Agenda Date:9/12/2023 Agenda #:
C.82.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1340 Arnold Drive, Ste 125, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with RPE Muir, LLC
for approximately 2,094 square feet of office space located at 1340 Arnold Drive, Suite 125, in Martinez, for a
five-year term with two two-year renewal options, with an initial annual rent of $47,743, and annual increases
thereafter, as requested by the Health Services Department, Contra Costa Health Plan - Enhanced Care
Management.
AUTHORIZE the Public Works Director, or designee, to exercise any options to extend the lease term.
FISCAL IMPACT:
(100% Health Services Department - Contra Costa Health Plan - Enhanced Care Management Benefit - Org
#5960).
BACKGROUND:
Divisions of the Health Services Department have occupied this space since 2015. This group, Contra Costa
Health Plan - Enhanced Care Management (CCHP-ECM), will occupy the space under this lease. CCHP
covers ECM services for members with highly complex needs. ECM is a program that provides extra services
to clients to help them get the care they need to stay healthy. Clients with ECM have their own care team
including a Lead Care Manager. These staff will communicate with a client’s doctors, specialists, pharmacists,
case managers, social services providers, and others to make sure everyone works together to get the client the
care they need. Additionally, Lead Care Managers can also help clients find and apply for other services in the
community.
Staff in this office are primarily administrative. Staff who are client-facing meet clients outside the office.
CONSEQUENCE OF NEGATIVE ACTION:
The County would need to find a different location for this group.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
powered by Legistar™686
File #:23-335 Agenda Date:9/12/2023 Agenda #:
C.82.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
powered by Legistar™687
1
LEASE
Health Services Department
CCHP – Enhanced Care Management
1340 Arnold Drive, Suite 125
Martinez, California
This lease is dated July 1, 2023 (the “Effective Date”), and is between RPE MUIR, LLC,
a California limited liability company (“Lessor”) and the County of Contra Costa, a political
subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1340 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated February 12, 2015, as amended (the
“Original Lease”), under which the County is leasing approximately 2,094 square feet of
office space known as Suite 125 in the Building (the “Premises”), along with the non-
exclusive use of seven parking stalls.
C. The Original Lease expired on March 31, 2022. On March 31, 2022, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. With the execution of
this lease, the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on July 1, 2023 (the
“Commencement Date”), and ending June 30, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
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2
i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the 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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
July 1, 2023 - June 30, 2024 $3,978.60
July 1, 2024 - June 30, 2025 $4,097.96
July 1, 2025 - June 30, 2026 $4,220.90
July 1, 2026 - June 30, 2027 $4,347.52
July 1, 2027 - June 30, 2028 $4,477.95
First Renewal Term
July 1, 2028 - June 30, 2029 $4,612.29
July 1, 2029 - June 30, 2030 $4,750.66
Second Renewal Term
July 1, 2030 - June 30, 2031 $4,893.18
July 1, 2031 - June 30, 2032 $5,039.97
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Coffee Bar. Add a Coffee Bar in the approximate location shown in Exhibit A,
using materials similar in quality to kitchenettes and coffee bars installed in other
County-occupied suites in the complex. The Coffee Bar is to include a solid-
surface countertop and upper and lower cabinets.
689
3
b. New Flooring. Replace carpet throughout suite in style and color to be chosen by
County and install new LVT in front of where the new Coffee Bar will be
installed.
c. Paint. Touch up paint, as needed. Add accent wall color on one wall (as
indicated in Exhibit A) in each office in color to be determined by County.
d. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
e. Blinds. Replace blinds with new building standard.
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
prohibited by the building rules and regulations set forth in Exhibit B - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial. Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set forth in Exhibit C –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises 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, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by County.
c. Utility Systems. 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.
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4
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If 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 County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor shall obtain
County’s prior written approval of the scope, terms, and cost of any contracts.
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 is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must comply with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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. The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
691
5
12. 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.
13. 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.
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affecting the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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.
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6
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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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 cleanup 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.
18. 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 or employees 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, or employees.
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, 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, or employees.
693
7
19. Default.
The occurrence of any of the following events is a default under this lease:
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 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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
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8
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
251 Lafayette Circle #120
Lafayette, CA 94549
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
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9
27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:aa
WLP/WLG436
G:\realprop\LEASE MANAGEMENT\MARTINEZ\1340 ARNOLD DR STE 125 - T00744\LEASES\1340 Arnold Dr, Ste 125 - 2023
Lease\1340 Arnold Dr, Ste 125 - 2023 Lease - V3.docx
696
Exhibit A - 1
Exhibit A
697
Exhibit B - 1
Exhibit B
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 125, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on doors and
walls shall be printed, painted, affixed or inscribed at the expense of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go upon the roof of
the Building.
4. The directory of the Building will be provided exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written consent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
698
Exhibit B - 2
door lock in the Premises. Lessor may make a reasonable charge for any additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys of all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretion shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, materials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non-contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
699
Exhibit B - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective operation of the Building’s heating and air-
conditioning and to comply with any governmental energy-saving rules, laws or regulations
of which County has actual notice, and shall refrain from adjusting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to the general public in or on the Premises.
700
Exhibit B - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or televisio n
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Tenant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory-
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material-handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
701
Exhibit B - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, fire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked and other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upon appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building parking
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees coming to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provide County a minimum of a twenty-four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and conditions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
702
Exhibit C - 1
Exhibit C
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 125, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot-
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
703
Exhibit C - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container liners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of debris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12-
foot distance from the perimeter of the building.
704
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-336 Agenda Date:9/12/2023 Agenda #:
C.83.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1340 Arnold Drive, Ste 235, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with RPE Muir, LLC
for approximately 474 square feet of office space located at 1340 Arnold Drive, Suite 235, in Martinez, for a
five-year term with two two-year renewal options, with an initial annual rent of $10,807, and annual increases,
thereafter, as requested by the Health Services Department.
AUTHORIZE the Public Works Director, or designee, to exercise any options to extend the lease term.
FISCAL IMPACT:
100% Mental Health Services Act Funds.
BACKGROUND:
The Health Services Department has utilized this space as a computer training room since 2013.This room is
used to support workers with trainings and to onboard new staff.Without this space,the computer training
room and functions would dissolve creating a disparity to staff and new employees.Staff from Contra Costa
Regional Medical Center (CCRMC)also use this space to train on EPIC -the medical records system used at
CCRMC.
CONSEQUENCE OF NEGATIVE ACTION:
The County would need to find a different solution for training for the Health Services Department.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-336 Agenda Date:9/12/2023 Agenda #:
C.83.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
powered by Legistar™706
1
LEASE
Health Services Department
1340 Arnold Drive, Suite 235
Martinez, California
Training Room
This lease is dated September 1, 2023 (the “Effective Date”), and is between RPE
MUIR, LLC, a California limited liability company (“Lessor”) and the County of Contra Costa,
a political subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1340 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated July 1, 2018 (the “Original Lease”),
under which the County is leasing approximately 474 square feet of office space known
as Suite 235 in the Building (the “Premises”), along with the non-exclusive use of ten
parking stalls.
C. The Original Lease expired on June 30, 2023. On June 30, 2023, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. On the Effective Date,
the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on September 1, 2023
(the “Commencement Date”), and ending August 31, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
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2
i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the 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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
September 1, 2023 - August 31, 2024 $900.60
September 1, 2024 - August 31, 2025 $927.62
September 1, 2025 - August 31, 2026 $955.45
September 1, 2026 - August 31, 2027 $984.11
September 1, 2027 - August 31, 2028 $1,013.63
First Option Monthly Rent
September 1, 2028 - August 31, 2029 $1,044.04
September 1, 2029 - August 31, 2030 $1,075.36
Second Option Monthly Rent
September 1, 2030 - August 31, 2031 $1,107.62
September 1, 2031 - August 31, 2032 $1,140.85
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Carpet. Deep clean carpet throughout the suite.
b. Paint. Touch up paint throughout the suite, as needed.
c. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
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3
d. Blinds. Replace blinds with new, white building standard, if this has not been
done.
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial. Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set forth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises in good order, condition, and repair, and shall maintain the structural
integrity of the Building, including the exterior doors and their fixtures, clo sers and
hinges, exterior windows, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by Co unty.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If 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 County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor shall obtain
709
4
County’s prior written approval of the scope, terms, and cost of any contracts.
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 is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must compl y with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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. The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. 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 Premise s, along
with appurtenances and fixtures at the Premises (except County Fixtures), all in good
condition, ordinary wear and tear, damage by casualty, condemnation, act s 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.
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5
13. 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.
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affect ing the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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 au thorities, 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
711
6
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 cleanup 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.
18. 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 or employees 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, or employees.
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, injur y 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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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,
712
7
however, that 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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
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8
251 Lafayette Circle #120
Lafayette, CA 94549
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
714
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27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP440
G:\realprop\LEASE MANAGEMENT\MARTINEZ\1340 ARNOLD DR STE 235 - T00629\LEASES\2023 Lease\1340 Arnold Dr, Ste 235 -
2023 Lease - V2.docx
715
Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suites 235, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on door s and
walls shall be printed, painted, affixed or inscribed at the expense of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go u pon the roof of
the Building.
4. The directory of the Building will be provided exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written consent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
716
Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for any additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys of all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretio n shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, mat erials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non -contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
717
Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective operation of the Building’s heating and air -
conditioning and to comply with any governmental energy -saving rules, laws or regulations
of which County has actual notice, and shall refrain from adj usting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other appara tus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall b e borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to the general public in or on t he Premises.
718
Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Ten ant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory -
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material -handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
719
Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, f ire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked a nd other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upon appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building par king
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees comin g to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provid e County a minimum of a twenty-four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and condi tions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
720
Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suites 235, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot -
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
721
Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container liners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of debris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12 -
foot distance from the perimeter of the building.
722
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-337 Agenda Date:9/12/2023 Agenda #:
C.84.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1340 Arnold Drive, Suite 126, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with RPE Muir, LLC
for approximately 4,571 square feet of office space located at 1340 Arnold Drive, Suite 126, in Martinez, for a
five-year term with two two-year renewal options, with an initial annual rent of $104,219, and annual increases
thereafter, as requested by the Health Services Department. AUTHORIZE the Public Works Director, or
designee, to exercise any options to extend the lease term.
FISCAL IMPACT:
100% General Fund (Central Health Mental Health Division Administrative Cost Center - Org 5941).
BACKGROUND:
Various Health Services Department groups have occupied this space since 2013. Currently, Behavioral Health
operates programs in this suite and have elected to remain in this location to allow continuation of services
without disruption.
CONSEQUENCE OF NEGATIVE ACTION:
The Behavioral Health group’s work would be disrupted,and the County would incur additional costs to locate
an alternate location and relocate this group.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
powered by Legistar™723
1
LEASE
Health Services Department
Behavioral Health
1340 Arnold Drive, Suite 126
Martinez, California
This lease is dated October 1, 2023, and is between RPE MUIR, LLC, a California
limited liability company (“Lessor”) and the County of Contra Costa, a political subdivision of
the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1340 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated September 15, 2018 (the “Original
Lease”), that expires on September 30, 2023, under which the County is leasing
approximately 4,571 square feet of office space known as Suite 126 in the Building (the
“Premises”), along with the non-exclusive use of 16 parking stalls.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on October 1, 2023 (the
“Commencement Date”), and ending September 30, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the 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.
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2
ii. Upon the commencement of a Renewal Term, all references to the Term of
this lease will be deemed to mean the Term as extended pursuant to this
Section.
3. Rent. The County shall pay rent (“Rent”) to Lessor monthly in advance beginning on the
Commencement Date. Rent is payable on the first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
October 1, 2023 - September 30, 2024 $8,684.90
October 1, 2024 - September 30, 2025 $8,945.45
October 1, 2025 - September 30, 2026 $9,213.81
October 1, 2026 - September 30, 2027 $9,490.22
October 1, 2027 - September 30, 2028 $9,774.93
First Option Monthly Rent
October 1, 2028 - September 30, 2029 $10,068.18
October 1, 2029 - September 30, 2030 $10,370.22
Second Option Monthly Rent
October 1, 2030 - September 30, 2031 $10,681.33
October 1, 2031 - September 30, 2032 $11,001.77
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Carpet. Deep clean carpet throughout the suite.
b. Paint. Touch up paint throughout the suite, as needed.
c. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
d. Blinds. Replace blinds with new, white building standard, if this has not been
done.
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
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3
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial. Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set forth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises 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, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by County.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If 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 County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor . Lessor shall obtain
County’s prior written approval of the scope, terms, and cost of any contracts.
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.
726
4
8. Quiet Enjoyment. Provided the County is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must comply with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the e quipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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. The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. 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, act s 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.
13. 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.
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14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affecting the Premises are done in the ma nner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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 regula tions 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
728
6
acknowledges and agrees that the County has no obligation to clean up or remediate, or
contribute to the cost of cleanup 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.
18. 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 or employees 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, or employees.
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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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 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.
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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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
251 Lafayette Circle #120
Lafayette, CA 94549
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To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
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27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP448
G:\realprop\LEASE MANAGEMENT\MARTINEZ\1340 ARNOLD DR STE 126 - T00607\LEASES\2023 Lease\1340 Arnold Dr, Ste 126-
2023 Lease - V2.docx
732
Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 126, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on doors and
walls shall be printed, painted, affixed or inscribed at the expense of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shade s, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go upon the roof of
the Building.
4. The directory of the Building will be provided exclusively for the display of the name and
location of all tenants in the building including the Cou nty.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written consent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter t he Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of perso nal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
733
Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for any additional keys.
County shall not make or have made additional keys, and County shall not alter any lo ck or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys of all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shal l pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretion shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, materials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be obj ectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (in cluding owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is p rimary to and non-contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
734
Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective operation of the Building’s heating and air -
conditioning and to comply with any governmental energy -saving rules, laws or regulations
of which County has actual notice, and shall refrain from adjusting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable wit hout notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulatio ns as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, p eriodicals,
theater tickets or any other goods or merchandise to the general public in or on the Premises.
735
Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Tenant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for t he storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory-
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material -handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
736
Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, fire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked and other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upon appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building parking
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees coming to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall hav e the right to
relocate said Conference Parking. Lessor shall provide County a minimum of a twenty -four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notific ation of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and conditions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
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Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 126, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop f loors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot -
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
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Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container li ners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of deb ris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12 -
foot distance from the perimeter of the building.
739
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-338 Agenda Date:9/12/2023 Agenda #:
C.85.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1340 Arnold Drive, Suite 120, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a lease with RPE Muir,LLC
for approximately 562 square feet of office space located at 1340 Arnold Drive,Suite 120 in Martinez,for a
five-year term with two two-year renewal options,with an initial annual rent of $12,814,and annual increases
thereafter, as requested by the Health Services Department.
AUTHORIZE the Public Works Director, or designee, to exercise any options to extend the lease term.
FISCAL IMPACT:
100% Enterprise 1 Funds - Org 6554
BACKGROUND:
Various divisions of the Health Services Department have occupied this space since 2013. This space is
currently used for Oral Boards during the hiring process.
CONSEQUENCE OF NEGATIVE ACTION:
The Personnel Division’s work would be disrupted, and the County would incur additional costs to locate an
alternate location and relocate this group.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
powered by Legistar™740
1
LEASE
Health Services Department
Personnel Division
1340 Arnold Drive, Suite 120
Martinez, California
This lease is dated September 1, 2023 (the “Effective Date”), and is between RPE
MUIR, LLC, a California limited liability company (“Lessor”) and the County of Contra Costa,
a political subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1340 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated July 1, 2018 (the “Original Lease”),
under which the County is leasing approximately 562 square feet of office space known
as Suite 120 in the Building (the “Premises”), along with the non-exclusive use of two
parking stalls.
C. The Original Lease expired on June 30, 2023. On June 30, 2023, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. On the Effective Date,
the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on September 1, 2023
(the “Commencement Date”), and ending August 31, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the County fails to
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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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
September 1, 2023 - August 31, 2024 $1,067.80
September 1, 2024 - August 31, 2025 $1,099.83
September 1, 2025 - August 31, 2026 $1,132.83
September 1, 2026 - August 31, 2027 $1,166.81
September 1, 2027 - August 31, 2028 $1,201.82
First Option Monthly Rent
September 1, 2028 - August 31, 2029 $1,237.87
September 1, 2029 - August 31, 2030 $1,275.01
Second Option Monthly Rent
September 1, 2030 - August 31, 2031 $1,313.26
September 1, 2031 - August 31, 2032 $1,352.66
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Carpet. Deep clean carpet throughout the suite.
b. Paint. Touch up paint throughout the suite, as needed.
c. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
742
3
d. Blinds. Replace blinds with new, white building standard, if this has not been
done.
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial . Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set forth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises 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, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by County.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If County determines that the Premises are in need of
maintenance, construction, remodeling or similar work that is beyo nd Lessor’s
responsibilities under this lease, at County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor sha ll obtain
County’s prior written approval of the scope, terms, and cost of any contracts.
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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 cont ractor.
8. Quiet Enjoyment. Provided the County is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must comply with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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. The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. 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, act s 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.
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5
13. 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.
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affect ing the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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 au thorities, 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
745
6
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 cleanup 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.
18. 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 or employees 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, or employees.
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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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,
746
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however, that 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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
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251 Lafayette Circle #120
Lafayette, CA 94549
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
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27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP440
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2023 Lease - V2.docx
749
Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 120, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on doors and
walls shall be printed, painted, affixed or inscribed at the expe nse of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go upon the roof of
the Building.
4. The directory of the Building will be provid ed exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written c onsent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
750
Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for an y additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys o f all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretion shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises tha t exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, materials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by Coun ty to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non -contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
751
Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective o peration of the Building’s heating and air -
conditioning and to comply with any governmental energy -saving rules, laws or regulations
of which County has actual notice, and shall refrain from adjusting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to the general public in or on the Premises.
752
Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall n ot affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Tenant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory -
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material -handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
753
Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, fire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked and other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upo n appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building parking
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees coming to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provide County a minimum of a twenty -four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and conditions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
754
Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 120, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop f loors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot -
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
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Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container li ners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of deb ris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12 -
foot distance from the perimeter of the building.
756
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-339 Agenda Date:9/12/2023 Agenda #:
C.86.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC1350 Arnold Drive, Suite 202 in Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a lease with RPE Muir,LLC
for approximately 2,591 square feet of office space located at 1350 Arnold Drive,Suite 202 in Martinez,for a
five-year term with two two-year renewal options,with an initial annual rent of $59,075,and annual increases
thereafter, as requested by the Health Services Department.
AUTHORIZE the Public Works Director, or designee, to exercise any options to extend the lease term.
FISCAL IMPACT:
100% Realignment Funds - Org 5941
BACKGROUND:
Health Services Department - Behavioral Health expanded into this space in 2013. The suite is currently
occupied by Behavioral Health Financial Counselors. These counselors work with clients to ensure that they
understand their medical bills and can navigate the Contra Costa Health System.
CONSEQUENCE OF NEGATIVE ACTION:
The Behavioral Health Counselors’ work would be disrupted, and the County would incur additional costs to
locate an alternate location and relocate this group.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
powered by Legistar™757
1
LEASE
Health Services Department
Behavioral Health Financial Counselors
1350 Arnold Drive, Suite 202
Martinez, California
This lease is dated September 1, 2023 (the “Effective Date”), and is between RPE
MUIR, LLC, a California limited liability company (“Lessor”) and the County of Contra Costa,
a political subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1350 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated July 1, 2018 (the “Original Lease”),
under which the County is leasing approximately 2,591 square feet of office space known
as Suite 202 in the Building (the “Premises”), along with the non-exclusive use of seven
parking stalls.
C. The Original Lease expired on June 30, 2023. On June 30, 2023, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. On the Effective Date,
the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on September 1, 2023
(the “Commencement Date”), and ending August 31, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the County fails to
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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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
September 1, 2023 - August 31, 2024 $4,922.90
September 1, 2024 - August 31, 2025 $5,070.59
September 1, 2025 - August 31, 2026 $5,222.70
September 1, 2026 - August 31, 2027 $5,379.39
September 1, 2027 - August 31, 2028 $5,540.77
First Option Monthly Rent
September 1, 2028 - August 31, 2029 $5,706.99
September 1, 2029 - August 31, 2030 $5,878.20
Second Option Monthly Rent
September 1, 2030 - August 31, 2031 $6,054.55
September 1, 2031 - August 31, 2032 $6,236.18
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Carpet. Deep clean carpet throughout the suite.
b. Paint. Touch up paint throughout the suite, as needed.
c. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
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d. Blinds. Replace blinds with new, white building standard, if this has not been
done.
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial . Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set forth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises 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, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by County.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If County determines that the Premises are in need of
maintenance, construction, remodeling or similar work that is beyo nd Lessor’s
responsibilities under this lease, at County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor sha ll obtain
County’s prior written approval of the scope, terms, and cost of any contracts.
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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 cont ractor.
8. Quiet Enjoyment. Provided the County is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must comply with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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. The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. 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, act s 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.
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13. 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.
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affect ing the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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 au thorities, 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
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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 cleanup 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.
18. 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 or employees 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, or employees.
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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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,
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however, that 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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
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251 Lafayette Circle #120
Lafayette, CA 94549
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
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27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP444
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2023 Lease - V2.docx
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Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1350 Arnold Drive, Suite 202, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on doors and
walls shall be printed, painted, affixed or inscribed at the expe nse of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go upon the roof of
the Building.
4. The directory of the Building will be provid ed exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written c onsent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
767
Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for an y additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys o f all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretion shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, materials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that ma y be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following in surance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation i nsurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non -contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
768
Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective ope ration of the Building’s heating and air -
conditioning and to comply with any governmental energy -saving rules, laws or regulations
of which County has actual notice, and shall refrain from adjusting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car wa shing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any
purpose other than that for which they we re constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to the general public in or on the Premises.
769
Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio o r television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to di rect
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Tenant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory -
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material -handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
770
Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, fire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked and other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upo n appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building parking
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees coming to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provide County a minimum of a twenty -four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and conditions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
771
Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1350 Arnold Drive, Suite 202, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot -
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
772
Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container liners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of debris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12 -
foot distance from the perimeter of the building.
773
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-340 Agenda Date:9/12/2023 Agenda #:
C.87.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1340 Arnold Drive, Suite 227, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a lease with RPE Muir,LLC
for approximately 1,949 square feet of office space located at 1340 Arnold Drive,Suite 227,in Martinez,for a
five-year term with two two-year renewal options,with an initial annual rent of $44,437,and annual increases
thereafter, as requested by the Health Services Department.
AUTHORIZE the Public Works Director, or designee, to exercise any options to extend the lease term.
FISCAL IMPACT:
100% Enterprise 1 Funds - Org 6554
BACKGROUND:
In 2019/2020 Health Services Department - Personnel group determined they had outgrown their then current
space. Due to COVID, the expansion was put on hold until they moved to this suite in 2021 under a short-term
lease. The Health Services Department has decided to remain in this space to avoid disruption in the work of
the Personnel group conducting businesses in support of the department.
CONSEQUENCE OF NEGATIVE ACTION:
The Personnel group’s work would be disrupted, and the County would incur additional costs to locate an
alternate location and relocate this group.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
powered by Legistar™774
1
LEASE
Health Services Department
Health Services
1340 Arnold Drive, Suite 227
Martinez, California
This lease is dated September 1, 2023 (the “Effective Date”), and is between RPE
MUIR, LLC, a California limited liability company (“Lessor”) and the County of Contra Costa,
a political subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1340 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated April 22, 2021 (the “Original Lease”),
under which the County is leasing approximately 1,949 square feet of office space known
as Suite 227 in the Building (the “Premises”), along with the non-exclusive use of seven
parking stalls.
C. The Original Lease expired on July 31, 2023. On July 31, 2023, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. On the Effective Date,
the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on September 1, 2023
(the “Commencement Date”), and ending August 31, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the County fails to
775
2
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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
September 1, 2023 - August 31, 2024 $3,703.10
September 1, 2024 - August 31, 2025 $3,814.19
September 1, 2025 - August 31, 2026 $3,928.62
September 1, 2026 - August 31, 2027 $4,046.48
September 1, 2027 - August 31, 2028 $4,167.87
First Option Monthly Rent
September 1, 2028 - August 31, 2029 $4,292.91
September 1, 2029 - August 31, 2030 $4,421.70
Second Option Monthly Rent
September 1, 2030 - August 31, 2031 $4,554.35
September 1, 2031 - August 31, 2032 $4,690.98
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
b. Blinds. Replace blinds with new, white building standard, if this has not been
done.
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3
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial . Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set fo rth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises 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, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by County.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If 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 County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor shall obtain
County’s prior written approval of the scope, terms, and cost of any contracts.
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.
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4
8. Quiet Enjoyment. Provided the County is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must compl y with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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 . The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. 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, act s 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.
13. 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.
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5
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affecting the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
779
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acknowledges and agrees that the County has no obligation to clean up or remediate, or
contribute to the cost of cleanup 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 m aterial, toxic
substance, or toxic material under any federal, state or local law, regulation, or ordinance.
18. 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 or employees 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, or employees.
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, injur y 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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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 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.
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7
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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
251 Lafayette Circle #120
Lafayette, CA 94549
781
8
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
782
9
27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP446
G:\realprop\LEASE MANAGEMENT\MARTINEZ\1340 ARNOLD DR STE 227 - T00297\LEASES\2023 Lease\1340 Arnold Dr, Ste 227-
2023 Lease - V2.docx
783
Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 227, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on doors and
walls shall be printed, painted, affixed or inscribed at the expense of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go u pon the roof of
the Building.
4. The directory of the Building will be provided exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written consent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
784
Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for any additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys of all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretio n shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, mat erials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non -contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
785
Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective operation of the Building’s heating and air -
conditioning and to comply with any governmental energy -saving rules, laws or regulations
of which County has actual notice, and shall refrain from adj usting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other appara tus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall b e borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to the general public in or on t he Premises.
786
Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Ten ant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory -
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material -handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
787
Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, fire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked and other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upon appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties un less under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building parking
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees coming to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provide County a minimum of a twenty -four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of Coun ty
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the Cou nty or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and conditions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
788
Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 227, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot -
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
789
Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container liners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required .
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of debris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12 -
foot distance from the perimeter of the building.
790
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-349 Agenda Date:9/12/2023 Agenda #:
C.88.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Purchase of Real Property located at 2523 El Portal Drive, San Pablo
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to exercise the exclusive option to
purchase the property located at 2523 El Portal Drive, San Pablo, California, (the Property) in the manner set
forth in the Option Agreement and Escrow Instructions dated December 13, 2022 (Option Agreement).
AUTHORIZE the Public Works Director, or designee, to execute documents related to the purchase of the
Property that (i) are approved as to form by County Counsel, and (ii) implement the terms of this board order.
ACCEPT the Grant Deed from Jupiter investments LLC, for the purchase of the Property, identified as
Assessor’s Parcel Number 416-140-048.
DETERMINE that this activity will not have a significant effect on the environment, and that it has been
determined to be exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines
Article 5, Section 15061 (b)(3); DIRECT the Director of the Department of Conservation and Development
(DCD) to file a Notice of Exemption with the County Clerk; and DIRECT the Public Works Director, or
designee, to arrange for payment of the $50 fee to the County Clerk for filing and a $25 fee to the DCD for
processing of the Notice of Exemption.
APPROVE Payment of $3,345,000.00 for the Property and AUTHORIZE the Auditor-Controller to wire funds
in the amount of $3,345,000.00 payable to Doma Title of California, Inc., 4160 Dublin Blvd., Suite 100,
Dublin, California (Title Company), for deposit into escrow 54606-22-01585A, Attn: Evelyn Bowens. Direct
the Real Property Division to have the above referenced Grant Deed delivered to the Title Company for
recording in the Office of the County Recorder.
FISCAL IMPACT:
The purchase of the property will be funded by Mental Health Services Act (MHSA) funds.
BACKGROUND:
On July 12, 2022, the Board of Supervisors (Board) authorized the Health Services Director to apply for grant
funding from the Behavioral Health Continuum Infrastructure Program (BHCIP) Round 5, available through
the California Department of Health Care Services to purchase the Property. The County’s application to the
Behavioral Health Continuum Infrastructure Program (BHCIP) proposed the acquisition of the Property, and
the renovation of the existing two-story building on the Property for the operation of a mental health urgent
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-349 Agenda Date:9/12/2023 Agenda #:
C.88.
care facility and a therapeutic residential facility.
In support of the County’s application to the State for BHCIP funding for the project, on December 13, 2022,
the Board approved the purchase of an option to purchase the Property. The purchase price of the option was
$100,000 (Option Price). The purchase price of the Property is $3,445,000. Under the terms of the Option
Agreement, the Option Price will be applied to the Purchase Price at the close of escrow.
On August 1, 2023, the Board approved a budget strategy for Health Services that includes using Mental Health
Service Act (MHSA) funds for the purchase of the Property. The modification to the budget strategy was the
result of the County not being awarded BHCIP funds in Round 5.
On August 8, 2023, the Board approved a Notice of Intention fixing September 12, 2023, at
9:30 a.m. or thereafter, in the Board’s Chambers, County Administration Building, Martinez, California, as the
time and place where it would meet to consummate the purchase of the Property from Jupiter Investments LLC.
The notice was duly published in the Contra Costa Times in compliance with Government Code Section 6063.
The exercise of the Option Agreement consummates the purchase of the Property.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not exercise the option to purchase the Property, which could impact the County’s ability to
address significant gaps in crisis care in the County’s behavioral health infrastructure.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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\\pw-data\grpdata\engsvc\ENVIRO\Real Estate\Property Acquisition, 2523 El Portal Drive, San Pablo (WLP382)\CEQA\NOE\CP#23-17 NOE Parcel Acquisition-
2523 El Portal.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: Property Acquisition – 2523 El Portal Drive, Project #: WLP382, CP#: 23-17
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: 2523 El Portal Drive, San Pablo, CA 94806; APN 416-140-048
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 Health Services Department (County) seeks to acquire the
property identified above to implement a primary facility for crisis and longer-term residential treatment
programs at this location. Expansion of these services in West County was identified as a high priority.
This CEQA document covers the property acquisition only. Once the property is acquired, a subsequent
CEQA analysis will be conducted for the actual project.
Exempt Status:
Ministerial Project (Sec. 21080[b][1]; 15268) Categorical Exemption (Sec. 15326)
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 (acquisition of the property 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
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
07/19/2023 Senior Planner
793
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2523 El Portal.docx Revised 2018
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 #:
794
FIGURE 1: Regional Location Map
N↑
795
0.0
WGS_1984_Web_Mercator_Auxiliary_Sphere
Miles0.0 This map is a user generated static output from PWMAPS. Data that appears on this
map may not be accurate or current.
0.020
APN 416-140-048
1,1281:
Legend
AMI_ASSETS: NOT Disposed - OWNERSHIP
County
County owned on Leased land
County-State (State has minority stake)
Lessor (Leased by County, NOT owned)
Operational Agreement (Cities pay all costs, County manages)
State
State-County (County has minority stake)
All Assets in AMI: Building Numbers
Creeks
Above Ground
Under Ground
FCROW - ALL
QUITCLAIM
FCD FEE TITLE
FEE TITLE TRANSFER FROM FCD
FCD EASEMENT
EASEMENTS GRANTED TO OTHERS
EASEMENTS RETURNED TO FCD
OTHER
UNKNOWN
City Legal Limits
County Maintained Roads
Full Parcels
Subdivisions
County Boundary
796
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-350 Agenda Date:9/12/2023 Agenda #:
C.89.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Contracts for On-Call Biological Consulting Services, Countywide. Project No. Various
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute six (6)individual contracts
with the following six (6)contractors:AECOM Technical Services,Inc.,Dudek,Montrose Environmental
Solutions,Inc,Nomad Ecology,LLC,Sapere Environmental,LLC,and Sequoia Ecological Consulting,Inc.,to
provide On-Call Biological Consulting Services for various projects,in an amount not to exceed $350,000
each, for the term of September 15, 2023 through September 14, 2026, Countywide.
FISCAL IMPACT:
Local Road and Flood Control Funds. (100% Various Funds)
BACKGROUND:
The County Public Works Department maintains and improves County-owned infrastructure in unincorporated areas of
the County which include roads,bridges,flood control channels and basins,buildings,parks,and two airports.Public
agency projects must comply with federal,state,and local environmental regulations including but not limited to the
National Environmental Policy Act through federal agencies such as the Federal Highway Administration/California
Department of Transportation (Caltrans),Federal Aviation Administration,Federal Emergency Management Agency,and
U.S.Army Corps of Engineers when there is a nexus;the California Environmental Quality Act as well as regulatory
agency permits,including but not limited to,Department of Fish and Wildlife,Regional Water Quality Control Board,
and East Contra Costa County Habitat Conservation/Natural Community Conservation Plan.
The Environmental Services Division of the County Public Works Department ensures Public Works projects comply
with applicable environmental regulations and as such requires support from qualified specialists to assess potential
project impacts,document the findings and provide measures to avoid,minimize,and mitigate potential impacts as well
as provide monitoring of construction sites when required by regulatory agencies.These on-call biological consulting
contracts will provide specialists including but not limited to arboriculturists,botanists,wetland delineation specialists,
and wildlife biologists.
In accordance with Government Code section 4526,the Environmental Services Division solicited Statements of
Qualifications from biological consulting firms.These firms were determined to be qualified to provide on-call biological
services for a three-year contract to assist the Environmental Services Division to comply with federal,state,and local
environmental regulations.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-350 Agenda Date:9/12/2023 Agenda #:
C.89.
CONSEQUENCE OF NEGATIVE ACTION:
Without the approval of this contract by the Board of Supervisors, the Environmental Services Division will not be able to
obtain biological consulting services to comply with regulatory compliance for various Countywide projects.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-351 Agenda Date:9/12/2023 Agenda #:
C.90.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Recovered Organic Waste Product and Recycled Paper Procurement Policy
RECOMMENDATIONS:
APPROVE updates to Recovered Organic Waste Product and Recycled Paper Procurement Policy to implement
state regulations as recommended by the Public Works Director, Countywide.
FISCAL IMPACT:
There is no fiscal impact with approval of the updated policy.
BACKGROUND:
Senate Bill 1383,Short-lived Climate Pollutants Reduction,as enacted in 2017,(Lara,Chapter 395,Statutes of
2016,establishes targets to reduce the statewide disposal of organics by 50%,by 2020 and 75%by 2025;and
requires that not less than 20%of edible food that is currently disposed be recovered for human consumption
by 2025.The state has adopted comprehensive regulations as a result of the passage of SB 1383,which imposes
a wide range of requirements on local jurisdictions.
A requirement of SB 1383 includes the adoption of a Recovered Organic Waste Product and Recycled Paper
Procurement Policy.The policy is applicable to all County departments and requires environmental
considerations including recycled-content and recovered organic waste products use in purchasing practices.
This Board approved the Recovered Organic Waste Product and Recycled Paper Procurement Policy on
January 11,2022.Assembly Bill 661 (effective in 2023)repealed Section 12209 of the Public Contract Code
(PCC)and replaced it with specific post-consumer recycled-content levels for certain paper products including
janitorial papers and provides a process for updating the post-consumer recycled-content levels for paper
products going forward.
The policy specifies that if fitness and quality are equal to that of non-recycled items,all County departments
and divisions shall purchase paper products that consist of postconsumer fiber.
Updated PCC Section 12209 for janitorial supplies now requires:
Other paper products shall consist of at least 30 percent,by fiber weight,of postconsumer recycled content
fiber, except as specified below:
·Toilet paper shall consist of at least 45 percent postconsumer recycled content.
·Paper towels shall consist of at least 40 percent postconsumer recycled content.
·Facial tissue shall consist of at least 10 percent postconsumer recycled content.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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C.90.
·Toilet seat covers shall consist of at least 20 percent postconsumer recycled content.
·General purpose paper wipers shall consist of at least 40 percent postconsumer recycled content.
·Food serviceware,including,but not limited to,napkins,plates,bowls,food trays,takeout boxes,
placemats, etc. shall consist of at least 40 percent postconsumer recycled content.
The updated Recovered Organic Waste Product and Recycled Paper Procurement Policy for consideration
includes the PCC 12209 updates.
CONSEQUENCE OF NEGATIVE ACTION:
Without approval of the updated Recovered Organic Waste Product and Recycled Paper Procurement Policy,
the County will not be in compliance with Senate Bill 1383.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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Contra Costa County
Recovered Organic Waste Product and Recycled Paper
Procurement Policy
September 12, 2023
801
RECOVERED ORGANIC WASTE
PRODUCT AND RECYCLED PAPER PROCUREMENT
POLICY
TABLE OF CONTENTS
SECTION 1. PURPOSE ................................................................................................. 1
SECTION 2. DEFINITIONS ............................................................................................ 1
SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT ............ 4
3.1 Procurement Target...................................................................................... 4
3.2 Requirements for County Departments ........................................................ 4
3.3 Requirements for Direct Service Providers ................................................... 7
SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT ................................ 11
4.1 Requirements for County Departments ...................................................... 11
4.2 Requirements for Vendors .......................................................................... 12
SECTION 5. RECORDKEEPING RESPONSIBILITIES ............................................... 13
SECTION 6. EFFECTIVE DATE OF POLICY .............................................................. 14
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RECOVERED ORGANIC WASTE PRODUCT
PROCUREMENT POLICY
SECTION 1. PURPOSE
A. It is the policy of Contra Costa County (County), applicable to all departments and
divisions, to incorporate environmental consideration s including recycled-content
and recovered Organic Waste product use into purchasing practices and
procurement. This Recovered Organic Waste Product Procurement Policy (Policy)
will help the County to:
1. Protect and conserve natural resources, water, and energy;
2. Minimize the County’s contribution to climate change, pollution, and solid
waste disposal; and,
3. Comply with State requirements as contained in 14 CCR Division 7, Chapter
12, Article 12 (SB 1383 procurement regulations) to procure Recovered
Organic Waste Products to support Organic Waste disposal reduction
targets and markets for products made from recycled and recovered
Organic Waste materials, and to purchase Recycled-Content Paper
Products and Recycled-Content Printing and Writing Paper.
SECTION 2. DEFINITIONS
A. “Annual Recovered Organic Waste Product Procurement Target” means the
amount of Organic Waste in the form of a Recovered Organic Waste Product that
the County is required to procure annually under 14 CCR Section 18993.1.
Annually, CalRecycle will provide notice to the County of its Annual Recovered
Organic Waste Product Procurement Target by posting such information on
CalRecycle’s website and providing written notice directly to the County.
B. “Compost” means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from the
municipal solid waste stream or are separated at a centralized facility or as
otherwise defined in 14 CCR Section 17896.2(a)(4).
Compost eligible for meeting the Annual Recovered Organic Waste Product
Procurement Target must be produced at a compostable material handling
operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division
7 or produced at a large volume in-vessel digestion facility that composts on-site
as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall
meet the State’s composting operations regulatory requirements.
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C. “Direct Service Provider” means a person, company, agency, district, or other
entity that provides a service or services to the County pursuant to a contract or
other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
D. “Electricity Procured from Biomass Conversion” means electricity generated from
biomass facilities that convert recovered Organic Waste, such as wood and
prunings from the municipal stream, into electricity. Electricity procured from a
biomass conversion facility may only count toward the County’s Annual Recovered
Organic Waste Product Procurement Target if the facility receives feedstock
directly from certain permitted or authorized compostable material handling
operations or facilities, transfer/processing operations or facilities, or landfills, as
described in 14 CCR Section 18993.1(i).
E. “Organic Waste” means solid wastes containing material originated from living
organisms and their metabolic waste products including, but not limited to, food,
yard trimmings, organic textiles and carpets, lumber, wood, Paper Products,
Printing And Writing Paper, manure, biosolids, digestate, and sludges, or as
otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as
defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5),
respectively.
F. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
G. “Printing and Writing Papers” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, poster s, index cards, calendars, brochures,
reports, magazines, and publications; or as otherwise defined in 14 CCR Section
18982(a)(54).
H. “Procurement of Recovered Organic Waste Products” shall mean purchase or
acquisition (e.g., free delivery or free distribution from a hauler or other entity via a
written agreement or contract), and end use by the County or others.
I. “Publicly-Owned Treatment Works” or “POTW” has the same meaning as in
Section 403.3(r) of Title 40 of the Code of Federal Regulations.
J. “Recovered Organic Waste Products” means products made from California,
landfill-diverted recovered Organic Waste processed at a permitted or otherwise
authorized operation or facility, or as otherwise defined in 14 CCR Section
18982(a)(60). Products that can be used to meet the Annual Recovered Organic
Waste Product Procurement Target shall include Compost, SB 1383 Eligible
Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured
from Biomass Conversion as described herein and provided that such products
meet requirements of 14 CCR, Division 7, Chapter 12, Article 12 .
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K. “Recordkeeping Designee” means the Public Works Purchasing Manager and
Deputy Public Works Director responsible for tracking procurement and
maintaining records of Recovered Organic Waste Product procurement efforts
both by the County and others, if applicable, as required by 14 CCR, Division 7,
Chapter 12, Articles 12 and 13.
L. “Recyclability” means that the Paper Products and Printing and Writing Paper
offered or sold to the County are eligible to be labeled with an unqualified
recyclable label as defined in 16 Code of Federal Regulations Section 260.12
(2013).
M. “Recycled-Content Paper Products and Recycled-Content Printing and Writing
Paper” means such products that consist of at least thirty percent (30%), by fiber
weight, postconsumer fiber, consistent with the requirements of Sections 22150 to
22154 and Sections 12200 and 12209 of the Public Contract Code, and as
amended.
N. “Renewable Gas” means gas derived from Organic Waste that has been diverted
from a landfill and processed at an in -vessel digestion facility that is permitted or
otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise
defined in 14 CCR Section 18982(a)(62).
O. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and
39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing
with Section 42652) to Part 3 of Division 30 of the Public Resources Code,
establishing methane emissions reduction targets in a statewide effort to reduce
emissions of short-lived climate pollutants, as amended, supplemented,
superseded, and replaced from time to time.
P. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered
Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of
Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the
duration of the applicable procurement compliance year, as specified by 14 CCR
Section 18993.1(f)(4).
Q. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the
purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste
Reductions regulations developed by CalRecycle and adopted in 2020 that created
Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR
and 27 CCR.
R. “State” means the State of California.
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SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT
3.1 Procurement Target
A. The County may annually procure for use or giveaway a quantity of Recovered
Organic Waste Products that meets or exceeds its Annual Recovered Organic
Waste Product Procurement Target through the implementation of Section 3 of this
Policy. The County’s Annual Recovered Organic Waste Product Procurement
Target can be fulfilled directly by the County or by Direct Service Providers through
written contracts or agreements for Procurement of Recovered Organic Waste
Products at the County’s behest.
B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement
Target, products that may be procured include the following (provided that each
product meets the criteria included in their respective definition in Section 2 of this
Policy):
1. SB 1383 eligible Compost (as defined in Section 2.B).
2. SB 1383 Eligible Mulch (as defined in Section 2.P)
3. Renewable Gas (in the form of transportation fuel, electricity, or heat) (as
defined in Section 2.N).
4. Electricity Procured from Biomass Conversion (as defined in Section 2.D).
3.2 Requirements for County Departments
A. Compost procurement. Divisions and departments responsible for landscaping
maintenance, renovation, or construction shall:
1. Use Compost produced from recovered Organic Waste, as defined in
Section 2.B of this Policy, for landscaping, maintenance, renovation, or
construction, as practicable, whenever available, and capable of meeting
quality standards and criteria specified.
2. When County uses Compost and the application is subject to the
County’s Water Efficient Landscaping Ordinance (WELO), comply
with one of the following, whichever is more stringent, (i) the County’s
WELO, if more stringent than the State’s Model Water Efficient
Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C),
(D), and (G) of the State’s Model Water Efficient Landscape
Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended
September 15, 2015.
3. Keep records, including invoices or proof of Recovered Organic Waste
Product procurement (either through purchase or acquisition), and submit
records to the Recordkeeping Designee in a method and on a schedule
determined by the Recordkeeping Designee that is no less than every 60
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days.
Records shall include:
a. General procurement records, including:
(i) General description of how and where the product was used
and applied, if applicable;
(ii) Source of product, including name, physical location, and
contact information for each entity, operation, or facility from
whom the Recovered Organic Waste Products were
procured;
(iii) Type of product;
(iv) Quantity of each product; and,
(v) Invoice or other record demonstrating purchase or
procurement.
4. When Procurement of Recovered Organic Waste Products occurs through
a Direct Service Provider, enter into a written contract or agreement or
execute a purchase order with enforceable provisions that includes: (i)
definitions and specifications for SB 1383 Eligible Mulch, Compost,
Renewable Gas, and/or Electricity Procured from Biomass Conversion ;
and, (ii) an enforcement mechanism (e.g., termination, liquidated damages)
in the event the Direct Service Provider is not compliant with the
requirements.
B. Renewable Gas procurement (used for fuel for transportation, electricity, or heating
applications). For Renewable Gas procurement:
1. May procure Renewable Gas made from recovered Organic Waste for
transportation fuel, electricity, and heating applications to the degree that it
is appropriate and available for the County and to help meet the Annual
Recovered Organic Waste Product Procurement Target, which requires
compliance with criteria specified in 14 CCR Section 18993.1 .
2. Keep records in the same manner indicated in Section 3.2.A.3 for the
amount of Renewable Gas procured and used by the County, including the
general procurement record information specified in Section 3.2.A.3 .a, and
submit records on a schedule determined by the Recordkeeping Designee.
The County shall additionally obtain the documentation and submit records
specified in Section 3.2.B.3 below, if applicable.
3. If the County procures Renewable Gas from a POTW,
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a. Annually verify that the Renewable Gas from the POTW complies
with the requirements specified in 14 CCR Section 18993.1(h),
including, but not limited to the exclusion in 14 CCR Section
17896.6(a)(1) and the items listed in this Section 3.2.B.3.
b. Annually receive a record from the POTW documenting the tons of
Organic Waste received by the POTW from: (i) a compostable
material handling operation or facility as defined in 14 CCR Section
17852(a)(12), other than a chipping and grinding operation or facility
as defined in 14 CCR Section 17852(a)(10), that is permitted or
authorized under 14 CCR Division 7; (ii) transfer/processing facility
or transfer/processing operation as defined in 14 CCR Sections
17402(a)(30) and (31), respectively, that is perm itted or authorized
under 14 CCR Division 7; or (iii) a solid waste landfill as defined in
Public Resources Code Section 40195.1 that is permitte d under 27
CCR Division 2.
c. Annually receive documentation from the POTW of the percentage
of biosolids that the POTW produced and transported to activities
that constitute landfill disposal in order to demonstrate that the
POTW transported less than twenty-five percent (25%) of the
biosolids it produced to activities that constitute landfill disposal. For
the purposes of this Policy, landfill disposal is defined pursuant to 14
CCR Section 18983.1(a) and includes final disposition at a landfill;
use of material as alternative daily cover or alternative intermediate
cover at a landfill, and other dispositions not listed in 14 CCR Section
18983.1(b). Alternative daily cover or alternative intermediate cover
are defined in 27 CCR Sections 20690 and 20700, respectively.
d. Annually receive documentation that the POTW receives vehicle-
transported solid waste that is an anaerobically digestible material
for the purpose of anaerobic co-digestion with POTW treatment plant
wastewater to demonstrate that the POTW meets the requirement of
14 CCR Section 18993.1(h)(2).
e. County shall submit these records to the Recordkeeping Designee
on a schedule to be determined by the Recordkeeping Designee .
C. Electricity Procured from Biomass Conversion. For Electricity Procured from
Biomass Conversion, County may:
1. Procure electricity from a biomass conversion facility that receives
feedstock from a composting facility, transfer/processing facility, a solid
waste landfill, and/or receives feedstock from the generator or employees
on behalf of the generator of the Organic Waste and to the degree that it is
available and practicable for the County and to help meet the Annual
Recovered Organic Waste Product Procurement Target, which requires
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compliance with criteria specified in 14 CCR Section 18993.1 .
2. Maintain records and conduct the following recordkeeping activities:
a. Keep records in the same manner indicated in Section 3.2.A.3 of this
Policy for the amount of Electricity Procured from Biomass
Conversion facilities, including the general procurement record
information specified in Section 3.2.A.3.a.
b. Receive written notification by an authorized representative of the
biomass conversion facility certifying that biomass feedstock was
received from a permitted solid waste facility identified in 14 CCR
Section 18993.1(i).
c. Provide these records to the Recordkeeping Designee.
3.3 Requirements for Direct Service Providers
A. Direct Service Providers of landscaping maintenance, renovation, and
construction shall:
1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from
recovered Organic Waste, as defined in Section 2.B and 2.P of this Policy,
for all landscaping renovations, construction, or maintenance performed for
the County consistent with Contra Costa County Landscape Design,
Construction, and Maintenance Standards and Guidelines , whenever
available, and capable of meeting quality standards and criteria specified .
SB 1383 Eligible Mulch used for land application shall comply with 14 CCR,
Division 7, Chapter 12, Article 12 and must meet or exceed the physical
contamination, maximum metal concentration and pathogen density
standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. If Direct Service Provider is subject to the County’s WELO pursuant to
County Code Title 8, Division 82, Chapter 82-26, comply with one of the
following, whichever is more stringent: (i) the locally-adopted WELO that is
more stringent than the State’s MWELO, or (ii) Sections 492.6 (a)(3)(B), (C),
(D), and (G) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the
CCR, as amended September 15, 2015.
3. Keep and provide records of Procurement of Recovered Organic Waste
Products (either through purchase or acquisition) to Recordkeeping
Designee, on a schedule to be determined by the Recordkeeping Designee ,
but no less than every 60 days. Information to be provided shall include:
a. General description of how and where the product was used and if
applicable, applied;
b. Source of product, including name, physical location, and contact
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information for each entity, operation, or facility from whom the
Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement .
B. Renewable Gas procurement by Direct Service Providers
1. Departments releasing RFPs and RFQs for contractors that procure fuel in
the course of their services to the County shall consider including a price
preference to contractors that propose to use the amount or percentage of
Renewable Gas specified in the RFP or RFQ to be eligible for said price
preference. Such use, if it occurs, shall be documented in a written contract
or agreement.
3. If Renewable Gas made from recovered Organic Waste is used by Direct
Service Providers, Direct Service Providers shall submit information listed
in Section 3.3.B.2.a-e on a schedule to be determined by the County, but
not less than every 60 days.
4. Renewable Gas used by Direct Service Providers under Sections 3.3.A and
3.3.B shall comply with criteria specified in 14 CCR Section 18993.1.
SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT
4.1 Requirements for County Departments
A. Paper Product Category/Subcategories and minimum recycled content
requirements pursuant to Section 12209 of the PCC.
a. Other Paper Products – 30% minimum post-consumer recycled content
(PCRC), except as specified below:
i. Toilet Paper – 45% PCRC
ii. Paper Towels – 40 % PCRC
iii. Facial Tissue – 10% PCRC
iv. Toilet Seat Covers – 20% PCRC
v. General Purpose Paper Wipes – 40% PCRC
vi. Food service ware – 40% PCRC
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b. Printing and Writing Paper – 30% minimum post-consumer recycled content
(PCRC)
B. Option 1: Comparable or more favorable pricing: If fitness and quality of Recycled-
Content Paper Products and Recycled-Content Printing and Writing Paper are
equal to that of non-recycled items, all departments and divisions of the County
shall purchase Recycled-Content Paper Products and Recycled-Content Printing
and Writing Paper that consists of a specified percentage of post-consumer
content – see the list above in 4.1 (A), by fiber weight, postconsumer fiber,
whenever available at the same or a lesser total cost than non-recycled items,
consistent with the requirements of the Public Contracts Code, Sections 22150
through 22154 and Sections 12200 and 12209, as amended.
C. All Paper Products and Printing and Writing Paper shall be eligible to be labeled
with an unqualified recyclable label as defined in Title 16 Code of Federal
Regulations Section 260.12 (2013).
D. Provide records to the Recordkeeping Designee of all Paper Products and Printing
and Writing Paper purchases in a method and on a schedule to be determined by
Recordkeeping Designee, but no less than every 60 days (both recycled-content
and non-recycled content, if any is purchased) made by a division or department
or employee of the County. Records shall include a copy of the invoice or other
documentation of purchase, written certifica tions as required in Section 4.2.A.3-4
for recycled-content purchases, vendor name, purchaser name, quantity
purchased, date purchased, and recycled content (including products that contain
none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content
Printing and Writing Paper are provided, include a description of why Recycled-
Content Paper Products and/or Recycled-Content Printing and Writing Paper were
not provided.
4.2 Requirements for Vendors
A. All vendors that provide Paper Products (including janitorial Paper Products) and
Printing and Writing Paper to County shall:
1. Provide Recycled-Content Paper Products and Recycled-Content Printing
and Writing Paper that consists of at least thirty percent (30%), by fiber
weight, postconsumer fiber, if fitness and quality are equal to that of non-
recycled item.
2. Only provide Paper Products and Printing and Writing Papers that meet
Federal Trade Commission Recyclability standard as defined in Title 16
Code of Federal Regulations Section 260.12 (2013).
3. Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing
Paper offered or sold to the County. This certification requirement may be
waived if the percentage of postconsumer material in the Paper Products,
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Printing and Writing Paper, or both can be verified by a product label,
catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, under penalty of perjury, that the Paper Products and
Printing and Writing Paper offered or sold to the County is eligible to be
labeled with an unqualified recyclable label as defined in Title 16 Code of
Federal Regulations Section 260.12 (2013).
5. Provide records to the Recordkeeping Designee of all Paper Products and
Printing and Writing Paper purchased from the vendor on a schedule to be
determined by the Recordkeeping Designee, but no less than every 60 days
(both recycled-content and non-recycled content, if any is purchased) made
by a division or department or employee of the County. Records shall
include a copy of the invoice or other documentation of purchase, written
certifications as required in Section 4.2.A.3-4 for recycled-content
purchases, purchaser name, quantity purchased, date purchased, and
recycled content (including products that contain none), and if non-
Recycled-Content Paper Products and/or non- Recycled-Content Printing
and Writing Paper are provided, include a description of why Recycled-
Content Paper Products and/or Recycled-Content Printing and Writing
Paper were not provided.
B. All vendors providing printing services to the County via a printing contract or
written agreement, shall use Printing and Writing Paper that consists of at least
thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public
Contract Code Section 12209.
SECTION 5. RECORDKEEPING RESPONSIBILITIES
A. The Public Works Department will be the responsible department for obtaining
records pertaining to Procurement of Recovered Organic Waste Products and
Recycled-Content Paper Products and Recycled-Content Printing and Writing
Paper.
B. The Recordkeeping Designee will do the following to track Procurement of
Recovered Organic Waste Products, Recycled-Content Paper Products, and
Recycled-Content Printing and Writing Paper:
1. Collect and collate copies of invoices or receipts (paper or electronic) or
other proof of purchase that describe the procurement of Printing and
Writing Paper and Paper Products, including the volume and type of all
paper purchases; and, copies of certifications and other required
verifications from all departments and/or divisions procuring Paper Products
and Printing and Writing Paper (whether or not they contain recycled
content) and/or from the vendors providing Printing and Writing Paper and
Paper Products. These records must be kept as part of the County’s
documentation of its compliance with 14 CCR Section 18993.3.
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2. Collect and collate copies of invoices or receipts or documentation
evidencing procurement from all departments and divisions procuring
Recovered Organic Waste Products and invoices or similar records from
vendors/contractors/others procuring Recovered Organic Waste Products
on behalf of the County to develop evidence of the County meeting its
Annual Recovered Organic Waste Product Procurement Target . These
records must be kept as part of the County’s documentation of its
compliance with 14 CCR Section 18993.1.
3. Collect, collate, and maintain documentation submitted by the County,
Direct Service Providers, and/or vendors, including the information reported
to the Recordkeeping Designee in accordance with Sections 3.2.A.3,
3.2.B.2, 3.2.C.2, 3.3.A.3, 3.3.B.2, 3.3.C.3, 4.1.C, and 4.2.A.5.
4. Compile an annual report on the County’s direct procurement, and
vendor/other procurement on behalf of the County, of Recovered Organic
Waste Products, Recycled-Content Paper Products, and Recycled-Content
Printing and Writing Paper, consistent with the recordkeeping requirements
contained in 14 CCR Section 18993.2 for the Annual Recovered Organic
Waste Product Procurement Target and 14 CCR Section 18993.4 for
Recycled-Content Paper Products and Recycled-Content Printing and
Writing Paper procurement. This report shall be made available to the
County’s responsible entity for compiling the annual report to be submitted
to CalRecycle (which will include a description of compliance on many other
SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter
12, Article 13.
SECTION 6. EFFECTIVE DATE OF POLICY
This Policy shall go into effect September 12, 2023.
813
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-352 Agenda Date:9/12/2023 Agenda #:
C.91.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Contracts for On-Call Biological Consulting Services, County wide. Project No. Various
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute six (6)individual contracts
with the following six (6)contractors:AECOM Technical Services,Inc.,Dudek,Montrose Environmental
Solutions,Inc,Nomad Ecology,LLC,Sapere Environmental,LLC,and Sequoia Ecological Consulting,Inc.,to
provide On-Call Biological Consulting Services for various projects,in an amount not to exceed $350,000
each, for the term of September 15, 2023 through September 14, 2026, Countywide.
FISCAL IMPACT:
Local Road and Flood Control Funds. (100% Various Funds)
BACKGROUND:
The County Public Works Department maintains and improves County-owned infrastructure in unincorporated
areas of the County which include roads,bridges,flood control channels and basins,buildings,parks,and two
airports.Public agency projects must comply with federal,state,and local environmental regulations including
but not limited to the National Environmental Policy Act through federal agencies such as the Federal Highway
Administration/California Department of Transportation (Caltrans),Federal Aviation Administration,Federal
Emergency Management Agency,and U.S.Army Corps of Engineers when there is a nexus;the California
Environmental Quality Act as well as regulatory agency permits,including but not limited to,Department of
Fish and Wildlife,Regional Water Quality Control Board,and East Contra Costa County Habitat
Conservation/Natural Community Conservation Plan.
The Environmental Services Division of the County Public Works Department ensures Public Works projects
comply with applicable environmental regulations and as such requires support from qualified specialists to
assess potential project impacts,document the findings and provide measures to avoid,minimize,and mitigate
potential impacts as well as provide monitoring of construction sites when required by regulatory agencies.
These on-call biological consulting contracts will provide specialists including but not limited to
arboriculturists, botanists, wetland delineation specialists, and wildlife biologists.
In accordance with Government Code section 4526,the Environmental Services Division solicited Statements
of Qualifications from biological consulting firms.These firms were determined to be qualified to provide on-
call biological services for a three-year contract to assist the Environmental Services Division to comply with
federal, state, and local environmental regulations.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-352 Agenda Date:9/12/2023 Agenda #:
C.91.
CONSEQUENCE OF NEGATIVE ACTION:
Without the approval of this contract by the Board of Supervisors,the Environmental Services Division will not
be able to obtain biological consulting services to comply with regulatory compliance for various Countywide
projects.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-353 Agenda Date:9/12/2023 Agenda #:
C.92.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:APPROVE the Morgan Territory Road Bridges 5.0 and 5.2 Replacement Project and take related
actions under CEQA
RECOMMENDATIONS:
APPROVE the Morgan Territory Road Bridges 5.0 and 5.2 Replacement Project (Project) and
AUTHORIZE the Public Works Director,or designee,to advertise the Project,Clayton area.[County Project
No. WO4160, DCD-CP# 23-08] (Districts II, III, IV).
DETERMINE the Project is a California Environmental Quality Act (CEQA),Class 2 Categorical
Exemption,pursuant to Article 19,Section 15301(c),15301(d),15301(f),and 15302(c)of the CEQA Statue
and Guidelines, and
DIRECT the Director of Department of Conservation and Development (DCD),or designee,to file a Notice
of Exemption (NOE) with the County Clerk, and
AUTHORIZE the Public Works Director,or designee,to arrange for payment of a $25 fee to DCD for
processing, and a $50 fee to the County Clerk for filing the NOE.
FISCAL IMPACT:
Estimated Project cost: $5,500,000. 100% Local Road Funds.
BACKGROUND:
The purpose of the project is to improve public safety and emergency vehicle access by replacing two existing
bridges on Morgan Territory Road over Marsh Creek located at postmiles 5.0 and 5.2.Both bridges are
constructed of timber decks on rubble abutments with significant scour at the abutments and retaining walls.
Both replacement bridges will be clear span,one lane with shoulders supported by reinforced concrete pile
abutments and wingwalls;concrete barrier rails and metal guard railings at the bridge approaches will be
installed,and adjacent drainage improvements.The profile grade of the roadway and bridges will be raised,and
the lengths of both bridges will increase to meet hydraulic requirements for the 100-year storm event and
restore the natural width of the channel under the bridges.Riprap will be placed in the creek at both bridge
locations and at four (4)outfall locations within the project area to prevent future scour and continued
degradation of the creek.
CONSEQUENCE OF NEGATIVE ACTION:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-353 Agenda Date:9/12/2023 Agenda #:
C.92.
The bridges would continue to deteriorate, posing risks to the safety and structural integrity of the bridges.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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(Revised)_Final_8-23-23.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: Morgan Territory Road Bridges 5.0 & 5.2 Replacement, Project #: WO4160, CP#: 23-08
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: Morgan Territory Road, Clayton area, Contra Costa County, 5 miles south of Marsh
Creek Road, APNs: 080-080-002, 080-080-004, 080-100-005, 080-100-008
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 purpose of the project is to replace two existing bridges on Morgan Territory
Road over Marsh Creek located at postmiles 5.0 and 5.2. Prior to demolishing the existing bridges,
temporary detour roads and water diversion systems will be constructed at both bridge replacement
locations. The detour roads will divert traffic around the closed bridges during construction. Following
construction of each bridge, the detour roads and water diversion system will be removed. Both
replacement bridges will be clear span, one lane with shoulders supported by reinforced concrete pile
abutments and wingwalls; concrete barrier rails and metal guard railings at the bridge approaches will
be installed, and adjacent drainage improvements, including new drainage inlets, cross culverts, and
grading to reestablish roadside drainage ditches. Construction depth will vary among project elements;
the maximum depth will be approximately 25 feet for installation of the abutment piles. The profile grade
of the roadway and bridges will be raised, and the lengths of both bridges will increase to meet hydraulic
requirements for the 100-year storm event and restore the natural width of the channel under the bridges;
riprap will be placed in the creek at both bridge locations and at four (4) outfall locations within the project
area to prevent future scour and continued degradation of the creek. Utility relocations are anticipated at
both bridge locations. Staging will occur on previously disturbed areas near the project. Vegetation
trimming and removal, including removal of approximately six (6) trees (California sycamore, California
bay, coast live oak), and work within the driplines of approximately twenty-two (22) trees (California
sycamore, California bay, coast live oak, valley oak, big leaf maple) located outside of County right-of-
way, some of which will need to be trimmed, are necessary to accommodate construction activities.
Temporarily impacted areas will be restored by hydroseeding with native plants. The project is a covered
activity under the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation
Plan and therefore will comply with applicable requirements to minimize impacts to covered species and
their habitats, such as preconstruction nesting bird surveys. Other applicable regulatory permits for
impacts to the creek will be obtained before construction. Real property transactions, including right-of-
way acquisitions and temporary construction easements, will be necessary in support of the project.
Work will take place during the dry season and is anticipated to be completed in approximately 120
working days, which may take up to two years to complete. Emergency vehicles will have access at all
times.
Exempt Status:
Ministerial Project (Sec. 21080[b][1]; 15268) Categorical Exemption (Sec. 15301[c], 15301[d]
15301(f), 15302[c])
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 project consists of replacement of existing bridges that will have
no expansion of capacity or use, will be located on the same site as the bridges replaced, and will include
the use of safety protection devices during construction such as temporary detour roads and water
diversion systems, pursuant to Article 19, Section 15301(c), 15301(d), 15301(f), and 15302(c) of the
CEQA Statute and Guidelines.
818
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(Revised)_Final_8-23-23.docx
Revised 2018
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
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 #:
08/23/2023 Senior Planner
819
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San Ramon
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Locations
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822
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-354 Agenda Date:9/12/2023 Agenda #:
C.93.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Second Amendment to lease with RPE Muir, LLC for 1350 Arnold Drive, Suites 102 & 103
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a second amendment to a
lease with RPE Muir, LLC for approximately 1,912 square feet of office space located at 1350 Arnold Drive,
Suites 102 and 103, in Martinez, to extend the term for one year, ending September 31, 2024, with an annual
rent of $42,444, as requested by the Health Services Department.
FISCAL IMPACT:
100% Mental Health Services Act (MHSA) Realignment Funds - Org 5906.
BACKGROUND:
Health Services Department (HSD)-Mobile Crisis Team has occupied Suite 102 since 2018 and needed more
space in 2021.Ownership agreed to temporarily lease Suite 103,which was a building conference room,to the
County in 2021 as the room was underutilized during COVID.At the end of the term of this lease,ownership
would like to return Suite 103 to use as a building conference room.
HSD plans for the Mobile Crisis Team to move to the County-owned building at 1034 Oak Grove,Concord,
when renovations at that site are complete -anticipated to occur by the fourth quarter of 2024.Until this team
can move into the newly renovated County building,they need to remain in the suites they currently occupy at
1350 Arnold Drive.
CONSEQUENCE OF NEGATIVE ACTION:
The County would need to relocate this group.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-354 Agenda Date:9/12/2023 Agenda #:
C.93.
I hereby certify that this is a true and correct copy of an action taken and entered on theminutes of the Board of Supervisors on the date shown.ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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Second Amendment to Lease
Health Services Department – Mobile Crisis Team
1350 Arnold Drive, Suites 102 and 103
Martinez, CA
This second amendment is dated September 12, 2023, and is between RPE MUIR,
LLC, a California limited liability company (“Lessor”) and the COUNTY OF CONTRA
COSTA, a political subdivision of the State of California (“County”).
Recitals
A. Lessor is owner of the building located at 1350 Arnold Drive, Martinez,
California (the “Building”). Lessor and County are parties to a lease, dated August 1,
2018, under which the County is leasing Suites 102 and 103 in the Building (as amended
from time to time, the “Lease”).
B. The parties desire to amend the Lease to extend its term, eliminate the
County’s obligation to pay Additional Rent, modify the County’s obligation to pay utility
costs, and update the parties’ addresses for the purpose of notices.
The parties therefore amend the Lease as follows:
Agreement
1. All defined terms used but not defined in this second amendment have the
meaning ascribed to them elsewhere in the Lease.
2. Section 2. Term is deleted in its entirety and replaced with the following:
Term. The “Term” of this lease is comprised of an Initial Term and, at County’s
election, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is three years, commencing on October
1, 2018 (the “Commencement Date”) and ending September 30, 2021.
b. Renewal Terms. County has two options to renew this lease (each, a
“Renewal Term”) upon all the terms and conditions set forth in this lease.
i. The first Renewal Term, if exercised, begins on October 1, 2021,
and ends on September 30, 2023.
ii. The second Renewal Term, if exercised, begins on October 1,
2023, and ends on September 30, 2024.
iii. County will provide Lessor with written notice of its election to
renew the lease 30 days prior to the end of the Term. However, if
County fails to provide a 30-day notice, its right to renew the lease
825
will not expire until 15 working days after County’s receipt of
Lessor’s written demand that County exercise or forfeit the option
to renew.
iv. Upon the commencement of a Renewal Term, all references to the
Term of this lease will be deemed to mean the Term as extended
pursuant to this Section.
3. Section 3. Rent is amended by adding the following subsection:
c. Second Renewal Term.
Period Monthly Rent
October 1, 2023 – September 30, 2024 $3,537.20
Rent for any fractional month will be prorated and computed on a daily basis with
each days rent equal to one-thirtieth (1/30) of the monthly Rent.
4. Section 4. Additional Rent is deleted in its entirety.
5. Section 7. Obligation to Pay Utilities and Janitorial is deleted in its entirety and
replaced with the following:
Obligation to Pay Utilities and Janitorial.
a. Subject to Section 7.b. below, Lessor shall pay for all gas and electric,
water, sewer, and refuse collection services provided to the Premises.
Lessor shall pay for all janitorial services provided to the Premises, which
services are to conform to the specifications set forth in Exhibit C –
Janitorial Specifications.
b. County shall pay Lessor $734.14 per month for the County’s after-hours
use of the heating, ventilating and air-conditioning (HVAC) system that
exclusively serves the Premises, which amount is based on an hourly rate
of $1.62 for use that occurs (i) on weekends, and (ii) on weekdays outside
of the standard service time of 7:00 a.m. to 6:00 p.m. for a total of 452
extra hours. The hourly rate of $1.62 is subject to change based on rate
changes made by PG&E.
6. Section 23. Notices is deleted in its entirety and replaced with the following:
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:
826
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
251 Lafayette Circle #120
Lafayette, CA 94549
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
[Remainder of Page Intentionally Left Blank]
827
7. All other terms of the Lease remain unchanged.
Lessor and County are causing this second amendment to be executed as of the date set
forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC, a
political subdivision of the State of California Limited Liability Company
California
By: _______________________ By:_______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP449
G:\Realprop\LEASE MANAGEMENT\MARTINEZ\1350 ARNOLD DR STE 102 & 103 - T00720\LEASES\2023 2nd
Amendment\1350 Arnold Suite 102_103 Second Amend - V2.Docx
828
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-355 Agenda Date:9/12/2023 Agenda #:
C.94.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Lease with RPE Muir, LLC for 1340 Arnold Drive, 229, Martinez
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with RPE Muir, LLC
for approximately 1,728 square feet of office space located at 1340 Arnold Drive, Suite 229, in Martinez, for a
five-year term with two two-year renewal options, with an initial annual rent of $39,398, and annual increases,
thereafter, as requested by the Health Services Department.
FISCAL IMPACT:
100% Health Services Hospital Enterprise Funds
BACKGROUND:
Health Services Department (HSD) - Financial Counseling group serves to provide health care coverage
assistance to Contra Costa residents. The group works to advocate and inform our most vulnerable population,
including undocumented immigrants, to reduce barriers that prevent patients from having continuity of
primary/specialty services.
The Financial Counselors group was moved to this suite under a short-term lease in 2021. HSD has decided to
remain in this space to avoid disruption in the work conducting business in support of the community.
CONSEQUENCE OF NEGATIVE ACTION:
The Financial Counselors group’s work would be disrupted,and the County would incur additional costs to
locate an alternate location and relocate this group.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
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1
LEASE
Health Services Department
Financial Counselors Group
1340 Arnold Drive, Suite 229
Martinez, California
This lease is dated September 1, 2023 (the “Effective Date”), and is between RPE
MUIR, LLC, a California limited liability company (“Lessor”) and the County of Contra Costa,
a political subdivision of the State of California (“County”).
Recitals
A. Lessor is the owner of the building located at 1340 Arnold Drive in Martinez (the
“Building”).
B. Lessor and the County are parties to a lease dated April 22, 2021 (the “Original Lease”),
under which the County is leasing approximately 1,728 square feet of office space known
as Suite 229 in the Building (the “Premises”), along with the non-exclusive use of six
parking stalls.
C. The Original Lease expired on July 31, 2023. On July 31, 2023, the parties agreed to
extend the term of the Original Lease on a month-to-month basis. On the Effective Date,
the Original Lease is terminated.
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, Renewal Terms, each as defined below.
a. Initial Term. The “Initial Term” is five years, commencing on September 1, 2023
(the “Commencement Date”), and ending August 31, 2028.
b. Renewal Terms. The County has two options to renew this lease for a term of two
years for each option (each, a “Renewal Term”) upon all the terms and conditions set
forth in this lease.
i. The County will provide Lessor with written notice of its election to renew the
lease 30 days prior to the end of the Term. However, if the County fails to
830
2
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 a 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 first day of each month during the Initial
Term and, if applicable, the Renewal Terms, in the amounts set forth below:
Initial Term Monthly Rent
September 1, 2023 - August 31, 2024 $3,283.20
September 1, 2024 - August 31, 2025 $3,381.70
September 1, 2025 - August 31, 2026 $3,483.15
September 1, 2026 - August 31, 2027 $3,587.64
September 1, 2027 - August 31, 2028 $3,695.27
First Option Monthly Rent
September 1, 2028 - August 31, 2029 $3,806.13
September 1, 2029 - August 31, 2030 $3,920.31
Second Option Monthly Rent
September 1, 2030 - August 31, 2031 $4,037.92
September 1, 2031 - August 31, 2032 $4,159.06
Rent for any partial month will be prorated and computed on a daily basis with each
day’s rent equal to 1/30 of the applicable monthly fractional rent.
4. Tenant Improvements. Lessor shall cause the following improvements (together, the
“Tenant Improvements”) to be made to the Premises within 60 days after the
Commencement Date:
a. Ceiling Tiles. Replace damaged and/or stained ceiling tiles.
b. Blinds. Replace blinds with new, white building standard, if this has not been
done.
831
3
5. Use. County may use the Premises for the purpose of conducting various functions of
County and any other purpose permitted by law, provided such use is not specifically
prohibited by the building rules and regulations set forth in Exhibit A - Building Rules
and Regulations.
6. Obligation to Pay Utilities and Janitorial . Lessor shall pay for all gas and electricity,
water, sewer, and refuse collection services provided to the Premises, provided, however,
if County installs a supplemental cooling unit, then Lessor shall install a separate meter to
measure the electrical consumption of such cooling unit and County will reimburse
Lessor for the actual cost of the electrical consumption of such cooling unit and the cost
for the meter, including installation. Lessor shall pay for all janitorial services provided to
the Premises, which services are to conform to the specifications set fo rth in Exhibit B –
Janitorial Specifications.
7. Maintenance and Repairs.
a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the
Premises 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, glass and glazing, and all locks and key systems used in the
Premises.
b. Interior of Premises. 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 may
install and maintain an alarm system, if deemed necessary by County.
c. Utility Systems. 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.
e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot
exterior lighting system, and landscaping, in good order, condition and repair.
f. Services by Lessor. If 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 County’s request, Lessor shall perform the work at
County’s expense. In performing the work, Lessor shall consult with County and use
either licensed insured contractors or employees of Lessor. Lessor shall obtain
County’s prior written approval of the scope, terms, and cost of any contracts.
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.
832
4
8. Quiet Enjoyment. Provided the County is in compliance with the material terms of this
lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of
the Premises during the Term.
9. 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 with the written
approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon
the assignment of the lease by County, the County will have no further obligation under
the lease.
10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor
alterations to the Premises and (ii) attach fixtures and signs (“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. County is
responsible for the cost of all alterations and County Fixtures. All alterations and County
Fixtures are subject to Lessor’s approval and must compl y with existing code
requirements and building standards. In the event that County installs an alarm system, at
the end of the lease term County will be responsible for the removal of the equipment and
repairs of any damages to the walls.
11. Insurance.
a. Liability Insurance. Throughout the Term, the 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 . The
County shall provide Lessor with a letter of self-insurance affirming the existence of
the self-insurance program.
b. Self-Insurance Exclusion. The 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.
12. 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, act s 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.
13. 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.
833
5
14. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by
prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no
waste is being made and that all actions affecting the Premises are done in the manner
best calculated to preserve the Premises, and (iii) the County is in compliance with the
terms and conditions of this lease.
15. 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 the County or otherwise.
If Lessor fails to address a Perilous Condition within 24 hours after the County’s notice
or to immediately address an emergency, the County may attempt to resolve the Perilous
Condition or emergency. Lessor shall reimburse the County for any costs incurred by the
County in addressing the Perilous Condition or emergency promptly upon receipt of the
County’s invoice.
16. 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.
This lease will terminate in the event of the total destruction of the Premises.
17. 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
834
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acknowledges and agrees that the County has no obligation to clean up or remediate, or
contribute to the cost of cleanup 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 m aterial, toxic
substance, or toxic material under any federal, state or local law, regulation, or ordinance.
18. 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 or employees 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, or employees.
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, injur y 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, 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, or employees.
19. Default.
The occurrence of any of the following events is a default under this lease:
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 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.
835
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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.
20. 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 County or (ii) proceed to repair or correct the failure and, at 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.
21. 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:
To Lessor: RPE Muir, LLC.
1343 Locust Street #24
Walnut Creek, CA 94596
With a copy to: Bay Wide Properties
251 Lafayette Circle #120
Lafayette, CA 94549
836
8
To County: Principal Real Property Agent
Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Either party may at any time designate in writing a substitute address for 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.
22. Successors and Assigns. This lease binds and inures to the benefit of the heirs,
successors, and assigns of the parties hereto.
23. 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.
24. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the
essence.
25. Governing Law. The laws of the State of California govern all matters arising out of this
lease.
26. 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.
[Remainder of Page Intentionally Left Blank]
837
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27. 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 on the date set forth in the introductory paragraph.
COUNTY OF CONTRA COSTA, a RPE MUIR LLC
political subdivision of the State of
California
By: _______________________ By: _______________________
Brian M. Balbas Ronald P. Elvidge
Public Works Director President
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Margaret J. Eychner
Senior Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
ME:
WLP447
G:\realprop\LEASE MANAGEMENT\MARTINEZ\1340 ARNOLD DR STE 229 - T00296\LEASES\2023 Lease\1340 Arnold Dr, Ste 229-
2023 Lease - V2.docx
838
Exhibit A - 1
EXHIBIT A
BUILDING RULES AND REGULATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 229, Martinez, California
1. No sign, placard, picture, advertisement, name or notice shall be installed or displayed on
any part of the outside or inside of the Building without the prior written consent of Lessor.
Lessor shall have the right to remove, at County’s expense and without notice, any sign
installed or displayed in violation of this rule. All approved signs or lettering on doors and
walls shall be printed, painted, affixed or inscribed at the expense of County by a person
chosen by Lessor.
2. If Lessor objects in writing to any curtains, blinds, shades, screens or hanging plants or other
similar objects attached to or used in connection with any window or door of the Premises,
County shall immediately discontinue such use. No awning shall be permitted on any part of
the Premises. County shall not place anything against or near glass partitions or doors or
windows which may appear unsightly from outside the Premises.
3. County shall not obstruct any sidewalks, halls, passages, exits, entrances, elevators, or
stairways of the Building. The halls, passages, exits, entrances, elevators, and stairways are
not open to the general public. Lessor shall in all cases retain the right to control and prevent
access thereto of all persons whose presence in the judgment of Lessor would be prejudicial
to the safety, character, reputation and interest of the Building and its Tenants/County;
provided that nothing herein contained shall be construed to prevent such access to persons
with whom County normally deals in the ordinary course of its business, unless such persons
are engaged in illegal activities. No employee or invitee of County shall go u pon the roof of
the Building.
4. The directory of the Building will be provided exclusively for the display of the name and
location of all tenants in the building including the County.
5. All cleaning and janitorial services for the Building and the Premises shall be provided
exclusively through Lessor, and except with the written consent of Lessor, no person or
persons other than those approved by Lessor shall be permitted to enter the Building for the
purpose of cleaning the same. County shall not cause any unnecessary labor by carelessness
or indifference to the good order and cleanliness of the Premises. Lessor shall not in any way
be responsible to any County for any loss of personal property on the Premises, however
occurring, or for any damage to any County’s personal property by the janitor or any other
employee or any other person.
6. Lessor will furnish County, at County’s cost (unless such cost is paid from any County
improvement allowance, if applicable, available to County by Lessor); with six keys to each
839
Exhibit A - 2
door lock in the Premises. Lessor may make a reasonable charge for any additional keys.
County shall not make or have made additional keys, and County shall not alter any lock or
install a new additional lock or bolt on any door of its Premises. County, upon the termination
of its tenancy, shall deliver to Lessor the keys of all doors which have been furnished to
County, and in the event of loss of any keys so furnished, shall pay Lessor therefor.
7. If County requires telegraphic, telephonic, burglar alarm or similar services, it shall first
obtain, and comply with, Lessor’s instructions in their installation.
8. Any freight elevator shall be available for use by all Tenants in the Building, subject to such
reasonable scheduling as Lessor in its discretio n shall deem appropriate. No equipment,
materials, furniture, packages, supplies, merchandise or other property will be received in the
Building or carried in the elevators except between such hours and in such elevators as may
be designated by Lessor.
9. County shall not place a load upon any floor of the Premises that exceeds the load per square
foot that such floor was designed to carry and which is allowed by law. Lessor shall have the
right to prescribe the weight, size and position of all equipment, mat erials, furniture or other
property brought into the Building. Heavy objects shall, if considered necessary by Lessor,
stand on such platforms as determined by Lessor to be necessary to properly distribute the
weight. Business machines and mechanical equipment belonging to County, which cause
noise or vibration that may be transmitted to the structure of the Building or to any space
therein to such a degree as to be objectionable to Lessor or to any Tenants/County in the
Building, shall be placed and maintained by County, at County’s expense, on vibration
eliminators or other devices sufficient to eliminate noise or vibration. The persons employed
to move such equipment in or out of the Building must be acceptable to Lessor. Lessor will
not be responsible for loss of, or damage to, any such equipment or other property from any
cause, and all damage done to the Building by maintaining or moving such equipment or
other property shall be repaired at the expense of County. COUNTY shall notify Lessor of
the names of all persons or companies to be employed or retained by County to move
equipment or other articles in or out of the Building or Premises on behalf of the County
(collectively, “movers”) prior to commencing any moving. County shall reasonably
cooperate with Lessor to cause all such movers to maintain the following insurance in
connection with the moving of equipment or other articles in or out of the Building or
Premises, as the case may be (and to provide Lessor with a certificate of insurance evidencing
such insurance is being maintained): (i) workers compensation insurance in such amounts as
may be required by law; and (ii) commercial general liability insurance (including owned
and non-owned automobile liability), on an occurrence basis, with limits of no less than
$1,000,000 per occurrence. Such commercial general liability policies shall (i) name Lessor
and its managing agent as additional insureds; and (ii) is primary to and non -contributory
with any insurance policies carried by Lessor or such managing agent.
10. County shall not use or keep in the Premises any kerosene, gasoline or other inflammable or
combustible fluid or material other than those limited quantities necessary for the operation
or maintenance of office equipment. County shall not use or permit to be used in the Premises
any foul or noxious gas or substance, or permit or allow the Premises to be occupied or used
840
Exhibit A - 3
in a manner offensive or objectionable to Lessor or other occupants of the Building by reason
of noise, odors or vibrations, nor shall County bring into or keep in or about the Premises
any birds or animals.
11. County shall not use any method of heating or air-conditioning other than that supplied by
Lessor.
12. County shall not waste electricity, water or air-conditioning and agrees to cooperate fully
with Lessor to assure the most effective operation of the Building’s heating and air -
conditioning and to comply with any governmental energy -saving rules, laws or regulations
of which County has actual notice, and shall refrain from adj usting controls. County shall
keep corridor doors closed, and shall close window coverings at the end of each business
day.
13. Lessor reserves the right, exercisable without notice and without liability to County, to
change the name and street address of the Building.
14. Lessor reserves the right to exclude from the Building between the hours of 6 P.M. and 7 A.M.
the following day, or such other hours as may be established from time to time by Lessor,
and on Sundays and legal holidays, any person unless that person is known to the person or
employee in charge of the Building and has a pass or is properly identified. County shall be
responsible for all persons for whom it requests passes and shall be responsible for all acts
of such persons. Lessor shall not be liable for damages for any error with regard to the
admission to or exclusion from the Building of any person. Lessor reserves the right to
prevent access to the Building in case of invasion, mob, riot, public excitement or other
commotion by closing the doors or by other appropriate action.
15. County shall close and lock the doors of its Premises and entirely shut off all water faucets
or other water apparatus, and electricity, gas or air outlets before County and its employees
leave the Premises. County shall be responsible for any damage or injuries sustained by other
Tenants/County or occupants of the Building or by Lessor for noncompliance with this rule.
16. County shall not obtain for use on the Premises food, beverage, towel, car washing or
detailing or other similar services or accept barbering, bootblacking or car washing or
detailing service upon the Premises, except at such hours and under such regulations as may
be fixed by Lessor.
17. The toilet rooms, toilets, urinals, wash bowls and other appara tus shall not be used for any
purpose other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage
resulting from the violation of this rule shall b e borne by the County who, or whose
employees or invitees, shall have caused it.
18. County shall not sell, or permit the sale at retail, of newspapers, magazines, periodicals,
theater tickets or any other goods or merchandise to the general public in or on t he Premises.
841
Exhibit A - 4
County shall not make any room-to-room solicitation of business or activity other than that
specifically provided for in the County’s lease.
19. County shall not install any radio or television antenna, loudspeaker or other device on the
roof or exterior walls of the Building. County shall not interfere with radio or television
broadcasting or reception from or in the Building or elsewhere.
20. County shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or
in any way deface the Premises or any part thereof. Lessor reserves the right to direct
electricians as to where and how telephone and telegraph wires are to be introduced to the
Premises. County shall maintain their telephone, telegraph, telecommunications wires and
systems. County shall not cut or bore holes for wires. County shall not affix any floor
covering to the floor of the Premises in any manner except as approved by Lessor. County
shall repair any damage resulting from noncompliance with this rule.
21. County shall not install, maintain or operate upon the Premises any vending machine without
the written consent of Lessor.
22. Canvassing, soliciting and distribution of handbills or any other written material, and
peddling in the Building are prohibited, and each Ten ant/County shall cooperate to prevent
same.
23. Lessor reserves the right to exclude or expel from the Building any person who, in Lessor’s
judgment, is intoxicated or under the influence of liquor or drugs or who is in violation of
any of the Rules and Regulations of the Building.
24. County shall store all its trash and garbage within its Premises. County shall not place in any
trash box or receptacle any material that cannot be disposed of in the ordinary and customary
manner of trash and garbage disposal. All garbage disposals shall be made in accordance
with the directions issued from time to time by Lessor.
25. The Premises shall not be used for the storage of merchandise held for sale to the general
public, or for lodging or for manufacturing of any kind, nor shall the Premises be used for
any improper, immoral or objectionable purpose. No cooking shall be done or permitted by
any Tenant/County on the premises except that use by County of Underwriters’ Laboratory -
approved equipment for brewing coffee, tea, hot chocolate, and similar beverages shall be
permitted, provided that such equipment and use is in accordance with all applicable federal,
state, county and city laws, codes, ordinances, rules and regulations.
26. County shall not use in any space or in the public halls of the Building any hand trucks except
those equipped with rubber tires and side guards or such other material -handling equipment
as Lessor may approve. County shall not bring vehicles or bicycles of any kind into the
Building.
842
Exhibit A - 5
27. Without the written consent of Lessor, County shall not use the name of the Building in
connection with or in promoting or advertising the business of County except as County’s
address.
28. County shall comply with all safety, f ire protection and evacuation procedures and
regulations established by Lessor or any other governmental agency.
29. County assumes any and all responsibility for protecting its Premises from theft, robbery and
pilferage, which includes keeping doors locked a nd other means of entry to the Premise
closed.
30. The requirements of County will be attended to only upon appropriate application to the
office of the Building by an authorized individual: Employees of Lessor shall not perform
any work or do anything outside of their regular duties unless under specific instruction by
Lessor.
31. County shall not park its vehicles in any parking areas designated by the Lessor as areas for
parking by visitors to the Building. County shall not leave vehicles in the Building par king
areas overnight nor park any vehicles in the Building parking areas other than automobiles,
motorcycles, motor driven or non-motor driven bicycles or four wheeled trucks. County
shall direct its agents, guests, affiliates, visitors and invitees comin g to the Project for
conferences, training or meetings to park in the overflow parking area designated by the
Lessor (“Conference Parking”). Lessor, at Lessor’s sole discretion, shall have the right to
relocate said Conference Parking. Lessor shall provid e County a minimum of a twenty-four
(24) hour written notice of such relocation, unless such relocation is due to an emergency or
other situation that Lessor was not provided ample notification of.
32. Lessor may waive any one or more of these Rules and Regulations for the benefit of County
or any other Tenant, but no such waiver by Lessor shall be construed as a continuous waiver
of such Rules and Regulations in favor of County or any other Tenant, nor prevent Lessor
from thereafter enforcing any such Rules and Regulations against the County or any or all of
the other Tenants of the Building.
33. These Rules and Regulations are in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the terms, covenants, agreements and condi tions of
any lease of premises in the Building.
34. Lessor reserves the right to make such other reasonable Rules and Regulations as, in its
judgment, may from time to time be needed for safety and security, for care and cleanliness
of the Building and for the preservation of good order therein. County agrees to abide by all
such Rules and Regulations hereinabove stated and for any additional rules and regulations
that are adopted.
35. County shall be responsible for the observance of all foregoing rules by County’s employees,
agents, clients, customers, invitees and guests.
843
Exhibit B - 1
Exhibit B
JANITORIAL SPECIFICATIONS
CONTRA COSTA COUNTY
1340 Arnold Drive, Suite 229, Martinez, California
Lessor shall cause janitorial services provided to Premises to meet or exceed the following
standards:
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures, mirrors,
hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas. Spot -
clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
844
Exhibit B - 2
TWICE YEARLY
1. Wash windows, window screens, and glass on both sides two times per year in May and
November.
2. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Lessor shall furnish all paper supplies, such as seat covers, towels, toilet tissue, sanitary
napkins, soap for sink dispensers, and trash container liners.
2. Lessor shall furnish all equipment, tools, and cleaning supplies such as carpet cleaner,
disinfectant, wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Lessor shall cause the janitor room to be kept neat, clean, and free of debris.
2. Lessor shall cause the janitor to lock all doors and windows, set night lights and alarm
system before leaving building at the end of the day.
3. Lessor shall keep all sidewalks broom clean and landscaping free of debris within a 12 -
foot distance from the perimeter of the building.
845
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-356 Agenda Date:9/12/2023 Agenda #:
C.95.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Disposal of Surplus Property
RECOMMENDATIONS:
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.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
powered by Legistar™846
ATTACHMENT TO BOARD ORDER SEPTEMBER 12, 2023
Department Description/Unit/Make/Model Serial No. Condition
A. Obsolete B. Worn Out
C. Beyond economical repair
D. Damaged beyond repair
HEALTH SERVICES 2005 HONDA CIVIC HYBRID # 0259 (60524 MILES) JHMES96635S014078 B. WORN OUT
PROBATION 2000 CHEVY MALIBU SEDAN # 0438 (82106
MILES) 1G1ND52J6Y6266735 B. WORN OUT
SHERIFF 2012 FORD TAURUS SEDAN # 1036 (94237 MILES) 1FAHP2DW3CG130753 B. WORN OUT
PROBATION 2012 FORD TAURUS SEDAN # 1044 (50268 MILES) 1FAHP2DW4CG135766 B. WORN OUT
SHERIFF 2016 FORD INTERCEPTOR SEDAN # 2563 (89869
MILES) 1FAHP2MT2GG107072 C. BEYOND ECONOMICAL
REPAIR
SHERIFF 2016 FORD INTERCEPTOR SEDAN # 2564 (116105
MILES) 1FAHP2MT6GG126580 B. WORN OUT
SHERIFF 2017 FORD INTERCEPTOR SUV # 3616 (107994
MILES) 1FM5K8AT7HGC78562 B. WORN OUT
SHERIFF 2014 FORD TAURUS SEDAN # 1088 (94246 MILES) 1FAHP2D87EG135166 B. WORN OUT
SHERIFF 2014 FORD TAURUS INTERCEPTOR SEDAN #
1065 (90311 MILES) 1FAHP2MT8EG120082 B. WORN OUT
SHERIFF 2015 FORD TAURUS SEDAN # 1307 (83991 MILES) 1FAHP2D93FG167882 B. WORN OUT
EHS/COMM
SERVICES 2009 HONDA CIVIC CNG #0290 (48266 MILES) 1HGFA465X9L000098 B. WORN OUT
847
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-357 Agenda Date:9/12/2023 Agenda #:
C.96.
To:Board of Supervisors
From:Brian M. Balbas, Public Works Director
Report Title:Appointment of Dana Trezise Baumann as the County Surveyor.
RECOMMENDATIONS:
APPOINT Dana Trezise Baumann to the position of County Surveyor -Exempt at Step 5 of the salary range
effective September 12, 2023, as recommended by the Public Works Director.
FISCAL IMPACT:
The funding for the requested appointment of County Surveyor - Exempt is budgeted for Fiscal Year 2023-24.
BACKGROUND:
When a Public Works Director does not have the authority to act as the County Surveyor -Exempt as described
in Section 24-22.004 of the County Code,the Board of Supervisors must appoint a County Surveyor -Exempt.
The previous County Surveyor -Exempt retired on August 1,2022.To minimize the impact on service delivery
in processing land survey maps,subdivision and parcel maps,surveys,and property descriptions per the
requirements of the Subdivision Map Act and the Professional Land Surveyor’s Act of the Business and
Professionals Codes,Dana Tresize Baumann was appointed interim County Surveyor -Exempt by the Board of
Supervisors on August 2,2022,with agenda item C.26.Ms.Baumann has remained the interim County
Surveyor since.
After completing a recruitment to fill the permanent vacancy,the Public Works Department selected the interim
County Surveyor - Exempt to fill the position.
CONSEQUENCE OF NEGATIVE ACTION:
Without an appointed County Surveyor -Exempt,the County will not be in compliance with the Subdivision
Map Act and the Professional Land Surveyor’s Act of the Business and Professionals Codes.All Processing of
the land survey maps such as subdivisions and parcel maps,surveys,and property descriptions will cease.The
result will be delays in services provided to residences, agencies and businesses operating in the county.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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C.96.
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-358 Agenda Date:9/12/2023 Agenda #:
C.97.
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Claims
RECOMMENDATIONS:
DENY claims filed by Erick Iraheta and Reyna Noel Vasquez. DENY amended claim filed by Liana Tellez.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Erick Iraheta: Property claim for damage to vehicle in an undisclosed amount.
Reyna Noel Vasquez: Property claim for missing personal items in the amount of $500.
Liana Tellez: Amended personal injury claim for falling tree branch in an undetermined amount.
CONSEQUENCE OF NEGATIVE ACTION:
Not acting on the claims could extend the claimants’ time limits to file actions against the County.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-359 Agenda Date:9/12/2023 Agenda #:
C.98.
To:Board of Supervisors
From:Karen Caoile, Director of Risk Management
Report Title:Contract with TCS Risk Management Services, LLC
RECOMMENDATIONS:
RATIFY the Director of Risk Management’s execution of a contract with TCS Risk Management Services, LLC in an amount
not to exceed $1,476,800 to provide ergonomic program support for the period of July 1, 2023, through June 30, 2024.
FISCAL IMPACT:
Costs for administration of County-wide ergonomic programs will be paid from the Workers’ Compensation
Internal Service Fund.
BACKGROUND:
TCS Risk Management Services provides the following: review and administration of ergonomic programs;
employee ergonomic evaluations; installation of ergonomic equipment; discount pricing for equipment, training
and coordination with departments; timely delivery of ergonomic evaluations and equipment to prevent or
reduce the level of injuries sustained by employees. The results are savings in workers’ compensation claims.
CONSEQUENCE OF NEGATIVE ACTION:
The program, including the ergonomics laboratory and equipment, will not be available to meet the County’s
needs and satisfy current regulations.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 1
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-360 Agenda Date:9/12/2023 Agenda #:
C.99.
To:Board of Supervisors
From:Karen Caoile, Director of Risk Management
Report Title:Contract Amendment with Mobile-Med Health Solutions, Inc.
RECOMMENDATIONS:
RATIFY the Director of Risk Management's execution of a contract amendment with Mobile-Med Health
Solutions, Inc. to extend the term through February 3, 2025, to provide COVID-19 testing and related services,
with no increase in the payment limit.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
This contract is in response to the COVID-19 pandemic and the County's responsibilities under the various
local, state, and federal health orders, to conduct outbreak testing, major outbreak testing, and testing
requirements of employees from California Department of Public Health. Mobile-Med possesses the
specialized technical kills and resources to provide testing services, including on-site testing, self- testing,
expedient test results, and accessible and timely result reporting to employees, departments and public health as
may be required by law.
This extension is effective August 23, 2023, there is no change to the payment limit of $3,175,000, and it will
allow the County to continue to conduct outbreak testing.
CONSEQUENCE OF NEGATIVE ACTION:
County will not be able to comply with requirements of regulations and health orders of the California
Department of Public Health.
CONTRA COSTA COUNTY Printed on 9/7/2023Page 1 of 2
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File #:23-360 Agenda Date:9/12/2023 Agenda #:
C.99.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-361 Agenda Date:9/12/2023 Agenda #:
C.100.
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Report Title:Purchase Order - LC Action Police Supply
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Office of the Sheriff, a purchase order
with LC Action Police Supply in an amount not to exceed $250,000 to replace the existing Sig Sauer Firearm platform
with Glock pistols for the sworn peace officer employees in the training unit of the Office of the Sheriff.
FISCAL IMPACT:
The purchases will be 100% funded by the Office of the Sheriff's FY2023/24 County General Fund allocation. The
$250,000 expenditure is the net cost, offset by the exchange rate of the Office of the Sheriff’s current Sig Sauer firearms.
BACKGROUND:
Sig Sauer, in conjunction with the law enforcement industry standard, recommends the replacement of a normally
operated police firearm after approximately nine years. As such, 2015 should have been the sunset year for the Sig Sauer
pistols purchased in 2006. In 2015, the Office of the Sheriff Training Division Administration and associated range staff
began a preliminary examination into an emergent issue regarding aging night sights mounted on many of the duty-issued
Sig Sauer pistols. Moreover, this issue coincided with a compounding question of the recent unreliability of new versions
of the Sig Sauer weapon systems and a possible need to transition to a more reliable firearm.
The Sig Sauer options are more costly to purchase and have known performance issues. Sig Sauer platforms currently
used by the Office of the Sheriff are more costly to replace, utilize the .40 caliber ammunition that is significantly more
expensive and harder to procure than the 9mm ammunition used by the Glock platform, and the manufacturing lead time
is currently 12 calendar months from the date of order. Glock manufacturing lead time for orders is 60-90 days. Many
large law enforcement agencies have recently transitioned from the Sig Sauer weapon system to a Glock platform. Glock
pistols have been widely utilized over the years, have one of the most straightforward, simplistic designs, and are
inherently more reliable. Most current estimates hold that 65-70% of American police officers carry Glocks as their
primary duty weapons.
The Sheriff's Office Firearms Committee selected the Glock pistol as an authorized and issued duty weapon after
reviewing comparable pistol options. Glock is respected in the law enforcement field for making quality and dependable
firearms. LC Action is the law enforcement distributor for our area.
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File #:23-361 Agenda Date:9/12/2023 Agenda #:
C.100.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this purchase could result in the Office of the Sheriff not being able to replace old firearms
and equipment with the more reliable option necessary to ensure public safety.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-362 Agenda Date:9/12/2023 Agenda #:
C.101.
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Report Title:Diablo Crime Scene Cleaners
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Diablo
Crime Scene Cleaners, in the amount of $1,000,000 for the period of September 1, 2023 through
August 31, 2024 to provide standard crime scene and biological cleaning services and specialized
cleaning services to combat the spread of respiratory and bloodborne illnesses.
FISCAL IMPACT:
Approval of this request will result in up to $1,000,000 in contractual service expenditures over a
1-year period and will be funded 100% by the Sheriff’s Office General Fund. The FY 23/24 cost will
largely depend on the number of actual service callouts and assumes current COVID-19
precautions stay in place.
BACKGROUND:
The Sheriff's Office has contracted with Diablo Crime Scene Cleaners for full-service crime scene
and biological cleaning for the detention facilities, patrol station houses and patrol vehicles. The
cleaning of blood and bodily fluids requires extensive training and experience to avoid
contamination and health risks. In addition to the standard cleaning services, Diablo Crime Scene
Cleaners has also provided increased sanitation measures at the Sheriff's facilities. Due to the
continued risk of respiratory and bloodborne illnesses, the Sheriff's Office deems it necessary to
continue the contract with Diablo Crime Scene Cleaners for the foreseeable future.
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File #:23-362 Agenda Date:9/12/2023 Agenda #:
C.101.
CONSEQUENCE OF NEGATIVE ACTION:
The Sheriff's Office will be unable to acquire the appropriate level of cleaning and sanitation
services.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-363 Agenda Date:9/12/2023 Agenda #:
C.102.
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Report Title:Tritech Software Systems
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with TriTech
Software Systems, a Central Square Company (formerly Tiburon, Inc.), to increase the payment limit
under the Master Support Agreement by $321,176 from $1,488,126 to a new payment limit of
$1,809,302 to provide dispatch and records systems support for the period September 10, 2023
through September 9, 2024.
FISCAL IMPACT:
Approval of this request will result in up to $321,176 in contractual service expenditures over a 1-year
period and will be funded 19% by Federal funding and 81% by the Sheriff’s Office budgeted County
General Fund.
BACKGROUND:
Tritech Software Systems, a Central Square Company (formerly Tiburon, Inc.) provides the Office of
the Sheriff with computer aided dispatch (CAD) and record management systems (RMS). Authorizing
additional payments under the Master Support Agreement will renew support for these systems and
the CopLogic reporting system that is integrated with CAD/RMS for the period September 10, 2023 to
September 9, 2024.
The CAD/RMS system is used by the Sheriff’s Dispatch Center to document calls for service and
dispatch police and Sheriff's units to those calls. The system is also used by the records division to
collect data required by the state. The support will allow the CAD and RMS systems to be up and
running 24/7 and provide emergency assistance if the system fails. CAD/RMS and mobile systems
are mission critical applications to public safety. Without Tritech Software Systems supporting their
products, the Office of the Sheriff runs the risk of crashing these systems without the ability to fix it.
In September 2016, the Board of Supervisors approved an agreement with Tiburon, Inc., to license
software for the Sheriff's Office 9-1-1 Dispatch and Records Management systems. The 9-1-1 CAD
system is used by the Office of the Sheriff’s Dispatch Center, and the RMS is used by the entire
Office of the Sheriff and the agencies that contract with the Sheriff's Office for law enforcement
services. Tritech Software Systems, a Central Square Company, provides the County with software
for the CAD system and RMS. This request will provide for systems maintenance and support for an
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File #:23-363 Agenda Date:9/12/2023 Agenda #:
C.102.
additional year.
CONSEQUENCE OF NEGATIVE ACTION:
The Office of the Sheriff would not be able to utilize Tritech Software Systems as support for the
dispatch system, which could prevent the Office of the Sheriff from providing emergency assistance
in the result of a system failure.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 2
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:23-364 Agenda Date:9/12/2023 Agenda #:
C.103.
To: Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Report Title:Apply for and Accept a 2023 Justice Assistance Grant
RECOMMENDATIONS:
ADOPT Resolution authorizing the Sheriff-Coroner, or designee, to apply for and accept, subject to compliance
with certifications, the U.S. Department of Justice, FY2023 Edward Byrne Memorial Justice Assistance Grant
(JAG) in an initial amount of $211,081 for support of countywide law enforcement programming for the period
October 1, 2023 through the end of the grant period.
FISCAL IMPACT:
$211,081, 100% Federal; No County match is required. The participating cities and County allocations are as
follows:
County Allocation:$25,604
Antioch Allocation:$50,685
Richmond Allocation:$90,412
Concord Allocation:$44,380
Total grant award: $211,081
The County portion of $25,604 will be the Sheriff-Coroner’s Office allocation. This allocation includes $9,274,
which is 5% of total cities’ allocations for the Sheriff-Coroner’s Office serving as the fiscal agent (including
grant management and administration), for the JAG 2023 grant. The $9,274 will cover management and
administration costs of the grant, including personnel and operational costs directly related to grant
management. (CFDA 16.738)
BACKGROUND:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal
criminal justice funding to state and local jurisdictions. The JAG FY2023 Grant is a formula grant with
emphasis on assisting local efforts to prevent or reduce crime and violence. Established to streamline justice
funding and grant administration, the JAG Program allows states, tribes, and local governments to support a
broad range of activities to prevent and control crime based on their own local needs and conditions.
The Bureau of Justice Statistics (BJS) calculates a minimum base allocation for each state. Once the state
funding is calculated, 60 percent of the allocation is awarded to the state and 40 percent to eligible units of local
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File #:23-364 Agenda Date:9/12/2023 Agenda #:
C.103.
government. Local governments are awarded amounts based on their share of the total violent crime reported
within the state. Based on a formula allocation, Contra Costa County has been designated as a disparate
jurisdiction because a city within the county is scheduled to receive 150% more than the county, while the
county bears more than 50% of the costs associated with the prosecution and incarceration of that city's Part 1
violent crime.
Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the total
eligible allocation. The Office of the Sheriff has been designated as the fiscal agent for this grant, and if
approved, will manage and oversee the distribution of the funds for all participating agencies within the county.
The eligible jurisdictions within Contra Costa County have a scheduled allocation totaling $211,081, with
$25,604 allocated to the County. If approved, the county allocation will go directly to the Office of the Sheriff.
CONSEQUENCE OF NEGATIVE ACTION:
If unapproved. the Sheriff's Office will be unable to apply for and accept the grant from the U.S. Department of
Justice, and will impact eligible local cities.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
CONTRA COSTA COUNTY Printed on 9/7/2023Page 2 of 3
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File #:23-364 Agenda Date:9/12/2023 Agenda #:
C.103.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF: Applying for and Accepting the U.S. Department of Justice 2023 Edward Bryne
Memorial Justice Assistance Grant (JAG).
WHEREAS, The County of Contra Costa is seeking funds available through the U.S. Department of Justice;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County does hereby
authorize 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 modifications
and extensions, provided by the U.S. Department of Justice related to the 2023 Edward Byrne Memorial Justice
Assistance Grant.
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the
Board of Supervisors
By:
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