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Home My WebLink AboutMINUTES - 06042024 - BOS Complete Min PktMeeting Minutes CONTRA COSTA COUNTY 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 Clerk of the Board (925) 655-2000 clerkoftheboard@cob.cccounty.us 9:00 AMAdministration Building 1025 Escobar Street, Martinez | https://cccounty-us.zoom.us/j/87344719204 | Call in: 888-278-0254 access code 843298# Tuesday, June 4, 2024 1.CALL TO ORDER; ROLL CALL District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Ken Carlson, and District V Supervisor Federal D. Glover Present: 2.PLEDGE OF ALLEGIANCE 3.CLOSED SESSION There were no announcements from Closed Session . A.CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)) 1.Contra Costa County v. WC Properties (Edens), LLC, et al., Contra Costa County Super. Ct. Case No. C22- 01451 4.Inspirational Thought- “We are not what other people say we are. We are who we know ourselves to be, and we are what we love. That’s okay.”– Laverne Cox 5.CONSIDER CONSENT ITEMS (Items listed as C.1 through C.102 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. Motion:Andersen CarlsonSecond: District I Supervisor Gioia, Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Page 1 of 27 1 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 Result:Passed PRESENTATIONS PR. 1 PRESENTATION declaring June 2024 as Elder & Dependent Adult Abuse Awareness Month in Contra Costa County. (Marla Stuart, Employment & Human Services Director) PR. 2 PRESENTATION recognizing June 2024 as LGBTQIA+ Pride month. (Supervisor Carlson) DISCUSSION ITEMS D.1.CONSIDER approving the Plaques and Memorials Policy as recommended by the Internal Operations Committee, Countywide. (Carrie Ricci, Public Works Department) 24-1580 Attachments:Contra Costa County Memorial Dedications Policy-Procedures June 2024 Speaker: Gigi Crowder. Added to language of the policy: Nothing in this policy precludes the Board of Supervisors from approving plaques or memorials, or taking other actions, to honor individuals of significance. Motion:Andersen BurgisSecond: District I Supervisor Gioia, Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed D.2.HEARING on the Engineer’s Report and proposed assessments in Stormwater Utility Areas Nos. 1 through 18 for Fiscal Year 2024-2025 and CONSIDER adoption of Resolution No. 2024-190, confirming the assessments, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Countywide. (100% Stormwater Utility Area Assessments) (Michelle Cordis, Public Works Department) RES 2024-190 Motion:Burgis CarlsonSecond: District I Supervisor Gioia, Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed Page 2 of 27 2 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 D.3.HEARING on the itemized costs of abatement for property in unincorporated Contra Costa County, located at 460 Memory Lane, Oakley, California (Surges, Charles W., Owner), (Jason Crapo, Conservation and Development) 24-1581 Attachments:Itemized Abatement Costs - TMP-2322 Before and After Photos TMP-2322 CF23-00462) Motion:Burgis CarlsonSecond: District I Supervisor Gioia, Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed D.4.CONSIDER authorizing the Department of Conservation and Development to prepare an ordinance amending the County building code to increase energy efficiency standards for newly constructed residential buildings, offices, hotels, and retail buildings to meet the County’s Climate Action Plan goals, and providing related direction to staff, as recommended by the Sustainability Committee. (Demian Hardman-Saldana, Department of Conservation and Development) 24-1582 Attachments:Exhibit A_Proposed Energy Code Amendment Compliance Margins_Table Presentation - .Proposed Energy Code Amendment to Reduce GHGs from New Buildings_for 6-4-24 BOS_Final Motion:Gioia BurgisSecond: District I Supervisor Gioia, Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed D.5.CONSIDER accepting a report on the Envision Contra Costa 2040 Comprehensive Zoning Code Update and providing direction to staff. (100% Land Development Fund) (Joseph Lawlor, Department of Conservation and Development) 24-1583 Attachments:PublicDraft_CCC_FullZUR_ForCounty Zoning Update Presentation 06042024 Speakers: Patricia Bristow . Motion:Burgis CarlsonSecond: District I Supervisor Gioia, Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed Page 3 of 27 3 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 D.6.HEARING to consider approving the Byron Corners Gas Station Project located at the southeast corner of the intersection of Byron Highway and Camino Diablo in the unincorporated Byron area, including adoption of Resolution No. 2024-191 approving a General Plan amendment and Ordinance No. 2024-12 rezoning the project site; approval of a land use permit/development plan to allow the construction and operation of a gas station, convenience store, and restaurant; and adoption of a mitigated negative declaration and related actions under the California Environmental Quality Act. (Francisco Avila, Department of Conservation and Development) RES 2024-191 Attachments:GP10-00003_General_Plan Map GP10-00003_Zoning Map Rezoning Ordinance_2024-12 GP10-00003_Agency Comments_BOS_6-4-24 CEQA NOA GP10-00003 Initial Study RZ13-3222 MMRP GP10-00003_CPC Staff Report_4-10-24 GP10-00003_BOS_FINDINGS -COAS_6-4-24 Line of Sight Exhibit Byron Corners Gas Station Project Plans.pdf GP10-00003_BOS_Presentation_6-4-24 Signed Ordinance No. 2024-12.pdf Speakers: Harsev and Sukhyeet Singh, Applicant; Patricia Bristow did not speak but wished to indicate her support of the project . Motion:Burgis CarlsonSecond: District I Supervisor Gioia, Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed D.7 CONSIDER consent items previously removed. There were no consent items removed for discussion . Items C.2, C.5 and C.87 were RELISTED to June 25, 2024. D.8 PUBLIC COMMENT (2 Minutes/Speaker) Liz Ritchie, New California requested that the timer be visible while commenting and that the amount of time alloted for commentary be increased to 5 minutes. She proposed that the month of July be named Celebration of the Founding of the United States or Declaration of Independence Month, with recognition of Contra Costa residents that are descendents of the founding fathers . Page 4 of 27 4 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 D.9 CONSIDER reports of Board members. Supervisor Burgis acknowledged the rising heat levels and reminds all to take necessary precautions for fire season; Chair Glover attended the funeral services over the weekend of Curly Jackson and Willie Mims . 8.ADJOURN Adjourned in Memory Curly Jackson, educator and Willie Mims, Humanitarian of the Year . Adjourned today's at 12:28 p.m. 9.CONSENT CALENDAR Airport CONSIDER CONSENT ITEMS A motion was made by District II Supervisor Andersen, seconded by District IV Supervisor Carlson, to approve the Consent Agenda. The motion carried by the following vote: District I Supervisor Gioia, Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed C.1.APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Mike Leuthold, for a south-facing hangar at Buchanan Field Airport effective June 2, 2024, in the monthly amount of $359, Pacheco area (100% Airport Enterprise Fund). 24-1584 Attachments:Hangar Rental Agmt pg 4-5 CCR A-10 Mike Leuthold approved C.2.APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a lease between the County, as Lessor, and Delux Public Charter, LLC (branded as JSX), as Tenant, for 532 square feet of office space and non-exclusive use of another room in the County-owned building located at 181 John Glenn Drive, Concord, for a three-year term at an initial annual rent of $14,856 for the first year with annual increases thereafter, and three options to renew for a term of one-year for each option. (Airport Enterprise Fund) 24-1585 Attachments:CCR_JSX Lease RELISTED to June 25, 2024. approved Board Standing Committees (referred items) Page 5 of 27 5 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.3.ACCEPT the 2023-2024 Triennial Review Phase 1 Report, APPROVE and AUTHORIZE the extension of the County Library Commission for a new three-year term through March 31, 2027, and REQUEST the 2025 Internal Operations Committee to examine whether and when to reactivate the Agricultural Advisory Task Force, as recommended by the Internal Operations Committee. (No fiscal impact) 24-1586 approved C.4.ACCEPT status report from the Employment and Human Services Department 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. 24-1587 Attachments:2024 FHS CalFresh Presentation approved C.5.APPROVE allocation of $3,850,000 in FY 2024/25 Measure X Housing funds to housing and homelessness related service projects, and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with Bay Area Legal Aid in the amount of $1,000,000, and the Health Services Director, or designee, to execute specified contracts totaling 2,850,000, to implement the projects, as recommended by the Family and Human Services Committee. (100% Measure X Sales Tax) 24-1588 Attachments:Attachment A - FHS Recommendations MX FY 24-25 Attachment B - FHS Recommendations MX Descriptions FY 24-25 Speakers: Leah Murray, Executive Director, Collaborising; Ramon Quintana, Coaborising; Phil Arnold, NAMI (National Alliance on Mental Illness); Chaplain/Elder Jeralynn Brown-Blueford; Alfonso; Elder Desiree Rushing; Wanda Johnson; Sholi, NAMI; Shantelle Owens, Genesis Church; Willie Robinson, Richmond Branch. RELISTED to June 25, 2024. This Consent Item was relisted. C.6.ADOPT Resolution No. 2024-212 to adopt a position of "Oppose" on the "Taxpayer Protection and Government Accountability Act" (Initiative #1935), a measure that would revise the California Constitution to restrict the ability of the state, counties, other local agencies and the electorate to approve or collect taxes, fees, and other revenues, as recommended by the Legislation Committee . RES 2024-212 Attachments:Attachment A: Text of Initiative Attachment B: Title and Summary (21-0042A1) Attachment C: Fiscal Impact Estimate Report approved Page 6 of 27 6 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.7.APPROVE and AUTHORIZE the Co-Directors of the Office of Racial Equity and Social Justice to release a Request for Qualifications to solicit the partnership of a community foundation to administer the procurement, management, and monitoring of $1,000,000 in FY 23-24 Measure X funds for service contracts to increase African-American holistic wellness and support in Contra Costa County, as recommended by the Equity Committee. 24-1590 Attachments:RFQ Final_Administer $1M for African American Wellness Services_Board Approval 6.4.24 approved Child Support Services C.8.APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute a Memorandum of Understanding with Butte County Department of Child Support Services at no cost to the County, to provide call center services for the period July 1, 2024 through June 30, 2025. (No fiscal impact) 24-1591 approved Clerk of the Board C.9.ADOPT Resolution No. 2024-192 recognizing the 150th Anniversary of the Town of Byron, California, as recommended by Supervisor Burgis . RES 2024-192 Attachments:Resolution No. 2024-192.pdf adopted C.10 . ADOPT Resolution No. 2024-193 acknowledging Asian American Pacific & Islanders (AAPI) Mental Health Awareness Week May 26th – 31st 2024, as recommended by Supervisor Glover. RES 2024-193 Attachments:Resolution No. 2024-193.pdf adopted C.11 . ADOPT Resolution No. 2024-194 declaring June 2024 as Elder and Dependent Adult Abuse Awareness Month in Contra Costa County, as recommended by the Employment and Human Services Director . RES 2024-194 Attachments:Resolution No. 2024-194.pdf adopted C.12 . ADOPT Resolution No. 2024-195 recognizing May 2024 as Older Americans Month, as recommended by Supervisor Burgis. RES 2024-195 Attachments:Resolution No. 2024-195.pdf adopted Page 7 of 27 7 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.13 . ADOPT Resolution No. 2024-196 recognizing Betty Geishirt Cantrell upon her retirement and 13 years of service with SparkPoint Contra Costa, as recommended by Supervisor Carlson. RES 2024-196 Attachments:Resolution No. 2024-196.pdf adopted C.14 . ADOPT Resolution No. 2024-197 recognizing the Clayton Business and Community Association 40th Anniversary, as recommended by Supervisor Carlson. RES 2024-197 Attachments:Resolution No. 2024-197.pdf adopted C.15 . ADOPT Resolution No. 2024-198 declaring June 2024, LGBTQIA+ Pride Month in Contra Costa County, as recommended by Supervisor Carlson. RES 2024-198 Attachments:Resolution No. 2024-198.pdf adopted C.16 . ADOPT Resolution No. 2024-199 declaring June 20, 2024, World Refugee Day, as recommended by Supervisor Carlson. RES 2024-199 Attachments:Resolution No. 2024-199.pdf adopted C.17 . ADOPT Resolution No. 2024-200 recognizing Trails for Richmond Action Committee (TRAC)’s 25th Anniversary and its work in expanding the Bay Trail in Richmond, as recommended by Supervisor Gioia. RES 2024-200 Attachments:Resolution No. 2024-200.pdf adopted C.18 . ADOPT Resolution No. 2024-201, recognizing Gayle Sloate Israel upon her retirement, as recommended by Supervisor Andersen RES 2024-201 Attachments:Resolution No. 2024-201.pdf adopted C.19 . ACCEPT the resignations of Phelicia Lang and Stacey Norman, DECLARE vacancies in the Community 4 - East County seat and the Community 2 - Central/South County seat on the Local Planning and Advisory Council for Early Care and Education, and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Contra Costa County Office of Education. 24-1592 Attachments:Vacancy Notices.pdf approved Page 8 of 27 8 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.20 . APPOINT Brock Randall Dubbels to the District IV Seat on the In Home Supportive Services Public Authority Advisory Committee for a term ending March 6, 2028, as recommended by Supervisor Carlson. 24-1593 approved C.21 . APPOINT Dr. Andrew Sutherland to the University of California representative seat on the Integrated Pest Management Advisory Committee with no term expiration, as recommended by the Integrated Pest Management Advisory Committee and the Health Services Director. 24-1594 Attachments:Roster approved C.22 . APPOINT Benjamin Lavender to the District IV Seat of the Countywide Bicycle Advisory Committee for a term ending December 31, 2024, as recommended by Supervisor Carlson. 24-1595 approved C.23 . APPOINT Nakenya Allen to the At-Large #8 seat and Christy Lam‐Julian to the At-Large #9 seat on the Contra Costa Commission for Women and Girls for terms expiring February 28, 2027, as recommended by the Family and Human Services Committee. 24-1596 Attachments:Allen Nakenya Application_Redacted Lam-Julian Christy Application_Redacted CCCWG Roster 5.14.24 approved C.24 . APPOINT Jarrod Bolliger to the At-Large Alternate #2 seat and Nicola Lopez to the At-Large Alternate #3 seat on the Advisory Council on Aging for terms ending September 30, 2025, as recommended by the Family and Human Services Committee. 24-1597 Attachments:Lopez Nicola Application_Redacted Bolliger Jarrod Application_Redacted ACOA Roster approved Page 9 of 27 9 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.25 . APPOINT Janelle Lafrades to the Low Income #2 seat, Nicola Lopez to the Private/Non-Profit Sector #3 seat, and Monisha Merchant to the Private/Non-Profit Sector Alternate #1 seat on the Contra Costa Economic Opportunity Council, as recommended by the Family and Human Services Committee. 24-1598 Attachments:Monisha Merchant Redacted Application Nicola Lopez Redacted Application Janelle Lafrades Redacted Application Economic Opportunity Council Roster approved C.26 . REAPPOINT Sydney Anderson to the District 3 seat on the In-Home Supportive Services Advisory Committee for a term ending March 6, 2028, as recommended by Supervisor Burgis. 24-1599 approved Clerk-Recorder/Elections C.27 . APPROVE and AUTHORIZE an increase to the volunteer poll worker stipend in the Elections Division of the Clerk-Recorder Department, as recommended by the Clerk-Recorder. (75% General Fund, 25% Center for Tech and Civic Life grant) 24-1600 approved Conservation & Development C.28 . APPROVE an allocation of $392,700 from the Rodeo Renewed Community Benefit Fund to provide expanded services and benefits to the Rodeo and Crockett areas, and AUTHORIZE the Conservation and Development Director, or designee, to execute contracts in a total amount not to exceed $392,700 with identified public and private organizations to carry out the services and benefit activities, for the period July 1, 2024 through June 30, 2025, as recommended by Supervisor Glover. (100% Rodeo Renewed Community Benefit Fund) 24-1601 Attachments:Attachment A - P66 CBF Recommendations approved C.29 . APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to apply for and accept a grant in an amount not to exceed $150,000 from the County's Keller Canyon Mitigation Fund to implement the Bay Point/Pittsburg Energy Enhancement Rebate Program, for the period October 1, 2024 through September 30, 2026. (100% Keller Canyon Mitigation Fund) 24-1602 approved Page 10 of 27 10 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 County Administration C.30 . APPROVE and AUTHORIZE the County Administrator to host the grand opening event for the County Administration Complex and Plaza on July 9, 2024, for an estimated cost of $10,000, pursuant to Administrative Bulletin No. 114 (County and Non-County Sponsored Events and Activities). (100% General Fund) 24-1603 Attachments:County Sponsored Event - 1026 Escobar Plaza.pdf approved C.31 . APPROVE and AUTHORIZE the County Administrator, or designee, to enter into a contract amendment with Ernst and Young, LLP for COVID-19 cost recovery consulting services extending the termination date from June 30, 2024 to June 30, 2025 with no change to the payment limit. (No additional fiscal impact) 24-1604 approved C.32 . APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Stradling Yocca Carlson & Rauth for tax and bond counsel services extending the termination date from June 30, 2024 to June 30, 2026 with no change to the contract limit of $250,000. (No additional fiscal impact) 24-1605 approved C.33 . ACCEPT the fiscal year 2023/24 3rd Quarter report on American Rescue Plan Act and Infrastructure, Investment and Jobs Act funding to Contra Costa County and take related actions, as recommended by the County Administrator. (No fiscal impact) 24-1606 Attachments:Attachment A - American Rescue Plan Funding Summary Attachment B - American Rescue Plan Act, FY 2023/24 3rd Quarter Report (January-March 2024) Attachment C - Infrastructure Investment and Jobs Act, FY 2023/24 3rd Quarter Report (January-March 2024) approved District Attorney C.34 . APPROVE and AUTHORIZE the District Attorney, or designee, to apply for and accept the FY2024 National Community Courts Initiative Grant from the U.S. Department of Justice in an amount not to exceed $900,000 for a Community Court Enhancement Program for the period October 1, 2024 through September 30, 2028. (100% Federal) 24-1607 approved Page 11 of 27 11 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.35 . APPROVE and AUTHORIZE the District Attorney, or designee, to apply for and accept the FY2024 Byrne Discretionary Community Project grant from the U.S. Department of Justice in an amount not to exceed $963,000 for the Underserved Survivors Support and Safety Program for the period July 1, 2024 through June 30, 2028. (100% Federal) 24-1608 approved Employment & Human Services C.36 . ADOPT Resolution No. 2024-202 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Aging to increase the amount payable to the County by $738,820 to a new amount not to exceed $7,663,566 and extend the term through June 30, 2025. (73% Federal, 27% State) RES 2024-202 adopted C.37 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Social Service Staffing & Recruiting, Inc., in an amount not to exceed $925,000 to provide qualified temporary social workers for clients of the Children and Family Services Bureau for the period July 1, 2024 through June 30, 2025. (59% Federal, 35% State, 6% County) 24-1609 approved C.38 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Brain Squared Solutions, in an amount not to exceed $296,000 to provide professional development training to Employment and Human Services staff for the period July 1, 2024 through June 30, 2026. (59% Federal, 35% State, 6% County) 24-1610 approved C.39 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Golden Rain Foundation of Walnut Creek, to deliver the Older Americans Act Title IIIC-1 Congregate Meal Program services by hosting and coordinating the Area Agency on Aging’s Café Costa meals site in the amount not to exceed $325,000 for the period July 1, 2024 through June 30, 2026. (No County match) 24-1611 approved Page 12 of 27 12 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.40 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute nine Interagency Agreements with Cities, to deliver the Older Americans Act Title IIIC-1 Congregate Meal Program services by hosting and coordinating the Area Agency on Aging’s Café Costa meals sites in an amount not to exceed $325,000 for the period July 1, 2024 through June 30, 2026. (100% Program Income) 24-1612 approved C.41 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Brain Learning Psychological Corporation, in an amount not to exceed $438,750 to provide Learning Disability Evaluations for California Work Opportunity and Responsibility to Kids / Welfare-to-Work participants for the period April 1, 2024 through June 30, 2026. (100% Federal) 24-1613 approved C.42 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept a continuation grant in an amount not to exceed $750,000 from the Department of Justice, Office of Violence Against Women for the Training and Services to End Abuse in Later Life Program Grant for the period of October 1, 2024 to September 30, 2027. (100% Federal, No County match) 24-1614 approved C.43 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Family and Children’s Trust Committee, to execute seven (7) contracts and one (1) Interagency Agreement in an amount not to exceed $80,000 per agency, $640,000 in total, for prevention and intervention services to abused and neglected children or children at risk of abuse or neglect and their families for the period of July 1, 2024 through June 30, 2025. (45% Child Abuse Prevention, Intervention and Treatment, 33% County Children’s Trust, 12% Ann Adler Donations, 10% Federal Community-Based Child Abuse Prevention) 24-1615 approved C.44 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Green Mountain Management, LLC., in an amount not to exceed $474,900, to provide job coaching and professional development services for the period May 1, 2024 through June 30, 2025. (59%, Federal, 35% State, and 6% County General fund) 24-1616 approved Health Services Page 13 of 27 13 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.45 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an amendment with Datix (USA) Inc., to increase the payment limit by $1,330,528 to an amount not to exceed $1,510,000 and extend the term through December 31, 2027 for additional hosted policy and incident management software and services for Contra Costa Health . (100% Hospital Enterprise Fund I) 24-1617 approved C.46 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with GE Medical Systems, Ultrasound & Primary Care Diagnostics, LLC in an amount not to exceed $380,943, and a related agreement for the purchase of two Voluson Expert 22 BT24 ultrasound devices for Contra Costa Regional Medical Center. (100% Hospital Enterprise Fund I) 24-1618 approved C.47 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order amendment with Reliance Wholesale, Inc. to extend the term from June 30, 2024 through June 30, 2025 with no change to the original payment limit of $325,000 for Intravenous and Pharmaceutical drugs and supplies to be used at the Contra Costa Regional Medical Center and Health Centers. (100% Hospital Enterprise Fund I) 24-1619 approved C.48 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, on behalf of the Health Services Director, to purchase 4000 County Connection and 500 WestCat tickets totaling an amount not to exceed $14,375 to provide transportation for Contra Costa Health patients for the period from June 1, 2024 through May 31, 2025. (100% Hospital Enterprise Fund I) 24-1620 approved C.49 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, on behalf of the Health Services Director, to purchase up to 450 Target gift cards totaling an amount not to exceed $37,000 to serve as an incentive for Patient Steering Committee and Patient Consultants participating in the Comparing Hypertension Remote Monitoring Evaluation Redesign from the period August 1, 2023 through July 31, 2024. (100% Hospital Enterprise Fund I - CHARMED Grant) 24-1621 approved Page 14 of 27 14 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.50 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Red Gate Software Limited, a United Kingdom corporation, in an amount not to exceed $32,000 and a Redgate End User License Agreement, for the purchase of server analytics software for the period from April 13, 2024 through April 12, 2027. (100% Hospital Enterprise Fund I) 24-1622 approved C.51 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with R-Computer, Inc. in an amount not to exceed $160,000 for the period of June 17, 2024 through June 16, 2027, and a software license and maintenance agreement with Foxit Software Incorporated for the license of PDF editor software. (100% Hospital Enterprise Fund I) 24-1623 approved C.52 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Stanford Health Care (dba SHC Reference Laboratory), to include new transfusion services at Contra Costa Regional Medical Center and Health Centers with no change in the payment limit of $5,000 or term ending June 30, 2024. (100% Hospital Enterprise Fund I) 24-1624 approved C.53 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Center for Human Development, to increase the payment limit by $50,000 to an amount not to exceed $918,907 to provide additional community outreach, care coordination and Medi-Cal Navigator’s project services with no change in the term ending June 30, 2024. (71% Health Services Ambulatory Care; 24% Medi-Cal Administrative Activities; 5% American Rescue Plan Act funding) 24-1625 approved C.54 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Daniel Oberlin, M.D., Professional Corporation, in an amount not to exceed $750,000 to provide urologic oncology services for Contra Costa Regional Medical Center and Health Centers patients for the period May 1, 2024 through April 30, 2026. (100% Hospital Enterprise Fund I) 24-1626 approved Page 15 of 27 15 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.55 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with JMJ Healthcare Inc. (dba JMJ Home Health Services), to increase the payment limit by $50,000 to an amount not to exceed $250,000 to provide additional home health care services for Contra Costa Health Plan members and County recipients with no change in the term ending June 30, 2024. (100% Contra Costa Health Plan Enterprise Fund II) 24-1627 approved C.56 . APPROVE and AUTHORIZE the Health Services Director, or designee, to submit an application to the U.S. Department of Health and Human Services Administration for Children and Families Family and Youth Services Bureau, to pay County an amount not to exceed $250,000 for the Transitional Living Program for transitional housing support services for runaway and homeless transitional age youth in Contra Costa County for the period July 1, 2024 through June 30, 2025. (90% Federal, 10% County match) 24-1628 approved C.57 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sharon de Edwards, M.D., FACOG, in an amount not to exceed $900,000 to provide obstetrics and gynecology services for Contra Costa Health Plan members and County recipients for the period July 1, 2024 through June 30, 2027. (100% Contra Costa Health Plan Enterprise Fund II) 24-1629 approved C.58 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Excelsior Surgery Center LLC, in an amount not to exceed $900,000 to provide ambulatory surgery center services for Contra Costa Health Plan members and County recipients for the period July 1, 2024 through June 30, 2026. (100% Contra Costa Health Plan Enterprise Fund II) 24-1630 approved C.59 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Advanced Instruments Inc. (dba Bay Area Hearing Services), in an amount not to exceed $360,000 to provide audiology services for Contra Costa Health Plan members and County recipients for the period July 1, 2024 through June 30, 2027. (100% Contra Costa Health Plan Enterprise Fund II) 24-1631 approved Page 16 of 27 16 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.60 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with ATG – Rehab Specialists, Inc. (dba Numotion), in an amount not to exceed $225,000 to provide durable medical equipment and complex rehabilitation technology services for Contra Costa Health Plan members and County recipients for the period July 1, 2024 through June 30, 2027. (100% Contra Costa Health Plan Enterprise Fund II) 24-1632 approved C.61 . APPROVE and AUTHORIZE the Health Services Director, or designee, to accept a grant award from the U.S. Department of Health and Human Services, Health Resources & Services Administration, to pay the County an amount not to exceed $251,474 for the Ryan White, Part C, HIV Early Intervention Services to reduce the transmission of HIV, improve access to health care, and to enhance quality of life for those with HIV in West Contra Costa County for the period May 1, 2024 through April 30, 2025. (100% Federal, no County match) 24-1633 approved C.62 . APPROVE and AUTHORIZE the Health Services Director, or designee to execute on behalf of the County an amendment with the Department of Health Care Services, to update terms and conditions for continuation mental health services to Medi-Cal eligible residents with no change in the term July 1, 2022 through June 30, 2027. (100% State, no County match) 24-1634 approved C.63 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Panda Health, Inc., in an amount not to exceed $55,000 to provide a digital information technology supplier marketplace for the period June 4, 2024 through June 3, 2027. (100% Hospital Enterprise Fund I) 24-1635 approved C.64 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Vizient, Inc., to increase the payment limit by $375,000 to an amount not to exceed $874,040 for additional member network services for Contra Costa Regional Medical Center with no change in the term ending September 30, 2027. (100% Hospital Enterprise Fund I revenues) 24-1636 approved Page 17 of 27 17 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.65 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Becton Dickinson and Company, to increase the payment limit by $51,828 to an amount not to exceed $251,828 and to extend the term through February 13, 2031 for the purchase of a diagnostic instrument, reagent supplies, software, and maintenance services for Contra Costa Health’s Public Health Laboratory. (100% Public Health funds) 24-1637 approved C.66 . APPROVE and AUTHORIZE the Health Services Director, or designee to execute a contract with Loomis Armored US, LLC, in an amount not to exceed $110,000 for armored vehicle transportation services to transport cash, currencies, and other valuables to and from County-designated pickup locations to County depositories for the period August 1, 2023 through July 31, 2026. (100% Hospital Enterprise Fund I) 24-1638 approved C.67 . APPROVE the new medical staff, allied health, and tele-radiologist appointments and reappointments, additional privileges, medical staff advancement, and resignations as recommended by the Medical Staff Executive Committee at their May 20, 2024 meeting, and by the Health Services Director. (No fiscal impact) 24-1639 Attachments:May List approved C.68 . APPROVE the list of providers recommended by the Contra Costa Health Plan Medical Director and the Health Services Director, and 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) 24-1640 Attachments:May 9 2024 List approved C.69 . APPROVE reallocation of permanent supportive housing funds to be used exclusively for 2555 El Portal Drive, San Pablo, California, as recommended by the Health Services Director. (Cost neutral- Measure X funds) 24-1641 approved Page 18 of 27 18 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.70 . ACCEPT Award Extension from the California Department of Public Health, to extend the Federal Epidemiology and Laboratory Capacity (ELC) Enhancing Detection and ELC Expansion Funding through July 31, 2026 with no other changes to the grant terms and conditions. (100% Federal, no County match) 24-1642 approved Human Resources C.71 . ADOPT Position Adjustment Resolution No. 26257 to add two Elections Outreach Specialist positions in the Clerk-Recorder Department. (100% Measure X) 24-1643 Attachments:P300 26257 Add 2 Elections OR Spec Signed P300 26257.pdf approved Information and Technology C.72 . APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a purchase order with vPrimeTech, Inc. in amount not to exceed $330,000 to provide CoreView CoreSuite software, a Microsoft Office 365 licensing management software program, for the period of July 1, 2024, through June 30, 2027. (100% User Departments) 24-1644 approved C.73 . APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a purchase order with HaulAway Storage Containers in an amount not to exceed $5,000 for the lease of storage containers, subject to the terms of HaulAway’s rental contract, for the period of June 20, 2024, through June 29, 2025. (100% User Departments) 24-1645 approved C.74 . APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a purchase order with Tone Software Corporation in an amount not to exceed $10,000 for the renewal of mainframe output management software and automation tools, subject to Tone’s License Agreement terms and conditions, the period of July 1, 2024, through June 30, 2025. (100% User Departments) 24-1646 approved C.75 . APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a purchase order with AT&T Corp in an amount not exceed $237,000 for the purchase of Cisco networking equipment. (100% User Department) 24-1647 approved Page 19 of 27 19 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.76 . APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a purchase order, with AT&T Corporation in an amount not to exceed $250,000 for the purchase of mobility equipment and accessories, for the period of July 1, 2024, through June 30, 2025. (100% User Departments) 24-1648 approved Library C.77 . APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $18,900 from the County's Keller Canyon Mitigation Fund to provide decodable books and ten scholarships to the Hoot Literacy online reading tutoring program for the period August 1, 2024 through June 30, 2025. (No Library Fund match) 24-1649 approved C.78 . APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept California State Library grant funding in an amount not to exceed $275,000 to meet the operational and services expenses required by Project Second Chance, the Contra Costa County Library adult literacy program, to provide adult and family literacy services, including English as a Second Language services, for the period July 1, 2024 through June 30, 2025. (76% County Library Fund and 24% California State Library) 24-1650 approved C.79 . APPROVE and AUTHORIZE the County Librarian, or designee, to execute a Memorandum of Understanding with the City of Oakley to waive the user fee for the Library’s Project Second Chance Adult Literacy Program's usage of the City’s parks and facilities in Oakley for the period August 1, 2024 through July 31, 2025. (No fiscal impact) 24-1651 approved Public Works C.80 . ADOPT Resolution No. 2024-203 approving the Stormwater Management Facilities Operation and Maintenance Agreement for land use permit LP16-02031, for a project being developed by CP Logistics Willow Pass, LLC, as recommended by the Public Works Director, Bay Point area. (No fiscal impact) RES 2024-203 Attachments:Recordable Resolution OM Agreement LP16-2031 Resolution No. 2024-203.pdf adopted Page 20 of 27 20 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.81 . ADOPT Resolution No. 2024-204 approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD21-09573, for a project being developed by Civic Park Midhill, LLC, as recommended by the Public Works Director, Martinez area. (No fiscal impact) RES 2024-204 Attachments:Recordable Resolution OM Agreement SD21-9573 Resolution No. 2024_204.pdf adopted C.82 . ADOPT Resolution No. 2024-205 approving the Final Map and Subdivision Agreement for subdivision SD21-09573, for a project being developed by Civic Park Midhill, LLC, as recommended by the Public Works Director, Martinez area. (No fiscal impact) RES 2024-205 Attachments:Final Map Subdivision Agreement & Improvement Security Bond Tax Letter & Surety Bond adopted C.83 . ADOPT Resolution No. 2024-206 approving and authorizing the Public Works Director, or designee, to fully close a portion of Hawthorne Drive, between Laurel Court and Vaqueros Avenue, on June 28, 2024, from 8:00 a.m. through 4:00 p.m., and June 30, 2024, from 8:00 a.m. through 3:00 p.m., for the purpose of replacing two utility poles, Rodeo area. (No fiscal impact) RES 2024-206 adopted C.84 . ADOPT Resolution No. 2024-207 approving and authorizing the Public Works Director, or designee, to fully close all of Bermar Avenue, on June 8, 2024, from 11:00 a.m. through 3:00 p.m., for the purpose of hosting a community event about wildfire danger mitigation in the neighborhood, El Sobrante area. (No fiscal impact) RES 2024-207 adopted C.85 . ADOPT Resolution No. 2024-208 approving a list of projects for Fiscal Year 2024/2025 funded by the Road Repair and Accountability Act of 2017, as recommended by the Transportation, Water and Infrastructure Committee and DIRECT staff to submit the list of projects to the California Transportation Commission, as recommended by the Public Works Director, Countywide. (100% SB1 Road Maintenance and Rehabilitation Funds) RES 2024-208 Attachments:Recordable Resolution-RMRA Resolution No. 2024-208.pdf Resolution No. 2024_208.pdf adopted Page 21 of 27 21 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.86 . ADOPT Resolution No. 2024-209 approving the submission of a claim to the Metropolitan Transportation Commission (MTC) to seek Fiscal Year 2024/2025 Transportation Development Act funding in the amount of $1,100,000 for bicycle and pedestrian projects sponsored by the County and the Cities of Antioch, Brentwood, Clayton, Concord, Danville, Hercules, Lafayette, Martinez, Moraga, and Orinda, Countywide. (100% Transportation Development Act, Article 3 Funds) RES 2024-209 Attachments:Attachment A - TDA Project List 2024-2025 adopted C.87 . ADOPT Resolution No. 2024-210 granting a ten-year pipeline franchise renewal to Shore Terminals LLC pursuant to the terms and conditions of County Ordinance No. 2013-19 and County Resolution No. 2013/305 for pipelines located in the unincorporated area of the County near Crockett as recommended by the Public Works Director. (100% Pipeline Franchise Fees) RES 2024-210 Attachments:Exhibit 1 (2024) RELISTED to June 25, 2024. Relisted Motion:Andersen CarlsonSecond: C.88 . ADOPT Resolution No. 2024-211 approving and authorizing the Public Works Director, or designee, to fully close a portion of Bayview Avenue, between Rose Arbor Avenue and Bonita Road, on June 14, 2024, from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, San Pablo area. (No fiscal impact) RES 2024-211 adopted C.89 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a blanket purchase order with George Reed, Inc., in an amount not to exceed $3,000,000, for aggregate and rock products for the road Surface Treatment Program, for the period of June 4, 2024, through June 3, 2027, Countywide. (100% Local Road Funds) 24-1652 approved Page 22 of 27 22 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.90 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the County, a participating addendum with Inside Source, Inc., in an amount not to exceed $3,000,000, for the distribution of various furniture, design and installation services for use by all County Departments during the period of June 4, 2024 through October 23, 2025, under the terms of a Master Contract awarded by the CA Department of General Services and distributed through Sam Clar Office Furniture, Inc., Countywide. (100% User Departments) 24-1653 Attachments:Participating Addendum Modular Systems Furniture DGS Contract - Supplement_5_-_User_Instructions_71-52 approved C.91 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the County, a blanket purchase order amendment and participating addendum with Amazon.com Services, LLC., to extend the term through January 18, 2026, with no change to the payment limit for purchases from the online market place under the terms of a master contract awarded by Prince William County Public Schools, Countywide. (No fiscal impact) 24-1654 Attachments:OMNIA Amazon Business R-TC-17006- Full Contract_Redacted Amendment - Amazon Participating Addendum for 6 4 24 Board Date Contract_Renewal_-_R-TC-17006-R2_-_On-line_Marketplace_for_Pu rchases_of_Products_and_Services_-_AMAZON thru 1 18 2026 approved C.92 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the County, a blanket purchase order and participating addendum with W.W. Grainger, Inc., in an amount not to exceed $750,000 for the purchase of parts, equipment, and materials by County departments during the period from June 4, 2024, through December 31, 2024, under a contract available through the Omnia Partners Cooperative Program, Countywide. (100% User Departments) 24-1655 Attachments:Participating Addendum - Grainger 041524 approved C.93 . APPROVE and AUTHORIZE the Public Works Director, or designee, to submit grant applications to the State of California Department of Transportation and the Metropolitan Transportation Commission for Cycle 7 of the Active Transportation Program grant program, as recommended by the Transportation, Water and Infrastructure Committee, El Sobrante and North Richmond areas. (79% Federal Funds and 21% Local Road Funds) 24-1656 approved Page 23 of 27 23 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.94 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute the Agreement for Joint Pavement Maintenance Overlay between Contra Costa County and the City of Lafayette, effective June 4, 2024, to reimburse the City for costs related to the roadway overlay of Pleasant Hill Road in unincorporated Lafayette. (100% Local Road Funds) 24-1657 Attachments:2024 Joint Road Pavement Project Agreement - Lafayette - CCCounty approved C.95 . APPROVE the Oak Grove Center Project located at 1034 Oak Grove Road, Concord, and AUTHORIZE the Public Works Director, or designee, to advertise the Project. (16% Health Resources and Services Administration Federal Grant, 84% Measure X Funds) 24-1658 Attachments:CP#23-16 NOE Oak Grove County Crisis Hub (WH380A) - Final-signed SHPO Attachment approved C.96 . APPROVE the Port Chicago Highway Storm Drain Pipe and Sinkhole Repair Project and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Bay Point area. (59% Federal Emergency Relief Funds, 41% Local Road Funds) 24-1659 Attachments:NOE_Port Chicago Hwy Storm Drain Pipe-Sinkhole Repair approved Risk Management C.97 . APPROVE and AUTHORIZE the Director of Risk Management, or designee, to execute a contract amendment with BSI America Services, Inc. to increase the payment limit by $410,036 to a new total payment limit of $4,915,614 for additional occupational safety and health administration compliance services, with no change to the contract term through June 30, 2025. (40% Workers' Compensation Internal Service Fund, 60% User Departments) 24-1660 approved C.98 . APPROVE and AUTHORIZE the Director of Risk Management, or designee, to execute a contract with Milliman Inc . in an amount not to exceed $50,000 to provide actuarial services of self-funded workers’ compensation, general liability and medical malpractice programs for the period of July 1, 2024 through June 30, 2025. (100% Workers’ Compensation, General and Auto Liability, and Medical Malpractice Trust Funds) 24-1661 approved Page 24 of 27 24 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 C.99 . APPROVE and AUTHORIZE the Director of Risk Management, or designee, to execute a contract with Bickmore Actuarial to provide actuarial services of self-funded workers' compensation, general liability and medical malpractice programs in an amount not to exceed $45,000 for the period of July 1, 2024 through June 30, 2025. (100% Workers’ Compensation, General and Auto Liability, and Medical Malpractice Trust Funds) 24-1662 approved C.10 0. DENY claims filed by Enterprise Rent-a-Car, Jose Luis Garcia, Andrea Mendoza, Simone Munton, Arthur Richardson, Elvira Rodriguez, Florence E. Rosales, Hoha'a Tupou, and United Financial Casualty Company, a subrogee of Tim Mixon . 24-1663 approved Treasurer - Tax Collector C.10 1. APPROVE and AUTHORIZE the Treasurer-Tax Collector, or designee, to execute a two-year contract with auto-renewal for successive two-year periods between Contra Costa County and Bloomberg Finance L.P., beginning upon execution, with an initial annual payment of approximately $79,740, for use of Bloomberg’s financial system to access, monitor, and analyze real-time financial market data, and to facilitate financial transactions. (100% General Fund) 24-1664 approved C.10 2. APPROVE Budget Amendment No. BDA-24-00233 authorizing the transfer of $6,113 from the Treasurer Tax Collector (0015) to Plant Acquisition (0111) for requested modifications to designated space at the 1026 Escobar Street Administration Building. (100% General Fund) 24-1665 Attachments:BDA-24-00233.pdf approved Page 25 of 27 25 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 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 26 of 27 26 BOARD OF SUPERVISORS Meeting Minutes June 4, 2024 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: June 6, 2024 at 10:00 a.m. Canceled Equity Committee: June 17, 2024 at 10:30 a.m. Family and Human Services Committee: June 24, 2024 at 10:30 a.m. Finance Committee: July 1, 2024 at 9:30 a.m. Head Start Advisory Committee: July 15, 2024 at 9:00 a.m. Internal Operations Committee: June 10, 2024 at 11:00 a.m. Legislation Committee: June 24, 2024 at 1:00 p.m. Canceled/ Next meeting July 23, 2024 Los Medanos Healthcare Operations Committee: July 8, 2024 at 1:00 p.m. Public Protection Committee: July 1, 2024 at 1:00 p.m. Canceled/ Next meeting August 5, 2024 at 1:00 p.m. Sustainability Committee: July 15, 2024 at 1:00 p.m. Transportation, Water and Infrastructure Committee: June 10, 2024 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 27 of 27 27 1 Contra Costa County Plaques and Memorials Policy 1.0 PURPOSE The purpose of this policy is to provide a framework for assessing requests, installation , and ongoing maintenance and management of plaques and memorials in County public space. 2.0 POLICY The policy covers plaques and memorials on benches and picnic tables in County-owned public spaces, including within road right-of-way, parks, and open space lands, and areas adjacent to County-owned buildings. All new plaques and memorials will be required to conform to this policy. There may be existing plaques and memorials in the public space that predate this policy and should not be taken as a precedent for future approvals, nor should they necessarily be removed or modified for non -conformance. 3.0 BACKGROUND Public space is a significant part of the County’s social and cultural heritage and makes a valued recreational, environmental, and aesthetic contribution for people who live, work, and recreate in the County. Plaques and memorials provide recognition and can contribute to an understanding of people closely associated with this history. Any decision regarding plaques and memorials needs to consider the balance between the desire to commemorate individuals, the public and aesthetic value of the bench or picnic table to which the plaque is attached, the ongoing enjoyment of uncluttered, well maintained County public space, and all associated costs with establishing and maintaining Memorials, as well as maintaining County property for other County or public purposes . This policy will provide a consistent and standard procedure for assessing requests. 4.0 DEFINITIONS Within this policy, the following definitions apply: County Public Space – County property that is open or accessible to the public. County Public Space includes but may not be limited to: ▪ Public open space and lands, including parks, trails, natural areas, and landscaped grounds. ▪ Land reserve areas owned, occupied, or otherwise controlled by the County. ▪ Activity center locations within public space, including trails and footpaths, median strips, and public plazas. ▪ Road right-of-way areas, parking lots, and other transportation areas, including associated landscaped areas. Donation Term – The donation term for a memorial object or installation is the earlier of ten years, or the useful life of the memorial object, as determined by the Public Works Director. Memorial – A new bench or picnic table installed within a public space on which a Plaque is affixed. Plaque or Dedication – A flat tablet of metal inscribed to commemorate a deceased person who had a strong tie to Contra Costa County or a specific Contra Costa County community. A plaque may be affixed to an existing bench or picnic table located within a public space. 28 2 5.0 POLICY STATEMENT The County recognizes that dedications and memorials are important in recognizing and celebrating deceased persons closely associated with Contra Costa County or a specific community within Contra Costa County. Policy Objectives The County’s objectives under this Policy include : ▪ Providing an opportunity to recognize and celebrate deceased persons who have made positive contributions to the community. ▪ Protecting the intended purpose, environmental values, and aesthetic appearance of County public spaces. ▪ Encouraging installation of memorials that serve to fill a specific need or provide a utilitarian function at a particular County public space. ▪ Providing a clear and equitable framework to manage requests for plaques and memorials to be located within County public spaces. ▪ Ensuring risks are adequately considered in relation to plaques and memorials on County land. General Principles To protect the intended purpose and aesthetic appearance of County public space, the County selectively considers installation of plaques and memorials on benches and picnic tables owned by the County. Plaques and memorials will only be considered where they are consistent with the County’s strategic and design vision for the proposed location. The proposal must be consistent with relevant County strategies, master plans and the land’s public purpose, and must not result in a change of use of the land. The location or appearance of a plaque or memorial bench or picnic table must not negatively impact the aesthetic or environmental value, safe operation, or use of public space or right of way, nor on the use of the space by the community. The placement of any mementoes, e.g., flowers, statues, personal belongings, etc., in the vicinity of the memorial is prohibited. The Public Works Director or designee has sole discretion to approve or deny an application for a dedication or memorial consistent with this Policy. Unless otherwise authorized by County: ▪ All costs associated with the design, purchase, construction, installation and maintenance of plaques and memorials are to be paid by the person or organization making the request for the plaque or memorial bench or picnic table. ▪ Purchase and installation of any plaque or memorial must be undertaken by the County. ▪ Installed benches and picnic tables will become the property of the County. ▪ Maintenance of memorial plaques, benches, and picnic tables shall be undertaken by the County. ▪ Wording on plaques is subject to County approval. ▪ All requests will be considered in the order received . ▪ Only one dedication per bench and picnic table is allowed. ▪ Memorial benches and picnic tables are for public enjoyment and are not reserved for exclusive use of donors. ▪ Plaques and memorials placed in County public space without County approval will be removed. Reasonable efforts will be made to identify and contact the people responsible for placing the item to advise them of this policy and to return any removed items t o them. ▪ The County reserves the right to deny any plaques or memorials where it is determined they do not meet the criteria listed above. 29 3 The County does not guarantee to retain memorial plaques, benches, and picnic tables in a particular location through the donation term. If a bench or picnic table requires removal or relocation due to site safety, maintenance, or construction activities, the County will endeavor to contact the donor to identify one or more alternate site locations for relocation. At the end of the Donation Term, the County may contact the donor to determine if the donor wishes to renew an expiring memorial/dedication for an additional donation term. It is the donor's responsibility to notify the County of any change in contact information. Existing plaques and memorials Plaques and memorials that were established before the adoption of this policy will generally be retained in place for as long as practicable, subject to exceptions as listed above. Requests for new plaques and memorials on County -owned land or Right of Way The Public Works Director, or designee, will consider requests for new dedications to honor deceased individuals, including those from private individuals and community groups, for installation of plaques and memorials on land owned by the County. Plaques and memorial requests from individuals or groups will only be considered to commemorate a deceased individual who had a strong, positive tie to Contra Costa County or a specific Contra Costa County community. Memorialized individuals should be known to or revered by a substantial number of community residents . Inscriptions will not be permitted it they: o Detract from the image of the County; o May be considered discriminatory, derogatory, or offensive, including any inscriptions that discriminate on the basis of a protected class ; or o Exceed the space available on one plaque per object. 6.0 APPROVAL PROCESS Placement of plaques or memorials in a public space requires prior written approval from the County. Persons making initial inquiries regarding the installation of a plaque or memorial should be referred to this policy for direction regarding criteria applicable to the inquiry. For initial inquiries, please contact the Public Works Department, Special Districts Section at 925- 313-2000. New plaques installed by the County A. Applications must be in writing and submitted on a County-issued application form. The application should include, among other information, all relevant details including the proposed text as well as the preferred location for the plaque. B. Final approval for the design and layout, wording , and location of any proposed plaque rests with the Public Works Director or designee. The County will determine the type and style of benches and picnic tables to choose from and the style of memorial plaque and lettering. Requests for new plaques and memorials on County -owned land A. The Plaques and Memorials Application must be completed in full and demonstrate compliance with this policy. The application should include all relevant details including proposed text as well as the preferred location for the plaque or memorial. A list of current bench and picnic tables and potential locations is available upon request. B. Submit the completed application to the following location: 30 4 Public Works Department 255 Glacier Drive Martinez, CA 94553 Attention: Special Districts Manager C. Review of the application will be made by Public Works Department in accordance with the criteria in this policy. All costs associated with the purchase and installation of a plaque or memorial will be calculated by the Public Works Director, or designee, at the time an application is approved. Payment in advance is required. The cost will reflect the actual cost of the plaque or memorial (i.e., bench or table with inscribed plaque) and all staff costs to install the plaque or memorial, which may include the cost of any required concrete pad. D. Once an application is approved and the donor has paid costs associated with the donation, a reasonable installation schedule will be coordinated with the applicant but will be determined by the County. Schedules are subject to change. E. Inscriptions shall be limited to a maximum of three lines and 20 characters/spaces per line, and donors may choose to include verbiage such as “In memory of _________” or “Dedicated to _________.” The County will approve all text for plaques. Replacements The County will replace plaques and memorials that are damaged beyond repair due to vandalism. Plaques and memorials that are damaged repeatedly may not be replaced. 31 CONTRA COSTA COUNTY DATE: March 6, 2024 TO: Clerk of the Board FROM: Department of Conservation & Development By: Conrad Fromme, Senior Building Inspector 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: Surges Charles W. POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: July 8, 2023 ABATEMENT COMPLETED DATE: August 23, 2023 SITE ADDRESS: 460 Memory Ln., Oakley, CA 94561 APN#: 018-280-006 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 (10 x $100 @) $ .00 Recording Fee $ 17.00 PIRT (Title Search) $ 175.00 Certified Letter & Regular Mailings $ 24.40 Photos $ 10.00 Contractor hired for abatement $ 1,950.00 Final Site Inspection to Confirm Compliance 200.00 Compliance Report and Board Hearing $ 200.00 Total $ 3,626.40 Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553. 32 460 Memory Ln., Oakley, CA 94561 Before Photos 33 34 35 460 Memory Ln., Oakley, CA 94561 After Photos 36 37 38 Energy Code Compliance Margins for Proposed Building Energy Building Code Amendment 1 Energy Design Rating (EDR) - Rates the building energy efficiency based on hourly source energy use for the home measured in kBtu/ft2-yr. It includes energy use for the building envelope, indoor air quality (IAQ), HVAC, water heating and unregulated loads. The metric approximates the building’s greenhouse gas (GHG) emissions to support California’s GHG reduction goals. 2 Time Dependent Valuation (TDV) - Is a metric constructed from a long-term forecast of hourly electricity, natural gas, and propane costs to building owners consistent with the latest California Energy Commission (CEC) forecasts and outlook for California’s energy sectors. It includes energy use for the building envelope, indoor air quality (IAQ), HVAC, water heating and unregulated loads. This also include PV, battery storage and precooling, when added. Building Type Climate Zone 3, West County EDR1/TDV2 Margin Climate Zone 12, Central and East County EDR1/TDV2 Margin Cost-effective Design Options Single-Family Homes1 9 11 Install second heat pump system, or install battery storage and additional solar. Accessory Dwelling Units (ADUs)1 Not yet proven cost-effective. No change recommended. 6.6 Only for Climate Zone 12, Install second heat pump system, or install battery storage and additional solar. Low-rise Multifamily (up to 3 habitable stories)2 10% 11% More heat pump system(s), or install battery storage and/or additional solar. High-rise Multifamily Residential (4 or more habitable stories)2 4% 4% Would need additional solar above current code requirement(s). Non-residential (Office, Retail, and Hotel)2 5% 4% Would need additional solar above current code requirement(s). Exhibit A 39 Proposed Energy Code Amendment to Reduce Greenhouse Gas Emissions from New Buildings Board of Supervisors June 4, 2024 Demian Hardman-Saldana Department of Conservation and Development Contra Costa County 925-655-2816 · Demian.Hardman@dcd.cccounty.us 1 40 Today’s Presentation Background Staff Research and Sustainability Committee Recommendation Title 24 Part 6 - Energy Code Basics Proposed Energy Code Amendment Cost Effectiveness 2 41 Background •Contra Costa County to consider adopting the 2024 Climate Action Plan (CAP) update in Fall 2024. •The plan will establish targets for reducing greenhouse gas (GHG) emissions through 2045. •Buildings responsible for ~30% of County’s GHG emissions making them critical to achieving CAP reduction targets. Agriculture4% Off-Road Equipment5% Water and Wastewater1%BART 1% Transportation46% Residential Energy 19%Nonresidential Energy 11% Solid Waste22% CONTRA COSTA COUNTY GHG EMISSIONS BY SECTOR - 2019 3 42 County’s All-Electric Ordinance for New Construction & Recent Decision Impacting Ordinance County’s All-Electric Ordinance Adopted January 18, 2022, with operative date of June 1, 2022, amended the 2019 & 2022 California Energy Codes to require new construction to be All-Electric for residential buildings, hotels, offices and retail buildings. California Restaurant Association v. City of Berkeley Berkeley’s ordinance requiring all-electric new construction invalidated Pre-empted by federal Energy Policy and Conservation act of 1975 (EPCA) Action by Board of Supervisors on February 27, 2024 Suspended enforcement of Ordinance 2022-02 requiring most new construction to be all-electric. The BOS directed staff to look into other approaches to replace the suspended ordinance. Sustainability Committee On March 19, 2024, staff received instruction from Committee to explore and identify alternatives to replace the County’s all-electric ordinance (2022-02). On May 20, 2024, staff recommended to Committee proposed new Energy Code Amendment to Reduce Greenhouse Gas Emissions from New Buildings 4 43 Staff Research and Committee Recommendation Staff met with other jurisdictions and energy code experts (Sacramento, San Jose, San Luis Obispo) to learn how they are approaching building decarbonization Staff attended Workshop with Building Official of Los Altos Hills, and staff from City of Santa Cruz Two approaches identified: 1. Amend the energy code to require higher energy compliance margins (City of San Luis Obispo and City of Santa Cruz), and/or 2. Amend CALGreen Building Standards to require zero NOx emission equipment for new construction (Los Altos Hills) Sustainability Committee recommends ordinance amending County building code to require higher energy efficiency standard than State 5 44 California Title 24 Part 6 Energy Code Basics California Energy Code can be utilized by local governments to help reduce greenhouse gas (GHG) emissions by regulating the way energy is used in buildings. Definitions •Reach Code: Local amendments to energy standards for new buildings that are more stringent than Statewide requirements. •Source Energy: In buildings, source energy represents the underlying fuel sources used to power building systems and equipment. Examples include: •Electricity •Natural Gas •Solar •Propane 6 45 Building Code Climate Zones (CZ) for Contra Costa County 12 3 7 46 Energy Code Scoring Systems for New Single- Family and Non-Residential Buildings Energy Design Rating (EDR) Score for Single- Family homes and Accessory Dwelling Units. More stringent (or more energy efficient) Energy Code would require a lower EDR score. Energy performance calculations are required for Non-Residential Buildings (this includes multi-family buildings and all other non- residential buildings). A more stringent (or more energy efficient) Energy Code would require the building perform a certain percentage (%) lower than the current building energy code standard requirements. 8 47 Energy Code Scoring System for Single Family and Accessory Dwelling Units •Requires an Energy Design Rating (EDR) score for each home. Scoring is 0-100. A zero score is a building that has zero net energy consumption; a lower score is better. A score of 100 would meet the 2006 International Energy Conservation Code. •Recommend an EDR score lower than State standard for all new single-family homes and only in Zone 12 for Accessory Dwelling Units. Source: California Energy Commission 9 48 Energy Code Scoring System for Non- Residential Buildings •Non-residential buildings use a complex modeling software approved by the California Energy Commission to determine energy code compliance. The energy modeling uses a Time Depend Valuation (TDV) approach. •Staff recommends an energy efficiency performance that is a certain percentage (%) lower than the current State standard for each Climate Zone.Source: California Energy Commission 10 49 Proposed More Energy Efficient Energy Code Compliance Margins Building Type Climate Zone 3, West County EDR1/TDV2 Margin Climate Zone 12, Central and East County EDR1/TDV2 Margin Cost-effective Design Options Single-Family Homes1 9 11 Install second heat pump system, or install battery storage and additional solar. Accessory Dwelling Units (ADUs)1 Not yet proven cost- effective. No change recommended.6.6 Only for Climate Zone 12, Install second heat pump system, or install battery storage and additional solar. Low-rise Multifamily (up to 3 habitable stories)2 10%11%More heat pump system(s), or install battery storage and/or additional solar High-rise Multifamily Residential (4 or more habitable stories)2 4%4%Would need additional solar above current code requirement(s). Non-residential (Office, Retail, and Hotel)2 5%4%Would need additional solar above current code requirement(s). 1 Energy Design Rating (EDR)-Rates the building energy efficiency based on hourly source energy use for the home measured in kBtu/ft2-yr. It includes energy use for the building envelope, indoor air quality (IAQ), HVAC, water heating and unregulated loads. The metric approximates the building’s greenhouse gas (GHG) emissions to support California’s GHG reduction goals. 2 Time Dependent Valuation (TDV)-Is a metric constructed from a long-term forecast of hourly electricity, natural gas, and propane costs to building owners consistent with the latest California Energy Commission (CEC) forecasts and outlook for California’s energy sectors. It includes energy use for the building envelope, indoor air quality (IAQ), HVAC, water heating and unregulated loads. This also include PV, battery storage and precooling, when added. 11 50 Cost-Effectiveness •The County is required to illustrate cost- effectiveness and energy savings •Cost-Effectiveness Studies are developed by the State for use by local jurisdictions •The proposed amendments to the County’s energy code meet the State requirements. 12 51 Recommendations and Next Steps CONSIDER authorizing the Department of Conservation and Development to prepare an ordinance amending the County building code to increase energy efficiency standards for newly constructed residential buildings, offices, hotels, and retail buildings to meet the County’s Climate Action Plan goals, and provide related direction to staff, as recommended by the Sustainability Committee. Staff proposes to bring draft ordinance back to Board in approximately September 2024 with proposed operative date of January 1, 2025, to meet Draft 2024 Climate Action Plan and General Plan timeline. 13 52 Questions? Contact: Demian Hardman-Saldana Principal Planner demian.hardman@dcd.cccounty.us P: 925-655-2816 14 53 Contra Costa County Zoning Update Report Public Draft | May 2024 54 55 ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE www.placeworks.com Prepared For: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Prepared in Collaboration With: PlaceWorks 2040 Bancroft Way, Suite 400 Berkeley, California 94704 t 510.848.3815 Public Draft | May 2024 Contra Costa County Zoning Update Report 56 57 CONTRA COSTA COUNTY ZONING UPDATE REPORT Contra Costa County - Zoning Update Report –May 2024 i TABLE OF CONTENTS Introduction and Background ............................................................................. 1 Report Objectives, Principles, and Approach ........................................................... 1 Zoning 101 .................................................................................................................... 3 Input to Date ............................................................................................................... 10 Summary of Key Recommendations ....................................................................... 11 Issues and Recommendations by Review Topic .............................................. 13 1. Code Accessibility ................................................................................................... 13 2. Administrative Procedures ................................................................................... 26 3. Land Use Regulations ............................................................................................ 36 4. Zoning Districts and Development Standards ................................................... 42 Appendices Appendix A – Zoning Code Updates by Phase .................................................. 50 Appendix B – Key User Survey Results ............................................................. 51 58 Table of Contents ii Contra Costa County - Zoning Update Report –May 2024 Figures Figure 1 – Current County Zoning Map ........................................................................................ 5 Figure 2 – Sample Excerpt of Current County Zoning Code, Chapter 84-52 ........................... 7 Figure 3 – Collection of Example Images and Diagrams from the San Joaquin County Municipal Code ....................................................................................................... 24 Figure 4 –San Joaquin County Development Standards for Commercial Zones Example ... 25 Figure 5 –City of Berkeley Review and Decision-Making Authority Matrix Example ............. 30 Figure 6 – County Use Regulations for General Commercial (C) Zoning District (84-54.4) ... 37 Figure 7 – County Use Regulations for Heavy Industrial (H-I) Zoning District (84-62.4) ........ 38 Figure 8 – Excerpt from Sacramento County Allowed Uses Table Example .......................... 39 Figure 9 – Los Angeles County Residential Use Table Example ............................................... 40 Figure 10 – Impacted Communities Map ................................................................................... 45 Figure 11 - Butte County Parking Lot Landscaping Standards Example ................................ 46 Tables Table 1 – Current Zoning Code Organization ............................................................................ 14 Table 2 – Potential Zoning Code Reorganization ...................................................................... 18 Table 3 – Existing County Planning Permit Types ..................................................................... 27 Table 4 – Initial Proposal for New Permit Hierarchy – County Planning Permit Types ......... 32 Table 5 – Development Standards Preliminary Recommendations ....................................... 47 59 CONTRA COSTA COUNTY ZONING UPDATE REPORT Contra Costa County - Zoning Update Report –May 2024 1 INTRODUCTION AND BACKGROUND Introduction and Background Report Objectives, Principles, and Approach Building on the foundation of our 2045 General Plan, the Envision Contra Costa 2040 Project continues its transformative work with a comprehensive update to the County Zoning Code (Code). This will be the first comprehensive update of the County’s Zoning Code (Title 8 - Ordinance 382) since its initial adoption by the Contra Costa County Board of Supervisors in 1947. The County has changed in many ways over the past eight decades. Over time, the County's Zoning Code has undergone various updates. While these updates addressed evolving needs, they also resulted in inconsistencies that will benefit from this comprehensive update. The comprehensive Code update will ensure seamless alignment with our shared vision in the 2045 General Plan, providing a clear, intuitive, and forward- thinking framework for environmental justice, community health, economic development, and sustainability. It will empower our communities and guide us in achieving sustainable, vibrant growth for generations to come. The comprehensive Code update will focus primarily on Title 8 (Zoning) with associated amendments to Titles 2 (Administration) and 9 (Subdivisions). We recognize that these titles are frequently referenced by County staff and the public alike. Therefore, our goal is to create a user-friendly Code that will make it easier for all stakeholders to navigate and understand the development regulations in our community. The Zoning Update Report (ZUR) is the initial step in identifying existing issues and recommending revisions and improvements. Appendix A of this ZUR contains a comprehensive list of update items identified by County staff. This list represents the current scope of the update and may evolve during the review process. These items are categorized into three phases: Phase I, Phase II, and Phase III. Additionally, there is a separate category for other ongoing Zoning Code changes not part of the comprehensive Code update. Each category is defined as follows: • Phase I: All actions identified in the County’s recently adopted Housing Element Update that call for a Code update by January 31, 2024. The Board of Supervisors adopted these actions on January 16, 2024. 60 Introduction and Background 2 Contra Costa County - Zoning Update Report –May 2024 • Phase II: Updates that will be completed as part of the comprehensive Code update effort, including substantial changes to Title 8 (Zoning) as well as targeted updates to Title 2 (Administration) and Title 9 (Subdivisions). • Phase III: Larger updates that could be considered separate projects. Many of these updates would begin concurrently with Phase II updates but are expected to require more time or effort. Phase III includes items like new ordinances for regulatory issues, such as environmental justice and air quality. It will also include creating materials to help disseminate and explain the updated Zoning Code. • Separate From the Comprehensive Code Update: These are projects that are already in progress or are not considered as part of the comprehensive Code update. This report largely focuses on the major updates that will be considered during Phase II. The recommendations outlined here are based on input gained from interviews and discussions with County staff, a stakeholder survey, and document reviews of the current Code, Draft Contra Costa County 2045 General Plan, adopted Housing Element, and applicable provisions of State law, as well as research of best practices from other jurisdictions. Recommendations are organized by the following topics: (1) Code Accessibility, (2) Administrative Procedures, (3) Land Use Regulations, and (4) Zoning Districts and Development Standards. This ZUR and future comprehensive Code update are driven by the following core principles designed to support the County's long-term vision and goals: Align regulations and procedures with the Contra Costa County 2045 General Plan goals, policies, and actions. Ensure that the Code is accessible and easy to use. Establish a clear and transparent planning review process that enables fair, predictable review, protection of the public interest, and effective public involvement, as appropriate. Support zoning regulations that reflect existing development patterns or provide visionary regulations where appropriate. 61 Introduction and Background Contra Costa County - Zoning Update Report –May 2024 3 Zoning 101 WHAT IS ZONING? Zoning regulations are conveyed through two main components: the Zoning Map (Figure 1) and Zoning Code (see excerpt in Figure 2). The Zoning Map is a visual representation of how land in a jurisdiction is divided into different zoning districts. Zoning district designations are different for each jurisdiction but typically cover residential, commercial, office, industrial, public, agricultural, and open space uses. The County’s current Zoning Map includes 37 base zoning districts; the Zoning Code presents a specific set of rules and regulations for what can or cannot be done on a property within each district. For example, the Zoning Code may set limits on building height or size, require building setbacks, or specify what uses are allowed or what type of permit is required to develop each use. Zoning has historically been used, namely through exclusionary zoning practices, to perpetuate segregation and racial inequities. However, zoning is a dynamic tool that can also be wielded to promote equity and inclusion. By carefully examining existing zoning districts and regulations, we can identify areas where change is needed to undo past harms. When used thoughtfully, zoning can support the creation of diverse, vibrant, and inclusive communities. With this in mind, the zoning districts depicted on the Zoning Map and the regulations within the Zoning Code have a profound impact on the overall character and accessibility of new development. Therefore, zoning is a powerful tool for implementing the goals of the 2045 General Plan related to equity, allowing us to shape communities that are inclusive, thriving, and just. 62 Introduction and Background 4 Contra Costa County - Zoning Update Report –May 2024 This page intentionally left blank. 63 Introduction and Background Contra Costa County - Zoning Update Report –May 2024 5 FIGURE 1 – CURRENT COUNTY ZONING MAP (CCMAP.CCCOUNTY.US) 64 Introduction and Background 6 Contra Costa County - Zoning Update Report –May 2024 This page intentionally left blank. 65 Introduction and Background Contra Costa County - Zoning Update Report –May 2024 7 FIGURE 2 – SAMPLE EXCERPT OF CURRENT COUNTY ZONING CODE, CHAPTER 84-52 (CONTRACOSTA.CA.GOV/4736) 66 Introduction and Background 8 Contra Costa County - Zoning Update Report –May 2024 ZONING AND THE GENERAL PLAN State law requires each City and County in California to prepare and maintain a General Plan. This document serves as a jurisdiction’s ”constitution” or “blueprint” for future growth, typically for a 20-year period. The General Plan outlines a vision for the future, along with policies and implementation measures to achieve that vision. State law further prescribes eight topics or “elements” to be addressed: land use, housing, open space, circulation, conservation, safety, noise, and environmental justice. The County is currently updating its General Plan to plan through the year 2045. The Contra Costa County 2045 General Plan will outline County goals, such as balancing physical growth with conservation, and will contain policies and actions that respond to current concerns about sustainability, environmental justice, economic development, and community health. The County’s Housing Element was also recently updated on a separate but parallel track as the General Plan. The schedule for updating the Housing Element is specifically prescribed by the State. Housing Elements establish policies and actions to meet a community’s anticipated housing needs over the next eight years. The County’s updated Housing Element includes housing policies and actions to preserve existing homes and increase housing production and identifies locations that can accommodate future housing. The Housing Element was adopted by the County Board of Supervisors on December 12, 2023. The County’s General Plan, including the Housing Element, guides decisions about zoning, development, public services, transportation improvements, and other land use or regulatory matters. By law, the Zoning Code must be consistent with the most recent General Plan and Housing Element. Both documents include actions that call for specific changes to the Code, and these actions are a significant focus of the comprehensive Zoning Code update. Contra Costa County 2045 General Plan Public Draft Contra Costa County 2023-2031 Housing Element 67 Introduction and Background Contra Costa County - Zoning Update Report –May 2024 9 ZONING FOR HOUSING Zoning has a direct impact on the production of housing, since it regulates how housing can be developed. California, like much of the country, is currently in a housing crisis; there is not enough housing produced to keep up with demand and the available housing is often not affordable to those seeking housing. Between 2010 and 2016, only 0.74 units were produced for every household formed in the state. The result of this underproduction can be felt throughout the state through high housing prices and the rising level of homelessness. Today, the average price for a home in California is $786,180,1 with many areas exceeding $1 million. Median rent for a two-bedroom apartment or condo is $2,332.2 In 2023, the United States Department of Housing and Urban Development (HUD) reported3 that there were over 180,000 unhoused Californians, which is 28 percent of the nation’s total homeless population. While the housing market is complex and affected by many players and components, one key factor affecting housing production and affordability is restrictive local land use regulations such as those found in zoning codes. For instance, minimum parking regulations, the prohibition of missing middle units in single-family residential areas, or high impact fees that are charged per unit instead of per square foot can create barriers to the production of high-density, multi-family, and affordable housing. Since 2017, California state legislators have passed over 100 new laws aimed at addressing the State’s housing affordability crisis from multiple angles. A number of these laws replace local zoning provisions with State requirements. For example, Assembly Bill (AB) 2097, codified as Section 65863.2, prohibits the County from applying minimum parking requirements for many types of new development on sites located within a half mile of a major transit stop. State laws also direct that accessory dwelling units (ADUs) must be reviewed ministerially and prohibit the County from imposing maximum lot coverage standards, setback standards, minimum lot sizes, or other standards that would prevent a property owner from building an ADU. Other recent State laws are changing the longstanding relationship between General Plan land use designations and zoning districts. Specifically, California Government Code Section 65589.5(j)(4), part of the Housing Accountability Act, “requires a city to defer to its general plan's density requirements whether a property's zoning is consistent or inconsistent with the general plan.” Taken altogether, these changes diminish the impact of zoning as a tool to regulate development, especially in cases where an applicant can argue that the General Plan and Zoning Code are inconsistent. 68 Introduction and Background 10 Contra Costa County - Zoning Update Report –May 2024 Input to Date This report was informed by input from County staff and key stakeholders. Staff engagement began in 2019 with internal discussions and a staff survey on potential Code improvements. In August 2023, the County’s consultant, PlaceWorks, interviewed key County staff members who regularly use the Code, including Planning Technicians, Planners, the Permit Center Manager, and Deputy County Counsel. The interviews allowed PlaceWorks to gain first-hand input from staff about what they think currently works and does not work in the Zoning Code and suggestions for how the Code should be updated to improve customer service and internal processes. In the intervening years, County staff and PlaceWorks maintained an ongoing list of Code fixes identified by staff and community members through regular Permit Center operations and through the General Plan Update process, which included extensive community outreach and engagement between 2019 and 2024. During that time, we held or participated in over 130 public and community-organized meetings to discuss the General Plan and zoning with residents, community advocates, stakeholders, and public officials, including: • Meetings of the Board of Supervisors, Planning Commission, Sustainability Commission, Library Commission, Hazardous Materials Commission, Arts and Culture Commission, Sustainability Committee, Historic Landmarks Advisory Committee, Aviation Advisory Committee, and all 13 Municipal Advisory Councils. 1 https://www.zillow.com/home-values/9/ca/ 2 https://www.zillow.com/rental-manager/market-trends/ca/?propertyTypes=apartment-condo&bedrooms=2 3 https://files.hudexchange.info/reports/published/CoC_PopSub_State_CA_2023.pdf Community members discuss General Plan and zoning changes for their community. 69 Introduction and Background Contra Costa County - Zoning Update Report –May 2024 11 • Almost 50 community meetings, workshops, and open houses held across the county. • Stakeholder meetings on environmental justice, community health, sustainability, and economic development. • Native American tribal consultations. • Over 25 meetings with various community-based organizations representing a wide range of interests in the county. In addition, throughout the General Plan Update process, the Envision Contra Costa website (www.envisioncontracosta2040.org) provided information about upcoming meetings, access to draft documents, and online tools that community members used to share their thoughts. Input and direction from the public and County officials resulted in many General Plan actions calling for specific changes to the Code. See the full list of Code changes identified through regular Permit Center operations and the General Plan Update process in Appendix A. County staff also identified a group of “expert users” made up of applicants and property owners familiar with the Code and the County’s regulations and processes. The group of expert users was invited by staff via email to participate in an online survey from September through October 2023. A total of nine individuals participated. The survey included questions about the ease or difficulty of existing Code sections; participant experiences with the current Code; personal examples of when participants were unable to obtain a clear answer about a specific use or zoning regulation because the information was not clearly outlined; and examples of codes from other jurisdictions that respondents have found easy to understand. The full survey results are attached as Appendix B. Summary of Key Recommendations The following is a list of key recommendations discussed in further detail throughout this report. • Code Accessibility Recommendations:  Reorganize Code divisions and chapters  Use plain language and remove outdated or unnecessary terms  Incorporate tables, matrices, and lists  Illustrate standards with images and diagrams 70 Introduction and Background 12 Contra Costa County - Zoning Update Report –May 2024 • Administrative Procedures Recommendations:  Clarify administrative procedures  Establish a new Minor Use Permit  Right-size permit requirements • Land Use Regulations Recommendations:  Apply use tables  Reflect comprehensive and contemporary land uses • Zoning Districts and Development Standards Recommendations:  Update districts to be consistent with the General Plan  Apply clear development standards  Incorporate flexible and modern standards 71 CONTRA COSTA COUNTY ZONING UPDATE REPORT 13 Contra Costa County - Zoning Update Report –May 2024 ISSUES AND RECOMMENDATIONS BY REVIEW TOPIC Issues and Recommendations by Review Topic 1. Code Accessibility CONTEXT “Code accessibility” refers to the organization, format, and usability of the Code. Accessibility and ease of use were identified as primary issues with the existing Code. Many staff and key users note that the Code is difficult to navigate because it is not organized intuitively. The current Zoning Code is made up of 11 divisions that are further organized into 115 chapters (outlined in Table 1 below). Based on staff feedback, the divisions most frequently used include Division 82 (General Regulations), Division 84 (Land Use Districts), Division 88 (Special Land Uses), and Division 816 (Trees). Throughout Title 8 (Zoning) there does not appear to be a logical or consistent order for divisions or chapters. For example, within Division 84 (Land Use Districts), regulations for combining districts are interspersed between chapters for unrelated base districts. Users also expressed confusion about where regulations for specific use types could be found. Currently, Division 82 (General Regulations) and Division 88 (Special Land Uses) both contain regulations for specific use types with a seemingly arbitrary organization of uses. For instance, regulations for dog keeping and childcare facilities are found in Division 82, whereas signs and cemeteries are in Division 88. Additionally, the Code’s designated definitions chapter (82-4) is not comprehensive, and permit requirements are spread between Title 2 (Administration) and Title 8 (Zoning). Under the current Code, users often need to reference multiple chapters or sections. If a property owner or developer would like to look up regulations for new construction or a residential addition in a single-family residential zoning district, such as R-10, they need to reference Chapter 84-8 (R-10 Single-Family Residential District), which also refers to Chapter 84-4 (R-6 Single-Family Residential District) for allowed uses and development standards, as well as potentially Chapter 82-12 (Setbacks), Chapter 82-14 (Yards), and Chapter 82-16 (Off- Street Parking). This can prove to be difficult for general users to navigate. 72 Issues and Recommendations by Review Topic 14 Contra Costa County - Zoning Update Report –May 2024 Another major consideration when reviewing Code accessibility is how easy it is for staff and the public to understand and interpret the information provided in the Code. Stakeholders expressed concerns about an over-reliance on text that uses outdated terms, such as “eleemosynary” or “chattels,” and confusing and interchangeable language, like “primary” and “secondary” frontage setbacks or “setback” versus “yard.” They also felt that some Code sections were longer than necessary, and noted an overall lack of tables, matrices, and graphics that would help users understand the information. TABLE 1 – CURRENT ZONING CODE ORGANIZATION (CONTRACOSTA.CA.GOV/4736) TITLE 8 - ZONING Division 82 – GENERAL REGULATIONS Chapter 82-1 65/35 Land Preservation Plan Chapter 82-2 General Provisions Chapter 82-4 Definitions Chapter 82-6 Land Use Permits Chapter 82-8 Nonconforming Uses Chapter 82-10 Lots Chapter 82-12 Setbacks Chapter 82-14 Yards Chapter 82-16 Off-Street Parking Chapter 82-18 Sight Obstructions at Intersections Chapter 82-20 Dog Keeping Chapter 82-22 Child Care Facilities Chapter 82-24 Accessory Dwelling Units Chapter 82-26 Water Efficient Landscapes Chapter 82-28 Floodplain Management Chapter 82-30 Dual Water Systems Chapter 82-32 Transportation Demand Management Chapter 82-34 Cabarets Chapter 82-36 Sale of Firearms Chapter 82-38 Alcoholic Beverages Sales Commercial Activities Chapter 82-40 Home Occupations Chapter 82-44 Temporary Events Chapter 82-46 Emergency Shelters Chapter 82-48 Single Room Occupancy (SRO) Facilities Chapter 82-50 Urban Farm Animals Chapter 82-52 Farmworker Housing Division 84 – LAND USE DISTRICTS Chapter 84-2 General Provisions 73 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 15 TITLE 8 - ZONING Chapter 84-4 R-6 Single-Family Residential District Chapter 84-6 R-7 Single-Family Residential District Chapter 84-8 R-10 Single-Family Residential District Chapter 84-10 R-12 Single-Family Residential District Chapter 84-12 R-15 Single-Family Residential District Chapter 84-14 R-20 Single-Family Residential District Chapter 84-16 R-40 Single-Family Residential District Chapter 84-18 R-65 Single-Family Residential District Chapter 84-20 R-100 Single-Family Residential District Chapter 84-22 D-1 Two-Family Residential District Chapter 84-26 M-29 Multiple Family Residential District Chapter 84-28 M-17 Multiple Family Residential District Chapter 84-29 M-29 Multiple Family Residential District Chapter 84-30 M-9 Multiple Family Residential District Chapter 84-31 M-6 Multiple Family Residential District Chapter 84-32 F-R Forestry Recreation District Chapter 84-34 F-1 Water Recreational District Chapter 84-38 A-2 General Agricultural District Chapter 84-40 A-3 Heavy Agricultural District Chapter 84-42 A-4 Agricultural Preserve District Chapter 84-44 O-1 Limited Office District Chapter 84-46 A-O Administrative Office District Chapter 84-48 Interchange Transitional District Chapter 84-49 C-B Community Business District A Chapter 84-50 N-B Neighborhood Business District Chapter 84-52 R-B Retail Business District Chapter 84-54 C General Commercial District Chapter 84-56 C-M Controlled Manufacturing District Chapter 84-58 L-I Light Industrial District Chapter 84-60 W-3 Controlled Heavy Industrial District Chapter 84-62 H-I Heavy Industrial District Chapter 84-63 Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material Chapter 84-64 U Unrestricted District Chapter 84-66 P-1 Planned Unit District Chapter 84-68 T-1 Mobile Home/Manufactured Home Park District Chapter 84-70 B Design Control Combining District Chapter 84-72 -T Transitional Combining District 74 Issues and Recommendations by Review Topic 16 Contra Costa County - Zoning Update Report –May 2024 TITLE 8 - ZONING Chapter 84-74 -K Kensington Combining District Chapter 84-76 Flood Hazard (-FH) Combining District Chapter 84-78 Boat Storage (-BS) Combining District Chapter 84-79 Urban Farm Animal Exclusion (-UE) Combining District Chapter 84-80 A-20 Exclusive Agricultural District Chapter 84-82 A-40 Exclusive Agricultural District Chapter 84-84 A-80 Exclusive Agricultural District Chapter 84-86 Cannabis Exclusion (-CE) Combining District Chapter 84-88 Solar Energy Generation (-SG) Combining District Chapter 84-90 Crockett-Carquinez Fire Protection District and Contra Costa County Fire Protection District Division 86 – AIRPORTS Chapter 86-2 Airport Establishment Chapter 86-4 Airport Zoning Division 88 – SPECIAL LAND USES Chapter 88-2 Cemeteries Chapter 88-3 Wind Energy Conversion Systems Chapter 88-4 Junkyards Chapter 88-6 Signs Chapter 88-11 Surface Mining and Reclamation Chapter 88-12 Adult Entertainment Businesses Chapter 88-14 Oil and Gas Drilling and Production Chapter 88-16 Take-Out Food Establishments Chapter 88-18 Offsite Vessel Advertising Chapter 88-20 Agricultural Farm Stands and Farm Markets Chapter 88-22 Meteorological Towers Chapter 88-24 Wireless Telecommunication Facilities Chapter 88-26 Tobacco Retailing Businesses Chapter 88-28 Cannabis Regulation Chapter 88-30 Solar Energy Facilities Chapter 88-32 Short-Term Rentals Chapter 88-34 Industrial Hemp Cultivation Chapter 88-36 Two-Unit Residential Developments in Single-Family Residential Zones Division 810 – AGRICULTURAL LAND CONSERVATION Chapter 810-2 Agricultural Preserves Chapter 810-4 Land Conservation Contracts Division 812 – SCHOOL FACILITY DEDICATIONS Chapter 812-2 General Provisions 75 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 17 TITLE 8 - ZONING Chapter 812-4 Definitions Chapter 812-6 Overcrowded Attendance Areas Chapter 812-8 Requirements Chapter 812-10 Standards For Land and Fees Chapter 812-12 Procedures Chapter 812-14 Use And Limits Division 814 - SLOPE AND HILLSIDE DEVELOPMENT Chapter 814-2 SD-1 Slope Density and Hillside Development Combining District Division 816 - TREES Chapter 816-2 TOV Tree Obstruction of Views Combining District Chapter 816-4 Heritage Tree Preservation (HTP) District Chapter 816-6 Tree Protection and Preservation Division 818 - COMMUNITY FACILITY FEES Chapter 818-2 Fire Protection Facilities Division 820 - RIGHT TO FARM Chapter 820-2 General Chapter 820-4 Nuisance Chapter 820-6 Disclosure Chapter 820-8 Resolution Of Disputes Chapter 820-10 Miscellaneous Division 822 - AFFORDABLE HOUSING Chapter 822-2 Residential Density Bonus Chapter 822-4 Inclusionary Housing RECOMMENDATION 1-A: REORGANIZE CODE DIVISIONS AND CHAPTERS User accessibility should be improved through large-scale reorganization of the Code’s divisions, chapters, and sections. The updated Code should be organized in a manner that is easy to navigate and intuitive for applicants, County staff, and the public. Divisions or chapters that are redundant, unnecessary, or outdated should be combined where applicable or removed. For example, Chapter 88-3 (Wind Energy Conversion Systems) and Chapter 88-30 (Solar Energy Facilities) could be consolidated into a new renewable energy chapter; Chapter 88-18 (Offsite Vessel Advertising) could be consolidated with Chapter 88-6 (Signs); and Chapter 82-12 (Setbacks) and Chapter 82-14 (Yards) could be eliminated as separate chapters and incorporated as development standards for each zoning district. In some cases, the current Code would also benefit from the addition of new divisions or 76 Issues and Recommendations by Review Topic 18 Contra Costa County - Zoning Update Report –May 2024 chapters, like a new chapter on Rules for Provisions, Language, Measurement, and Interpretation to provide clarity on often confusing regulations, including how to measure height and setbacks from easements. Remaining divisions and chapters should be structured in a logical way, such as from most broad, applicable, or frequently referenced to least. Related topics should also be grouped together to improve organization and minimize the need for users to reference multiple areas of the Code. For instance, all residential sub-districts could be housed in a single chapter containing applicable development standards and allowed uses. Similarly, all definitions should be compiled and housed in one chapter, rather than spread among different divisions. Through proper reorganization, the number of divisions and chapters could be reduced, making the Code easier to navigate. As shown in the potential Code reorganization in Table 2, the 11 divisions and 115 chapters in the current Code (see Table 1) could be reduced to a more manageable 6 divisions and 65 chapters. Table 2 also incorporates other chapter revisions in Division 84 to include updated zoning districts that are consistent with new General Plan land use designations (see Section 4). TABLE 2 – POTENTIAL ZONING CODE REORGANIZATION TITLE 8 - ZONING Division 82 – ADMINISTRATION AND PROCEDURES Chapter 82-2 65/35 Land Preservation Plan Chapter 82-4 General Provisions Chapter 82-6 Zones and Zoning Map Chapter 82-8 Definitions Chapter 82-10 Rules For Provisions, Language, Measurement, and Interpretation Division 84 – ZONING DISTRICTS Chapter 84-2 Residential (R-x) Districts Chapter 84-4 Multiple-Family Residential (M-x) Districts Chapter 84-6 Mobile Home/Manufactured Home Park (T-1) District Chapter 84-8 Agricultural (A-x) Districts Chapter 84-10 Commercial Local (C-L) District Chapter 84-12 Commercial General (C-G) District Chapter 84-14 Light Industrial (L-I) District Chapter 84-16 Heavy Industrial (H-I) District Chapter 84-18 Planned Unit (P-1) District 77 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 19 TITLE 8 - ZONING Division 86 – COMBINING DISTRICTS AND OVERLAYS Chapter 86-2 Design Control (-B) Combining District Chapter 86-4 Kensington (-K) Combining District Chapter 86-6 Boat Storage (-BS) Combining District Chapter 86-8 Flood Hazard (-FH) Combining District Chapter 86-10 Cannabis Exclusion (-CE) Combining District Chapter 86-12 Solar Energy Generation (-SG) Combining District Chapter 86-14 Tree Obstruction of Views (-TOV) Combining District Chapter 86-16 Urban Farm Animal Exclusion (-UE) Combining District Chapter 86-18 Impacted Communities (-IC) Overlay Division 88 – AIRPORTS Chapter 88-2 Airport Establishment Chapter 88-4 Airport Zoning Division 810 – SPECIAL USE REGULATIONS Chapter 810-2 Accessory Dwelling Units Chapter 810-4 Farmworker Housing Chapter 810-6 Emergency Shelters Chapter 810-8 Single Room Occupancy (SRO) Facilities Chapter 810-10 Short-Term Rentals Chapter 810-12 Home Occupations Chapter 810-14 Childcare Facilities Chapter 810-16 Urban Farm Animals Chapter 810-18 Agricultural Farm Stands and Farm Markets Chapter 810-20 Take-Out Food Establishments Chapter 810-22 Alcoholic Beverage Sales Commercial Activities Chapter 810-24 Adult Entertainment Businesses Chapter 810-26 Sale of Firearms Chapter 810-28 Tobacco Retailing Businesses Chapter 810-30 Cannabis Regulation Chapter 810-32 Industrial Hemp Cultivation Chapter 810-34 Renewable Energy Facilities Chapter 810-36 Oil and Gas Drilling and Production Chapter 810-38 Surface Mining and Reclamation Chapter 810-40 Junkyards 78 Issues and Recommendations by Review Topic 20 Contra Costa County - Zoning Update Report –May 2024 TITLE 8 - ZONING Chapter 810-42 Cemeteries Chapter 810-44 Wireless Telecommunication Facilities Chapter 810-46 Meteorological Towers Chapter 810-48 Temporary Events Chapter 810-50 Nonconforming Uses Division 812 – SUPPLEMENTAL REGULATIONS Chapter 812-2 Affordable Housing: Density Bonus Chapter 812-4 Affordable Housing: Inclusionary Housing Chapter 812-6 Off-Street Parking Chapter 812-8 Transportation Demand Management Chapter 812-10 Sight Obstructions at Intersections Chapter 812-12 Signs Chapter 812-14 Tree Protection and Preservation Chapter 812-16 Water Efficient Landscapes Chapter 812-18 Land Conservation Contracts Chapter 812-20 Right to Farm Chapter 812-22 Floodplain Management Chapter 812-24 Dual Water Systems Chapter 812-26 Crockett-Carquinez Fire Protection District and Contra Costa County Fire Protection District Chapter 812-28 Community Facility Fees Chapter 812-30 School Facility Dedications RECOMMENDATION 1-B: USE PLAIN LANGUAGE AND REMOVE OUTDATED OR UNNECESSARY TERMS The Clear Language Group 4 recommends that text for the general public be written at the eighth-grade level or lower. Using clear and plain language would make the Code more 4 http://www.clearlanguagegroup.com/readability/#:~:text=For%20audiences%20with%20limited%2 0literacy,th%20grade%20level%20or%20lower 79 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 21 inclusive and easier for County residents and developers to navigate. Below is an example of existing Code language that could be improved by using clear and plain language: The recommended building height definition is shorter, simpler, and easier to understand than the existing Code definition. Furthermore, the updated Code would also include definitions of “natural grade” and “finished grade” for clarity as well as a new Chapter 82-10 for measurement rules, diagrams, and exceptions. The current Code also includes terms that are outdated, overly specific, or unnecessary. These terms can be confusing for readers and should be removed or replaced with more modern and broader terms. RECOMMENDATION 1-C: INCORPORATE TABLES, MATRICES, AND LISTS The updated Code should use tables, matrices, and lists where appropriate to provide information in a clear and organized way. Matrices and tables are often simpler, shorter, and easier to read and understand than information in a narrative format. They can also eliminate the need to refer to multiple chapters or divisions for information, especially when paired with Recommendation 1-A. The following example provides a comparison of how single-family residential development standards are currently presented in the Code, followed by a recommended development standards table for the Code update. Similar Current Code definition of “Building Height” (Section 82-4.214): “Building height” means the vertical distance measured from grade to the top of structure directly above with exceptions noted elsewhere in the code. Height may be measured from finished grade when such grade is below natural grade. Height shall be measured from natural grade when the finished grade is higher than natural grade. Recommended Code definition of “Building Height”: "Building height" means the vertical distance measured from natural or finished grade, whichever is lower, to the highest point of a structure. See Chapter 82-10 (Rules for Provisions, Language, Measurement, and Interpretation) for more information and diagrams on how to take measurements. 80 Issues and Recommendations by Review Topic 22 Contra Costa County - Zoning Update Report –May 2024 tables and matrices could also be used for other zoning districts, parking standards, and allowed uses (see Recommendation 3-A). Current Code development standards for Chapter 84-4 (R-6, Single-Family Residential): Section 84-4.602 - Lot—Area. No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot smaller than six thousand square feet in area. Section 84-4.604 - Lot—Width. No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot less than sixty feet in average width. Section 84-4.606 - Lot—Depth. No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot less than ninety feet in depth. Section 84-4.802 - Building height—Maximum. No single-family dwelling or other structure permitted in the R-6 district shall exceed two and one-half stories or thirty-five feet in height. Section 84-4.1002 - Yard—Side. There shall be an aggregate side yard width of at least fifteen feet. No side yard shall be less than five feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least fifty feet from the front property line. Section 84-4.1004 - Yard—Setback. There shall be a setback (front yard) of at least twenty feet for any structure in the R-6 district. On corner lots the principal frontage shall have a setback of at least twenty feet and the other setback shall be at least fifteen feet. Section 84-4.1006 - Yard—Rear. There shall be a rear yard for any principal structure of at least fifteen feet. There shall be a rear yard for accessory structures of at least three feet. 81 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 23 Recommended Code presentation of development standards 5 for all Single-Family Residential zoning districts in the current Code: DISTRICT R-6 R-7 R-10 R-12 R-15 R-20 R-40 R-65 R-100 Minimum Lot Standards Lot Size (sq. ft.) 6,000 7,000 10,000 12,000 15,000 20,000 40,000 65,000 100,000 Lot Width (ft.) 60 70 80 100 100 120 140 140 200 Lot Depth (ft.) 90 90 90 100 100 120 140 140 200 Minimum Setbacks (ft.) Front 20 25 30 Side (each) 5 10 15 20 30 Rear 15 30 Maximum Building Height Feet 35 Stories 2.5 Lists are another way to improve the readability of Code language by highlighting key information and removing unnecessary text. The following example illustrates how lists could be applied to the current Code. Excerpt from current Code Chapter 82-16 (Off-Street Parking): 82-16.202 - Purpose. The purpose of this chapter is to provide a unified set of standards for off-street vehicle and bicycle parking to meet the needs of persons employed at, or making use of, each land use during peak hours of parking needs. This chapter is intended to encourage the use of features, design strategies, materials, products, and best construction practices that preserve natural resources, conserve water and energy, and maximize energy efficiency in the design of parking facilities. This chapter also is intended to balance the needs of pedestrians, vehicles, bicycles, and public transportation. 5 The single-family residential development standards presented in the matrix format are for demonstrative purposes only and are based on the existing set of districts in the current Code. New development standards for updated zoning districts have not yet been developed for the new Code. 82 Issues and Recommendations by Review Topic 24 Contra Costa County - Zoning Update Report –May 2024 Recommended revisions to Chapter 82-16 (Off-Street Parking): 82-16.202 - Purpose. The purpose of this chapter is to: a) Provide standards for off-street vehicle and bicycle parking; b) Ensure adequate off-street vehicle and bicycle parking for all uses during peak hours of parking needs; c) Protect natural resources and conserve water and energy resources through parking design and construction practices; and d) Balance the needs of pedestrians, vehicles, bicycles, and public transportation. RECOMMENDATION 1-D: ILLUSTRATE STANDARDS WITH IMAGES AND DIAGRAMS Diagrams and images should be incorporated into the Code to reduce reliance on text and to clarify otherwise complex concepts. The San Joaquin County Municipal Code provides graphics to support and, in some cases, replace text for regulations, such as floor-area ratio, height and setback measurements, sign requirements, parking design criteria, and development types (Figure 3). FIGURE 3 – COLLECTION OF EXAMPLE IMAGES AND DIAGRAMS FROM THE SAN JOAQUIN COUNTY MUNICIPAL CODE 83 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 25 Images could also be integrated into matrices for further clarity, as shown in the following example for commercial zoning district development standards (Figure 4). FIGURE 4 –SAN JOAQUIN COUNTY DEVELOPMENT STANDARDS FOR COMMERCIAL ZONES EXAMPLE To improve accessibility for all users, alternative text (“alt text”, i.e., descriptive text that conveys the meaning and context of a visual item) should also be included for all images and diagrams. 84 Issues and Recommendations by Review Topic 26 Contra Costa County - Zoning Update Report –May 2024 2. Administrative Procedures CONTEXT The County currently has 26 different planning permit types that can be organized into three review levels: Ministerial, Administrative, or Discretionary (Table 3). Ministerial permits do not require personal judgment and can be approved by Planning staff if the proposed project meets established development standards. Ministerial permits may be issued “over the counter” and do not require hearings or public notification. Administrative permits are for projects with some discretionary elements, but ones that Planning staff can process internally without public hearings that can delay and increase costs for applicants. These permit types require final approval from the Zoning Administrator, and some require notifying neighboring property owners. Discretionary permits require decision makers, such as the Zoning Administrator or County Board of Supervisors, to exercise judgment and deliberation prior to approval. Public hearings with advanced public notification are require for these types of permits. Processes and procedures for most permits are outlined in Title 2 (Administration), with requirements for some specific permit types (e.g., Land Use Permits) in Title 8 (Zoning). Clarity and consistency regarding permit review levels, thresholds, and specific procedures could be improved. Current permit pathways can be confusing to identify and navigate, which can place County staff in a difficult position of defending a practice that may be internal policy but is not codified. For example, the Code does not define thresholds for “substantial” or “non-substantial” changes to an approved project to determine the appropriate permit process, especially for P-1 zones. Furthermore, some processes that are in the Code (e.g., reconsiderations) are rarely used or lack adequate information for staff and the public to understand and apply for the permit type.There is also a consensus among staff that existing permit types should be evaluated to see if they align with current land use practices and General Plan goals. Some existing permit requirements can be onerous for projects that would support the goals of the General Plan or have limited potential to impact the surrounding area. County staff and stakeholders identified the existing Small Lot Design Review process as an example of an overly burdensome entitlement process that does not consistently improve outcomes for neighborhoods or the environment. This process, outlined in Chapter 82-10 (Lots), is mandatory for any development on a lot that does not meet the current zoning district's minimum lot area or average width requirements. The design review process usually applies to older lots in areas where existing development patterns predate the 85 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 27 Code's minimum lot size requirements. As a result, these historically smaller lots are deemed “substandard,” and minor changes or improvements require approval from the County Zoning Administrator (ZA). Additionally, public hearings can be triggered if requested by neighbors. Though well-intentioned, this process has often resulted in project delays due to disputes between neighbors. Laborious permit processes such as this can both burden staff resources and discourage or delay valuable investment in the community. Table 3 lists the County’s existing permit types and indicates for each permit the level of review and approval body, as well as whether the permit is subject to the California Environmental Quality Act (CEQA), public noticing, or a public hearing. TABLE 3 – EXISTING COUNTY PLANNING PERMIT TYPES REVIEW LEVEL PERMIT TYPE CEQA PUBLIC NOTICE PUBLIC HEARING HEARING/ APPROVAL BODY Ministerial Permits Accessory Dwelling Unit N N N Planning Staff Agritourism Certificate of Compliance Compliance Review Home Occupation Permit Lot Line Adjustment Property Use Verification Short-Term Rental Urban Housing Development Urban Lot Split Wireless Minor Alteration Administrative Permits Small Lot Design Review Y Y N* Planning Staff (ZA if Hearing Requested) Administrative P-1 Y N N ZA Minor Subdivision (Administrative Lot Split) Industrial Hemp Cultivation Permit Renewal Y Y N* ZA Minor Development Plan Sign Review 86 Issues and Recommendations by Review Topic 28 Contra Costa County - Zoning Update Report –May 2024 REVIEW LEVEL PERMIT TYPE CEQA PUBLIC NOTICE PUBLIC HEARING HEARING/ APPROVAL BODY Temporary Event Tree Removal Variance Wireless Facility Access Discretionary Permits Development Plan Y Y Y ZA Land Use Permit Subdivisions General Plan Amendment BOS Rezoning *= Unless requested or appealed BOS = Board of Supervisors ZA = Zoning Administrator RECOMMENDATION 2-A: CLARIFY ADMINISTRATIVE PROCEDURES The comprehensive Code update should include a review of all existing procedures in Title 2 (Administration). Entitlement hierarchy (i.e., Ministerial, Administrative, or Discretionary), procedures, and decision-making protocols should be clearly defined so that all types of zoning decisions can be easily understood in the updated Code. At minimum, information related to the authority level for approval, public noticing, hearing criteria, and required findings should be provided in a manner that is easy to navigate and comprehend. Clear thresholds and definitions for different entitlements or processes should also be established and codified to improve usability and reduce reliance on internal memos or policies. For example, although a Minor Development Plan and Major Development Plan permit currently exist, Title 2 (Administration) does not provide a clear distinction between the two permit types. Also see Recommendation 2-B. Title 2 sub-sections could be reorganized to better reflect the process for each permit type, such as through the following organization. 87 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 29 Alternatively, public hearing information like noticing requirements, hearing requirements, review authority, appeals, and expiration, extensions, and modifications could also be presented as a matrix for all permit types so that Code users can easily locate the applicable information (see example in Figure 5). • Permit Type (e.g., Variance, Conditional Use Permit, Rezoning)  Purpose, Applicability, and Standards  Application Requirements  Procedures  Findings Required  Conditions of Approval  Notice Requirements  Hearing Requirements  Appeals  Expiration, Extensions, and Modifications 88 Issues and Recommendations by Review Topic 30 Contra Costa County - Zoning Update Report –May 2024 FIGURE 5 –CITY OF BERKELEY REVIEW AND DECISION-MAKING AUTHORITY MATRIX EXAMPLE 89 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 31 RECOMMENDATION 2-B: ESTABLISH A NEW MINOR USE PERMIT To streamline minor uses that are consistent with the General Plan, we recommend splitting the existing Land Use Permit into two distinct permit types: Major Use Permit and Minor Use Permit. • Major Use Permit: This permit would closely resemble the existing Land Use Permit. • Minor Use Permit: This permit would cover projects and activities that broadly align with the General Plan and the zoning district’s intended purposes. However, these projects might require specific considerations or conditions for approval. Minor Use Permit projects would typically be smaller in scale or have a reduced potential for land use incompatibility compared to those requiring a Major Use Permit. These two permit types would be similar to the Minor Development Plan and Major Development Plan permit types for P-1 zoning districts discussed in Recommendation 2-A, where a clear definition of each type is recommended. As examples, the Minor Use Permit and Minor Development Permit may apply to projects such as ATMs and outdoor dining in commercial zones, minor expansions of existing approved uses (e.g., extended operating hours, adding an ancillary use), or modifications to an existing approved development project (e.g., constructing a new accessory building on site), including in P-1 zoning districts. To implement this recommendation, the Code should outline detailed procedures for the Minor Use Permit application, review process, and approval. Applications for a Minor Use Permit would be considered an Administrative level permit type (Table 4), which would be subject to CEQA because they are discretionary actions, and require a notice of intent to be sent to adjacent property owners, but would not require a public hearing. The Zoning Administrator would act as final decision maker for the Minor Use Permit but may refer an application to the Planning Commission for a public hearing if the project involves a significant policy issue. The Zoning Administrator may require conditions of approval (e.g., operational limitations and design requirements) to minimize potential negative impacts and to ensure compatibility with the surrounding area and consistency with the zoning district and General Plan. Decisions of the Zoning Administrator may be appealed to the County Planning Commission within the established appeal period. To approve the Minor Use Permit, the Zoning Administrator would have to make required findings for the project, such as: 1. The project will not be detrimental to the public health, safety, convenience, or general welfare of persons residing or working in the neighborhood of such use; 90 Issues and Recommendations by Review Topic 32 Contra Costa County - Zoning Update Report –May 2024 2. The project is consistent with the purposes of the General Plan, the zoning district in which it is located, all other applicable provisions of this Code, any specific plan or applicable entitlements that regulate the subject property, and any applicable State and federal regulations; 3. The project is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts); 4. Adequate measures are taken to reduce any negative impacts on neighboring residents or sensitive uses; and 5. Any significant adverse impacts on the natural environment will be mitigated pursuant to CEQA unless overridden. Table 4 outlines the initial proposal for a new permit hierarchy, which includes the new Minor Use Permit, removes the Small Lot Design Review Permit (see Recommendation 2-C), and establishes separate pathways for Minor and Major Development Permits, Land Use Permits, and Subdivisions. TABLE 4 – INITIAL PROPOSAL FOR NEW PERMIT HIERARCHY – COUNTY PLANNING PERMIT TYPES REVIEW LEVEL PERMIT TYPE CEQA PUBLIC NOTICE PUBLIC HEARING HEARING/ APPROVAL BODY Ministerial Permits Accessory Dwelling Unit N N N Planning Staff Agritourism Certificate of Compliance Compliance Review Home Occupation Permit Lot Line Adjustment Property Use Verification Short-Term Rental Urban Housing Development Urban Lot Split Wireless Minor Alteration 91 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 33 REVIEW LEVEL PERMIT TYPE CEQA PUBLIC NOTICE PUBLIC HEARING HEARING/ APPROVAL BODY Administrative Permits Administrative P-1 Y Y1 N2 ZA Minor Subdivision (Administrative Lot Split) Minor Use Permit Industrial Hemp Cultivation Permit Renewal Y Y N2 ZA Minor Development Plan Sign Review Temporary Event Tree Removal Variance Wireless Facility Access Discretionary Permits Major Development Plan Y Y Y ZA Major Subdivision Major Use Permit General Plan Amendment BOS Rezoning 1 = Notice of Intent only 2= Unless requested or appealed BOS = Board of Supervisors ZA = Zoning Administrator RECOMMENDATION 2-C: RIGHT-SIZE PERMIT REQUIREMENTS Simply put, the comprehensive Code update should streamline the process for projects that further the County’s goals and discourage projects that detract from them. Permit types and processes should also be relative in scale to the proposed project and in line with the goals of the General Plan. Proposed uses and development with potential negative impacts (e.g., heavy industrial uses, late-night bars, and minor subdivisions outside the County’s Urban Limit Line) should undergo a more rigorous review than projects with fewer impacts or that provide community benefits (e.g., grocery stores and affordable housing). For example: • Establish clear public noticing thresholds based on proposed use and intensity. Public notification distances for intensive uses, like refineries or logistics centers, could be increased from 300 feet to up to 3,000 feet, depending on the use. 92 Issues and Recommendations by Review Topic 34 Contra Costa County - Zoning Update Report –May 2024 • Protect agricultural land by establishing a new review process for individual single- family homes on agricultural property. New homes below a certain size threshold and that are not detrimental to agricultural use of other property in the vicinity would continue to be reviewed at a ministerial level, while larger homes, or homes sited in a way that could interfere with agricultural operations on adjacent properties, would require an administrative-level permit.6 • Streamline projects with lesser impacts by rezoning areas that are subject to Small Lot Design Review to appropriate minimum lot sizes or densities that match the established pattern of existing development or eliminating the Small Lot Design Review from Chapter 82-10 (Lots). This idea is reflected in the permit hierarchy recommendations in Table 4. The number of uses or projects requiring discretionary review should also be evaluated and reduced where possible. This could be accomplished by: (1) permitting more uses by right, so long as they comply with the County’s General Plan and Code regulations; (2) expanding the authority of the County Zoning Administrator to approve minor projects and uses not spelled out in the Code that are otherwise compatible with the subject zoning district; and (3) allowing the Zoning Administrator to approve minor waivers or deviations to development standards, as appropriate, at an administrative level without a hearing. There are also several internal actions separate from the Code that County staff could undertake to help streamline projects. These may include: • Refining internal work process to improve processing times for application review without significant increase in the risk of error. • Allowing projects of a certain threshold or that meet General Plan goals to undergo concurrent planning and building permit review, at the applicant’s risk and their choice. • Developing additional objective design standards. As part of the comprehensive Code update, the County should also consider holding focus group interviews with representatives from industries that the County would like to attract, such as food stores and large job generators, to better understand what other permit process changes would help to attract these uses. 6 Adapted from the Stanislaus County Municipal Code Sections 21.20.020(B)(2) and 21.100.050(C): https://www.stancounty.com/planning/forms/zoning-ordinance.pdf 93 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 35 This page intentionally left blank. 94 Issues and Recommendations by Review Topic 36 Contra Costa County - Zoning Update Report –May 2024 3. Land Use Regulations CONTEXT Land use regulations refer to the types of uses (e.g., office, manufacturing, restaurants) allowed in each zoning district. Land use regulations and processes outlined in the Code should be consistent with a jurisdiction’s General Plan policies and reflect the purpose of the General Plan land use designation and zoning district. The current Code identifies land use regulations in Division 82 (General Regulations), Division 84 (Land Use Districts), Division 86 (Airports), Division 88 (Special Land Uses), Division 810 (Agricultural Land Conservation), and Division 814 (Slope and Hillside Development). Having the land use regulations spread across 6 of the 11 divisions in Title 8 can make it difficult for the reader to find the appropriate information. For example, in Division 84 (Land Use Districts), most land use regulations are presented as lists of activities that are permitted by right and those that require land use permits for each zoning district (Figure 6). However, some zoning districts in Division 84 simply refer to other Code sections (Figure 7) for allowed uses. In other cases, such as Division 82 (General Regulations), land use regulations are presented as separate chapters, like Chapter 82-20 (Dog Keeping) or Chapter 82-22 (Child Care Facilities). This inconsistent approach can make it difficult to navigate or easily compare uses across different zoning districts. Additionally, planned unit (P-1) zoning districts, such as Bay Point and North Richmond, have individual land use regulations that are housed outside of the Code. Staff and stakeholders agree that the current Code land use regulations are both outdated and overly prescriptive. Examples include restrictions on cabaret uses or limiting business offices to only insurance, real estate, and investment brokers. Additionally, the regulations may not reflect a comprehensive list of uses suitable for each zoning district. For instance, existing agricultural districts fail to distinguish between animal production and animal keeping. They also limit uses based on commercial status, rather than considering the potential impacts of the use. This creates challenges for staff in administering and enforcing regulations for contemporary land use types, potentially leading to inconsistent zoning decisions. 95 Issues and Recommendations by Review Topic Contra Costa County – Zoning Update Report – May 2024 37 FIGURE 6 – COUNTY USE REGULATIONS FOR GENERAL COMMERCIAL (C) ZONING DISTRICT (84-54.4) (CONTRACOSTA.CA.GOV/4736) 96 Issues and Recommendations by Review Topic 38 Contra Costa County - Zoning Update Report –May 2024 FIGURE 7 – COUNTY USE REGULATIONS FOR HEAVY INDUSTRIAL (H-I) ZONING DISTRICT (84-62.4) (CONTRACOSTA.CA.GOV/4736) 97 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –April 2024 39 RECOMMENDATION 3-A: APPLY USE TABLES The updated Code should incorporate use tables to clearly outline permitted and non-permitted uses in each zoning district. These tables would replace the current subsections on ‘Uses – Permitted’ and ‘Uses – Requiring Land Use Permit’ found in most of the existing zoning district chapters. The Code could include a master use table for all zoning districts, like the Sacramento County Code example in Figure 8, or separate use tables in each zoning district’s regulations section, as shown in Figure 9. Another item worth consideration is whether, and how, to incorporate existing P-1 use tables into the Code. FIGURE 8 – EXCERPT FROM SACRAMENTO COUNTY ALLOWED USES TABLE EXAMPLE 98 Issues and Recommendations by Review Topic 40 Contra Costa County - Zoning Update Report –May 2024 FIGURE 9 – LOS ANGELES COUNTY RESIDENTIAL USE TABLE EXAMPLE 99 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report – May 2024 41 RECOMMENDATION 3-B: REFLECT COMPREHENSIVE AND CONTEMPORARY LAND USES The updated Code should provide a comprehensive list of land uses that are adaptable to contemporary trends. Existing and new land uses outlined in the Code should be reviewed and evaluated for compatibility with each zoning district and associated General Plan land use designations, and for consistency with General Plan goals. Uses deemed inappropriate, outdated, or overly prescriptive should be eliminated and replaced with more suitable options. New uses could include community gardens, neighborhood-serving uses (e.g., corner markets, which should be allowed in most residential land use designations, consistent with the 2045 General Plan), shared office or co-working spaces, drone-related activities, and alternative housing styles like tiny homes. The Code should also incorporate regulations or procedures that allow for the co-location of uses, including accessory uses. This may include flexible office spaces, shared office or co-working spaces, food halls combining restaurants and retail, breweries or wineries that host events, and businesses that manufacture and sell products on-site. Community gardens provide access to fresh produce and can serve as focal points for communities. 100 Issues and Recommendations by Review Topic 42 Contra Costa County - Zoning Update Report –May 2024 4. Zoning Districts and Development Standards CONTEXT Zoning districts organize land into different categories (e.g., residential, commercial, and industrial). The current Code has 37 base zoning districts, which can be grouped into seven broader categories. The large number of base districts, each with their own development standards, can be difficult for staff and the public to navigate. These existing zoning categories also need to be updated to reflect the County’s updated General Plan. Single-Family Residential. Nine zoning districts allow for single-family residential development and associated uses on properties ranging from 6,000 to 100,000 square feet in area. Two-Family Residential. One zoning district allows for up to two dwelling units on a single parcel. Multiple-Family Residential. Five zoning districts allow for multiple-family residential development and associated uses with densities ranging from 6 to 29 units per acre. Agricultural. Six zoning districts allow agricultural uses and preservation. Commercial, Office, and Business. Six zoning districts allow for an assortment of commercial, retail, office, and neighborhood business uses. Manufacturing and Industrial. Four zoning districts allow for controlled manufacturing and light industrial to heavy industrial uses. Other. Other zoning districts include Forestry Recreation (F-R), Water Recreational (F- 1), Interchange Transitional, Unrestricted (U), Planned Unit (P-1), and Mobile Home/ Manufactured Home Park (T-1). The development standards established for each zoning district should be clear, easy to understand, and reflect modern requirements. Staff and stakeholders have noted that some development standards in the current Code do not reflect the County’s updated General Plan policies, and that standards can be confusing, conflict with requirements from other County divisions or departments, and be cumbersome or infeasible for certain development projects. Furthermore, even though area-wide P-1 zones are similar to one another, they are all covered in separate documents, which can be difficult for staff and the 101 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report – May 2024 43 public to navigate. Finding and understanding development standards and regulations for private development projects in P-1 zones can also be hard. RECOMMENDATION 4-A: UPDATE DISTRICTS TO BE CONSISTENT WITH THE GENERAL PLAN Preliminary recommendations to align zoning districts with the Contra Costa County 2045 General Plan are as follows: • Recommended Zoning Districts to Eliminate and Consolidate:  Eliminate and combine residential zoning districts that are inconsistent with new General Plan densities or are rarely used.  Combine the General Agricultural (A-2) district and Heavy Agricultural (A-3) district into a single district called General Agricultural with a 10-acre minimum lot size, consistent with the 2045 General Plan. Change the abbreviation to A-10 to relate to the minimum lot size.  Eliminate the Slope Density and Hillside Development (SD-1) Combining District and consider incorporating requirements as design and development standards for hillside properties.  Remove the Water Recreational (F-1) zoning district, which is applied to areas where residential uses also have a dock, and rezone all existing F-1 properties to residential. Allowed uses for the F-1 zoning district should be incorporated into other appropriate zoning districts or as part of the new Supplemental Regulations and Standards Division.  Replace the Limited Office (O-1) and Administrative Office (A-O) districts with General Commercial (C-G) zoning that incorporates office uses.  Replace the Neighborhood Business (N-B) and Retail Business (R-B) districts with Commercial Local (C-L) zoning.  Eliminate the Controlled Heavy Industrial (W-3) zoning district as it is rarely applied. Incorporate relevant W-3 regulations into the existing Heavy Industrial (H-I) zoning district.  Evaluate the benefits and drawbacks of removing area-wide P-1 zones and integrating applicable P-1 standards into the rest of the Code. The P-1 zoning district would be retained for private projects that implemented a Planned Unit Development. 102 Issues and Recommendations by Review Topic 44 Contra Costa County - Zoning Update Report –May 2024 • Recommended New Zoning Districts or Overlays to Establish:  Establish new residential zones to accommodate all densities and development patterns allowed by the General Plan, such as R-2 and R-4 zones for existing and future small-lot single-family development, and M-60 and M-125 zones for the high end of the density range.  Establish new mixed-use zoning districts that align with the General Plan’s mixed-use land use designations.  Establish new General Commercial (C-G) and Commercial Local (C-L) zoning districts.  Consider creating additional agricultural sub-districts for agricultural parcels over 80 acres, such as A-160 and A-320. New agricultural sub-districts should include incentives for maintaining larger agricultural parcel sizes and consolidating existing small parcels into larger parcels.  Establish an Impacted Communities Overlay Zone with input from the community. The overlay zone should include areas within and adjacent to the Impacted Communities shown in Figure SC-1 of the 2045 General Plan (Figure 10). The Impacted Communities Overlay Zone should also establish discretionary permit requirements for nonresidential developments of 25,000 square feet or more; and require additional project findings that promote environmental justice, health, and safety. Projects within the overlay zone should support community objectives; provide economic benefits for the community; avoid permanent displacement of existing residents or businesses; support community resiliency, cohesion, and safety; and positively impact health and quality of life within the community. • Additional Recommendations:  Differentiate residential sub-districts based on density rather than “single- family,” “two-family,” or “multiple-family.”  Revise the abbreviation for the Agricultural Preserve District from A-4 to A-P. 103 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report – May 2024 45 FIGURE 10 – IMPACTED COMMUNITIES MAP 104 Issues and Recommendations by Review Topic 46 Contra Costa County - Zoning Update Report –May 2024 RECOMMENDATION 4-B: APPLY CLEAR DEVELOPMENT STANDARDS Development standards across all zoning districts should be well-defined and easy to understand. The comprehensive Code update should prioritize clear organization, presentation, and the elimination of confusing standards. As presented in Recommendation 1-C, the organization and presentation of development standards can be greatly improved through tables, matrices, and lists. For example, the updated Off-Street Parking Chapter could include a matrix outlining vehicular and bicycle parking standards for all use types. Similarly, parking lot landscape design and layout standards could be simplified by a table format with images (Figure 11). FIGURE 11 - BUTTE COUNTY PARKING LOT LANDSCAPING STANDARDS EXAMPLE Additionally, the Code should eliminate confusing development standards or concepts, replacing them where necessary. For residential-zoned properties, this could include eliminating the “half-story” element and removing the aggregate side-yard setback requirements. Instead, we could adopt full-story maximum building height, and setbacks based on a minimum linear-foot requirement for the front, sides, and rear setbacks. 105 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 47 The Code should also strive for consistency between the zoning development standards and requirements found elsewhere in the County Ordinance Code or implemented by other County departments and divisions (like Public Works Department and Building Division). To achieve this, a collaborative review is recommended. Staff from relevant County divisions, such as those mentioned above, should be involved in examining existing development standards, including ADU setbacks and other accessory structures. Conflicting standards can then be identified and updated to ensure a more streamlined and cohesive Code. RECOMMENDATION 4-C: INCORPORATE FLEXIBLE AND MODERN STANDARDS Development standards should align with General Plan policies while remaining clear and flexible. This flexibility is important to accommodate contemporary uses and encourage development. Table 5 provides initial recommendations for introducing greater flexibility into Code development standards and includes examples of how other jurisdictions have implemented these recommendations. TABLE 5 – DEVELOPMENT STANDARDS PRELIMINARY RECOMMENDATIONS REGULATION RECOMMENDATION Building Height Regulations Establish graduated height limits or stepbacks to allow buildings to be taller with less solar access conflicts. Parking Regulations Replace parking minimums with maximums for some uses or areas of the county. See City of Berkeley Municipal Code Section 23.322.070 (Parking and Loading): https://berkeley.municipal.codes/BMC/23.322 Allow off-street parking exemptions for certain uses (e.g., adaptive reuse or re- tenanting of older downtown buildings) where appropriate. Relax parking requirements when adequate street parking is available for existing and proposed uses. Require new commercial parking lots with 50 or more spaces to mitigate heat gain through installation of shade trees, solar arrays, or other emerging cooling technologies. Residential Regulations Establish and refine standards for alternative home types (e.g., modular or tiny homes), including in the T-1 Mobile Home/Manufactured Home Park District. Permit more encroachments into setback areas (e.g., front porches, bay windows, and architectural features). See San Joaquin County Municipal Code Section 9- 400.020 (Building Projections into Required Yards): https://library.municode.com/ca/san_joaquin_county/codes/development_title?nod eId=SJC 106 Issues and Recommendations by Review Topic 48 Contra Costa County - Zoning Update Report –May 2024 REGULATION RECOMMENDATION Planned-Unit Development Regulations Update the intent and purpose of P-1 zoning to be used only where existing zoning regulations cannot be efficiently used for the proposed project. Update the required P-1 project findings to show that the proposed development would not be successful under any other base zoning districts and that the project would provide community benefits consistent with the General Plan. Accessory Structure Regulations Revise the maximum building size for accessory buildings to be proportional in size to the property on which they are located. See Santa Clara County Municipal Code Section 4.20.020 (Accessory Buildings and Structures): https://stgenpln.blob.core.windows.net/document/ZonOrd.pdf#0-TOC Establish requirements for retaining walls greater than seven feet to be staggered and incorporate landscaping to reduce visual impact. See City of San Carlos Municipal Code Section 18.12.050.E (Hillside Development Standards) for retaining wall requirements: https://cityofsancarlos.primegov.com/Portal/viewer?id=0&type=7&uid=33bc15bd- eb3e-44f3-b9c1-b8abdeffdf73 Revise the definition of “structure” to exclude retaining walls that meet all development standards. Environmental Protection Regulations Establish development standards for urban land uses that interface with agricultural uses, ecologically significant resource areas, and other protected conservation lands. New development standards should, at minimum, address appropriate setbacks, buffers, lighting, fencing, screening, and landscaping. See Los Angeles County Municipal Code Section 22.102.090 (Significant Ecological Areas Development Standards): https://library.municode.com/ca/los_angeles_county/codes/code_of_ordinances?n odeId=TIT22PLZO_DIV5SPMAAR_CH22.102SIECAR_22.102.090SEDEST. See Butte County Municipal Code Division 7 (Agricultural Buffers): https://library.municode.com/ca/butte_county/codes/code_of_ordinances?nodeId= CH24ZO_ARTIIIGERE_DIV7AGBU Require clustering of new development on agricultural properties to protect agricultural vitality and sustainability. Incorporate new provisions related to microgrids and battery energy storage systems. Quality of Life Regulations In collaboration with community members, law enforcement, and local leaders, develop standards that encourage public safety through environmental design. Establish a public art requirement for new development of a certain project type and size. See City of Berkeley Municipal Code Chapter 23.316 (Percentage for Public Art on Private Projects): https://berkeley.municipal.codes/BMC/23.316.010 Establish a community garden requirement for new development of a certain project type and size. See Sacramento County Municipal Code Table 5.7.C (Project Development Standards) and Table 5.8.B (Project Development Standards) for regulations for common open space and outdoor amenities, which can include community gardens: https://planning.saccounty.gov/LandUseRegulationDocuments/Documents/Zoning- Code/Chapter_5_1.13.23.pdf.pdf 107 Issues and Recommendations by Review Topic Contra Costa County - Zoning Update Report –May 2024 49 REGULATION RECOMMENDATION Require new multifamily residential, commercial, and mixed-use development projects to designate areas adequate for package and goods deliveries and passenger loading and unloading. 108 APPENDIX A – ZONING CODE UPDATES BY PHASE 109 Appendix A – Zoning Code Updates by Phase Phase I: All Housing Element Update ac�ons that must be completed by January 31, 2024.  HE-A5.1 Ac�on: Increase the supply of land zoned for high-density housing. This will include crea�on of new zoning districts for consistency with the new General Plan land use designa�ons. Amend the General Plan and County Ordinance Code, as needed and detailed in Sec�on 6.4, to provide adequate sites for at least 3,266 lower-income units, with par�cular aten�on to land in moderate and higher resource designa�ons and communi�es iden�fied as RCAAs (i.e., Vine Hill, Reliez Valley, Alhambra Valley, Briones, Saranap, Acalanes Ridge, Castle Hill, Alamo, Diablo, Blackhawk, Discovery Bay, and Kensington) (by January 31, 2024).  HE-A5.2: Change zoning on parcels iden�fied in one or more prior Housing Element to address state law under Government Code Sec�on 65583.2(c) and facilitate housing opportuni�es on those parcels (by January 31, 2024).  HE-A3.2: Con�nue to offer housing opportuni�es and funding to facilitate housing for those with disabili�es. Create a reasonable accommoda�on procedure (by February 2024).  HE-A5.1: Increase the supply of land zoned for high-density housing. This will include crea�on of new zoning districts for consistency with the new General Plan land use designa�ons. Amend the General Plan and County Ordinance Code, as needed and detailed in Sec�on 6.4, to provide adequate sites for at least 3,266 lower-income units, with par�cular aten�on to land in moderate and higher resource designa�ons and communi�es iden�fied as RCAAs (i.e., Vine Hill, Reliez Valley, Alhambra Valley, Briones, Saranap, Acalanes Ridge, Castle Hill, Alamo, Diablo, Blackhawk, Discovery Bay, and Kensington) (by January 31, 2024).  HE-A6.1: Update Title 8 of the County Ordinance Code. Current revisions needed to the County Ordinance Code include: (by 2024):  Allow employee housing for six persons or fewer anywhere single-family residen�al uses are allowed to comply with the Employee Housing Act.  Establish a streamlined review process and standards for eligible projects under SB 35 (2017), as set forth under Government Code Sec�on 65913.4.  To affirma�vely promote more inclusive communi�es, review and revise the County's requirements for Residen�al Care Facili�es with seven or more persons and permit them as a residen�al use subject only to those restric�ons that apply to other residen�al dwellings of the same type in the same zone. These types of facili�es are s�ll subject to state licensing requirements.  Allow transi�onal and suppor�ve housing in all zoning districts in the same way that other housing is allowed per SB 2 (2007) and also to allow suppor�ve housing without discre�onary review in areas zoned for residen�al use where mul�family and mixed uses are permited, per Assembly Bill (AB) 2162 (2018).  Allow low-barrier naviga�on centers without discre�onary review in compliance with AB 101 in areas zoned for mixed use and nonresiden�al zones permi�ng mul�family uses.  Update the land use permit findings to not have a dispropor�onate impact on housing affordable to lower income households. 110  Allow emergency shelters as a permited use (non-discre�onary) in the Light Industrial zoning district to implement AB 2339. In 2027, the County will evaluate the remaining suitable sites in the zones that allow emergency shelters by right and compare with the homeless need at the �me. If the available sites do not address or exceed the homeless need, the County will update the zoning to allow emergency shelters by right in more loca�ons in order to address the homeless need.  Amend the defini�on of emergency shelters to clarify that emergency shelters may include other non-permanent housing interven�ons, such as a naviga�on center, bridge housing, and respite or recupera�ve care.  Update parking standards for emergency shelters to accommodate all staff, provided they do not require more parking than other residen�al or commercial uses in the same zone (Government Code Sec�on 65583(a)(4)(A)(ii)). The County will also assess all of the opera�onal standards for emergency shelters and update if needed for consistency with state law.  Amend the defini�on of “family” in the Contra Costa County Municipal Code to not limit family by size or rela�on such that it does not impede the ability of persons with disabili�es to locate housing.  As part of the comprehensive update, the County will establish or modify development standards (including setbacks, lot coverage and height limits) for new or exis�ng zoning districts allowing residen�al uses to facilitate achieving allowable maximum densi�es. Phase II: The comprehensive Zoning Code update effort. This includes restructuring Title 8- Zoning, upda�ng defini�ons, and making minor cleanup or updates to development standards and en�tlement processes. Targeted updates to Title 2- Administra�on and Title 9- Subdivisions are also included in Phase II. Code Accessibility Ease of Use • SC-A10.1: Amend County Ordinance Code Title 8 – Zoning to improve accessibility by: a) Using forma�ng tools and techniques, such as matrices and tables, that streamline the document. b) Incorpora�ng diagrams and other graphics to reduce reliance on text. c) Using clear, unambiguous, and non-technical language whenever possible. • Re-organize Code to improve naviga�on. Specific ideas include: o Have all defini�ons in one place. o Keep special land uses in the same place. o List zoning districts in a logical way (e.g., alphabe�ze). o Eliminate/reduce the need to look in mul�ple sec�ons for standards or requirements (e.g., applicable setbacks are provided in the language for each zoning district, defini�on of “lot”, and Ar�cle 82-12.4 Highway). o Remove obsolete sec�ons of code (e.g., Cabaret Ordinance). o Specify and differen�ate special uses and general uses. o Remove Dog Keeping Ordinance. Incorporate uses into a master allowed-use matrix and transfer appropriate defini�ons to Definitions chapter. • Simplify language so that it is easier to interpret and navigate. 111 • Incorporate more diagrams, illustra�ons, and realis�c examples to help in interpre�ng complex por�ons of the code (e.g., where to measure building height, etc.). • Include zone sec�on references to avoid readers having to switch to mul�ple sec�ons. • Provide hyperlink to development standards through Accela or CCMAPS so that when someone clicks on their lot, the setbacks, side yards, building heights, stories, etc. are provided on screen. Terms and Definitions • Update Definitions (Chapter 82-4) by including addi�onal terms that are needed but missing. Ex: o Crawlspace o Recrea�on area (as it refers to off-street parking) o Junkyards o Microgrid • Update Definitions (Chapter 82-4) by removing outdated, unnecessary, or overly specific terms. • Update Definitions (Chapter 82-4) by clarifying interchangeable or confusing terms. Ex: o Development o Building vs. structure o Whether fences and retaining walls are considered structures o Yard vs. setback o Building area vs. building footprint o Frontage and/or roadway o Primary vs. secondary frontage o Net vs. gross acreage • Ensure that terms and defini�ons are consistent with State guidelines (e.g., transi�onal housing, congregate care, assisted living facility, convalescent home) and General Plan glossary. • Establish consistent rules for measurement (e.g., how “Average Lot Width” is determined). Administra�ve Procedures Clarify Procedures • HE-A2.8 Ac�on: Amend the County Ordinance Code to include an ordinance authorized pursuant to Senate Bill 10 unless determined infeasible or nonbeneficial (by December 2025). • LU-A2.1: Amend the County Ordinance Code to require the following prior to approval of a tenta�ve map for subdivision in areas designated Agricultural Lands or Agricultural Core: a) Evidence of adequate groundwater supply to support intended uses, considering the cumula�ve, long-term demand. b) Demonstra�on that each parcel is suitable for an on-site wastewater treatment system. c) Sa�sfactory road and street access, par�cularly for emergency vehicles. d) Adequate regional drainage capacity, including downstream natural watercourses. e) Detailed site plans for each lot indica�ng building loca�ons, driveways, well and leach field loca�ons, energy-efficient and -conserving features, loca�on of hazards such as landslides and floodplains, necessary flood and stormwater management improvements, and fencing. f) Other informa�on that may be required to confirm the safe use of each lot for its intended purpose. • Clarify and revise Zoning Administrator (ZA) du�es and administra�ve approval authoriza�on iden�fied in Title-2 by: o Allowing the ZA the ability to approve smaller projects (ex: a straight Major Subdivision with no rezoning or final development plan) administra�vely. 112 o Providing provisions within the code that give the DCD Director or ZA the authority to allow an unlisted use that resembles, or is compa�ble with, a listed use. • Establish clear permit thresholds and defini�ons of “substan�al” vs. “unsubstan�al” or “minor” vs. “major” changes to help reduce exis�ng inconsistencies with processing and public hearing requirements. • Review the Lot Line Adjustment approval procedures (92-4.047). Right-Size Permit Requirements & Establish New Procedures Where Needed • HE-A6.2 Ac�on: Con�nue developing and implemen�ng prac�ces to further streamline approval of planning en�tlements and issuance of building permits for residen�al projects including development of objec�ve design standards (see Ac�on HE-A2.6). • LU-A9.3: Amend the County Ordinance Code and/or procedures to streamline the permi�ng process for businesses and industries that provide living-wage jobs, invest in the community, hire from the local workforce, and embrace sustainability. • Simplify the process and minimize applicable fees for childcare and preschool facili�es, churches, and other similar land uses. • SC-A5.2: Amend the County Ordinance Code and/or procedures to streamline permi�ng processes for grocery stores and markets in Impacted Communi�es and food deserts. • SC-A11.6: Amend County Ordinance Code Title 2 – Administra�on to increase the public no�fica�on distance for hearings concerning refineries and other large sta�onary sources (i.e., any sta�onary source that emits, or has the poten�al to emit, 40 tons per year or more of nitrous oxides or sulfur dioxide; 15 tons per year of coarse par�culate mater; 10 tons per year of fine par�culate mater; and/or 200 tons per year of carbon dioxide) from 300 to 3,000 feet. • Evaluate heliport and ver�port regula�ons and revise as needed. • Reduce the number of discre�onary applica�ons that are required by iden�fying more applica�on types that can be approved without a public hearing and allowing more uses by right. Ensure that exis�ng and proposed ministerial permits are appropriate and in line with County policies. • Consider different review “tracks” for the same type of ac�vity but with differing intensity or poten�al impacts (including visual effects on neighbors). For example, offer lesser design review for addi�ons versus new construc�on. • Establish a new Minor Use Permit type. Review requirements and best prac�ces from other jurisdic�ons. • Require a lesser permit type for outdoor ancillary uses in the current R-B zoning district, such as non- drive through ATMs, Redbox, dona�on boxes, and outdoor dining. • Require a lesser permit type (ex: Minor Use Permit) for large accessory buildings, rather than a variance. Establish threshold and defini�on for “large.” • Consider elimina�ng “reconsidera�on” op�on or clean up to clarify how it is different than an appeal. • Eliminate the Small Lot Design Review process (Chapter 82-10). • Update findings for areawide P-1s to require that: the project demonstrates how exis�ng zoning districts cannot be efficiently used for project; the project demonstrates that P-1 zoning is necessary to achieve the project; and the project provides community benefits that support the General Plan. • Establish a Temporary Use Permit and/or expand the exis�ng Temporary Event Permit to apply to community-serving uses such as farmer’s markets and maker’s fairs. 113 • Evaluate the County's role when other agencies/departments are not exempt from State law. Revise procedures as needed. Separate from Code • Develop a factsheet that describes the different required permi�ng processes, including overlapping processes and how they relate to each other. Land Use Regula�ons General • Update and align allowed uses for all zoning districts - “Allowable Use Moderniza�on Effort.” Specific ideas include:  Replace uses that are too prescrip�ve with broader use categories.  Remove outdated uses and replace with common uses for today’s market (e.g., event centers, businesses with mul�ple uses).  In areas where sales of a certain item is an allowed use (e.g., some P-1 districts), consider also allowing the repair of that product (e.g., furniture sales and repair). • Re-evaluate the permited uses in the zoning code vs. those that require a use permit; adjust to encourage uses that promote access to healthy food and to discourage unhealthy uses, like bars and liquor stores. • Add cell sites into different zoning districts, ex. retail business. Residential Uses • To the extent permited by State law, limit new residen�al development to already-approved development and one dwelling unit per legal parcel. (3-56) (Bethel Island, Policies, #4) • Consider allowing area-serving non-residen�al uses in or nearby residen�al districts that support community character. Agricultural Uses • SC A4.1: Amend the urban agriculture provisions in County Ordinance Code Title 8 – Zoning to address the following: a) Zoning districts where urban agriculture is allowed. b) Permi�ng requirements. c) Development and performance standards. d) Environmentally safe and sustainable prac�ces. e) Sale of crops and value-added products. f) Animal husbandry. g) Disposal of food waste and agricultural byproducts. • Include non-profit farm animal sanctuary/pet hospital as an allowed use in A-2 or other appropriate agriculture zoning district. • Remove Sec�on 84-38.1402 subsec�on 4 language, “Legi�mate poultry hobbyists as approved in wri�ng by the animal services director.” • Consider addi�ons to the “R-“ districts and the Urban Farm Animal Ordinance to clarify that animal keeping is only allowed as a secondary use and not allowed on vacant proper�es. Commercial/Office Uses • Broaden allowable commercial uses without a permit. • Allow treatment/rehab/support facili�es and medical offices/uses in retail and commercial zoning districts. • Allow office uses in R-B, N-B districts. 114 Industrial Uses • Allow compa�ble ancillary uses (e.g., sales) in industrial zones. Other Uses • Review County Ordinance Code provisions and consider the suitability of each zoning district for the establishment of airports and heliports. (Exis�ng Transporta�on Element Program 5-bm) • Review Chapter 88-12: Adult Entertainment Businesses Ordinance and update as needed. Zoning Districts and Development Standards General • Prepare a comprehensive zoning table/matrix iden�fying development standards for all zoning districts. • Provide clear requirements between public works, building, and current planning divisions to ensure that codes (e.g., ADUs & Accessory Structures) align with one another. Accessory Structure & Building Standards • Evaluate development standards (e.g., height, setbacks, FAR, lot coverage) for accessory structures and buildings. Revise as needed to allow development that is appropriate for and propor�onate to subject zoning districts and exis�ng primary buildings/structures. • Define requirements for how to separate and/or stagger retaining walls/fences to not be considered a structure and require a Variance. Agricultural Standards • COS-A2.4: Amend County Ordinance Code Title 8 – Zoning to include development standards, and possibly adopt accompanying design guidelines, for urban land uses that interface with agricultural uses, addressing, at minimum: a) Setbacks on urban proper�es that provide a buffer to agricultural uses. b) Loca�on and arrangement of buildings, structures, and uses on urban proper�es. c) Ligh�ng, fencing, screening, and appropriate landscaping/vegeta�on. • LU-P10.1: Encourage consolida�on of agricultural parcels not mee�ng the minimum acreage requirement for the applicable zoning district. • LU-A10.1: Amend County Ordinance Code Title 8 – Zoning related to development of homes and associated buildings and structures on agricultural proper�es to require clustering of such improvements to protect agricultural vitality and sustainability. Environmental Standards • COS-A4.2: Amend County Ordinance Code Title 8 – Zoning to include development standards, and possibly adopt accompanying design guidelines, for urban land uses that interface with ecologically significant resource areas and other protected conserva�on lands, addressing, at minimum: a) Setbacks on urban proper�es that provide a buffer to resource areas. b) Clustering development to maximize ecological and conserva�on benefits. c) Fencing, ligh�ng, screening, and landscaping/vegeta�on that support, and do not interfere with, wildlife migra�on and other conserva�on purposes. • COS-A14.2: Amend County Ordinance Code Division 88, Special Land Uses, to consolidate Chapters 88-3 and 88-30 governing wind energy conversion systems and solar energy facili�es, respec�vely, into a new renewable energy chapter, with added provisions related to microgrids and batery energy storage systems. 115 • COS-A14.3: Amend County Ordinance Code Division 88.3—Wind Energy Conversion Systems to require that of decommissioned wind farms be returned to a condi�on consistent with the natural environment in the area of the �me of decommissioning, rather than a return to pre-project condi�on. The following issues must be specifically addressed: a) Unnecessary and poorly constructed roads that are sources of erosion. b) Remaining turbine founda�ons/foo�ngs and underground conduit. c) Abandoned equipment yards, turbine components, and other debris. P-1 Standards • HE-P5.3 Policy: Promote mixed-use development by elimina�ng minimum area requirement to establish a P-1 District. • Either replace areawide P-1s with new zoning districts or keep areawide P-1s but address ongoing issues. Will need direc�on from Board of Supervisors. Residential Standards • HE-P1.4 Policy: Ensure that the County’s condominium conversion ordinance (Chapter 926-2.202) mi�gates impacts to displaced tenants and ensures the quality of units being sold to homeowners. • HE-A2.1 Ac�on: Provide funding or financial incen�ves for new affordable housing development. • HE-A3.1 Ac�on: Work with housing developers and housing service providers to address the needs of those with special housing needs. • Eliminate the half-story element. • Remove aggregate side yard setback requirement. • Evaluate if “sliding scale” for setbacks is s�ll needed. Remove or revise as needed. • Consider expanding permited setback encroachments (e.g., front porches). • Consider establishing standards and regula�ons to allow for alterna�ve housing styles (e.g., shipping container houses, �ny houses). Transportation & Parking Standards • HS-A8.1: Amend County Ordinance Code Chapter 82-16, Off-Street Parking, to achieve consistency with Policy HS-P8.3. [“Require new commercial parking lots with 50 or more spaces to mi�gate heat gain through installa�on of shade trees, solar arrays, or other emerging cooling technologies. Priori�ze the use of solar arrays where feasible and appropriate.”] • TR-A6.3: Amend County Ordinance Code Title 9 – Subdivisions to require new mul�family residen�al, commercial, and mixed-use developments to designate areas adequate for package and goods deliveries and passenger loading and unloading. • Adopt zoning that provides more flexibility for downtown development, including relaxing parking requirements when street parking is available and expanding allowed uses to include light manufacturing for businesses that both manufacture and sell products on-site. (Byron, Ac�ons, #2) • Exempt adap�ve reuse or re-tenan�ng of older downtown buildings from compliance with off-street parking requirements when appropriate. (Crocket, Policies, #8) • Consider incorpora�ng parking benefit districts into “downtown” areas (i.e., Crocket, Byron, Rodeo, etc.). • Simplify Off-Street Parking Landscape Design and Layout (Sec�on 82-16.404.c) standards. • Remove Take-Out Food Establishments Ordinance (Chapter 88-16) and incorporate requirements for keeping parking lots clean into the Off-Street Parking Ordinance (Chapter 82-16). • Consider removing parking minimums and establishing parking maximums. 116 Other Development Standards • COS-A9.1: Amend County Ordinance Code Title 8 – Zoning to incorporate the following requirements for new or expanded marinas and docks: a) Adequate channel width and depth, as defined by the State Harbors and Naviga�on Code. b) Served by a public fire protec�on district. c) Adequate public vehicular access. d) Adequate supply of potable water. e) Adequate on-site facili�es for sewage and solid waste disposal. f) Compa�bility with nearby agricultural uses. g) Compa�bility with nearby conserva�on/habitat lands. h) Designed to avoid inunda�on from projected sea-level rise, as shown on Figures HS-6 through HS-9 (Sea-Level Rise Projec�on Maps) in the Health and Safety Element. • COS-A12.1: Amend County Ordinance Code Division 814, Slope and Hillside Development, to convert the requirements from being a combining district to design and development standards related to building envelopes, building massing, colors, materials, grading, draining, and erosion control. • PFS-A6.1: In collabora�on with community members, law enforcement, and local leaders, revise the County Ordinance Code to incorporate standards for new development that support a safe, accessible public realm for all through environmental design. • SC-A4.2: Amend the County Ordinance Code to add a requirement for certain projects to incorporate community gardens into the project design. As part of this process, iden�fy a threshold for triggering this requirement, considering project type, size, and loca�on, and establish standards for garden size and design. Consider the unique needs of Impacted Communi�es when developing these regula�ons. • SC-A7.1: Amend County Ordinance Code Title 8 – Zoning to establish a public art requirement for new development and funding mechanisms to create and maintain public art. • Consider having graduated height limits/stepbacks to allow buildings to be taller with less solar access conflicts. • Revise levee setbacks to 50’ unless different standard approved by Reclama�on District prior to en�tlement approval. Zoning Map Updates • LU-P10.2: Ensure all former Williamson Act parcels are rezoned from Agricultural Preserve District to an agricultural zoning district appropriate for the area. • SC-A1.3: With input from residents of Impacted Communi�es, amend County Ordinance Code Title 8 - Zoning to create an Impacted Communi�es Overlay Zone that applies to areas within and adjacent to Impacted Communi�es and establishes requirements for discre�onary permits for nonresiden�al developments of 25,000 square feet or more. The overlay zone will include addi�onal required project findings that promote environmental jus�ce, health, and safety. Projects able to sa�sfy the required findings will: a) Provide benefits that support the community objec�ves, such as those iden�fied in the Community Profile. b) Provide economic benefits for the community. c) Avoid unwelcome permanent displacement of exis�ng residents or businesses in the community. d) Support community resiliency, cohesion, and safety. e) Posi�vely impact health and quality of life within the community. As part of the process to develop this ordinance, create guidance for demonstra�ng consistency with these findings. • Establish new residen�al subdistricts with smaller minimum lot sizes than currently allowed. Rezone areas where a majority/many lots are substandard (e.g. Walnut Creek R-10 and Crocket). • Remove F-1 zoning and replace it with R-6 zoning or appropriate residen�al zoning. New residen�al zoning should include levee informa�on and requirements. 117 • Establish new agricultural sub-districts for agricultural parcels over 80 acres, such as A-80, A-120, and A-160. • Remove A-2 and A-3 zoning districts and replace with A-10. • Rename A-4 zoning district to A-P, Agricultural Preserve District. • Establish new mixed-use zoning designa�ons that are consistent with the General Plan and allow ver�cal and horizontal mixed-use development. • Remove O-1 and O-A zoning districts and replace with R-B, with office uses allowed). • Conduct a comprehensive review of exis�ng zoning and amend where needed to ensure consistency with General Plan. Also eliminate zoning districts not currently in use throughout the unincorporated County. This may include rezoning C-M (Controlled Manufacturing); F-R (Forest Recrea�on District proper�es); W-3 (Controlled Heavy Industrial); and D-1 and –T (Two-Family Residen�al, Transi�onal Overlay Combining); A-O (Administra�ve Office District); C-B District A (Community Business District A); ITR (Interchange Transi�onal District); U (Unrestricted). Phase III: Larger updates that could be considered separate projects. Many of these updates would begin concurrently with Phase II updates but are expected to require more �me or effort. Phase III includes items like new ordinances for regulatory issues, such as environmental jus�ce and air quality. It will also include the crea�on of materials to help disseminate and explain the updated Zoning Code. Code Accessibility Separate from Code • Develop factsheets as supplement to Code. Administra�ve Procedures Clarify & Update Procedures • COS-A2.5: Review the Williamson Act Program to iden�fy poten�al areas for improvement, such as: a) Expanding the range of allowable uses to include wildlife habitat areas. b) Increasing enforcement of non-compliant proper�es. c) Crea�ng a mechanism to ensure rezoning of proper�es no longer under a Williamson Act contract. • Adopt viable methods to encourage residents to open businesses in North Richmond, such as proac�ve outreach to the community, assis�ng with funding through various tax incen�ves, streamlining en�tlement processes, and revising County ordinances and fees. (North Richmond, Policies, #13) • Update Nonconforming Uses Ordinance (Chapter 82-8) and related procedures. • Develop an ordinance, in coordina�on with Environmental Health, to regulate mobile vendors, such as Taco trucks. Land Use Regula�ons Industrial Uses • COS-A14.1: Amend County Ordinance Code Chapter 88-14 – Oil and Gas Drilling and Produc�on to: a. Prohibit new and expanded oil and gas produc�on wells in the following: i. Sensi�ve ecological areas, such as wetlands and habitat for rare, threatened, endangered, or special-status species. 118 ii. Areas subject to 100-year flood hazards or sea-level rise, as shown in Figures HS-2 and HS-6 through HS-9. iii. Areas within 3,200 feet of sensi�ve receptors or urban land use designa�ons unless project-specific excep�ons are granted by the California Department of Conserva�on, Geologic Energy Management Division. b. Restrict oil and gas drilling opera�ons to agricultural zoning districts only. c. Require a land use permit for all new and expanded oil and gas wells. d. Require a reclama�on plan for oil and gas well sites that includes bonding for site clean-up. e. Include performance standards related to water quality, air quality, odors, noise, and aesthe�cs. In parallel, study the feasibility of amending the County Ordinance Code to prohibit development of new oil and gas wells and phase out exis�ng oil and gas well opera�ons. • SC-A1.2: Amend County Ordinance Code Chapter 84-63, Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Materials, to: a) Increase the hazard scores for projects with poten�al to adversely affect Impacted Communi�es to ensure more projects are subject to discre�onary review. b) Address ambigui�es and an�quated terminology that complicate administra�on of the ordinance. c) Require prepara�on of a plan to prevent and remediate any contaminant releases, along with bonds that guarantee remedia�on plans are implemented, for projects in areas subject to sea-level rise or tsunami inunda�on. Other Uses • Evaluate exis�ng zoning that regulates private land on public airports. Update as needed in coordina�on with Airport staff. Zoning Districts and Development Standards Environmental Standards • COS-A5.3: Amend the County Ordinance Code to apply the creek setback requirements in Title 9 - Subdivisions to all projects, including those that are not part of a subdivision. • HS-A1.2: In consulta�on with BAAQMD and community stakeholders, amend County Ordinance Code Title 8 – Zoning to create an Air Pollu�on Exposure Overlay Zone around freeways that requires new construc�on in these areas to install enhanced ven�la�on systems and other strategies to protect people from respiratory, heart, and other health effects associated with breathing polluted air. • HS-A1.3: In consulta�on with BAAQMD and community stakeholders, amend County Ordinance Code Title 8 – Zoning to include an Industrial-Sensi�ve Receptor Interface Overlay Zone applied to areas where residen�al land uses and other sensi�ve receptors interface or directly abut heavy industrial land uses. In the overlay zone, require industrial uses to reduce pollu�on and employ strategies to mi�gate air quality, noise, vibra�on, odor, light, visual, and safety impacts on nearby sensi�ve receptors. In addi�on, require new sensi�ve receptors to install enhanced ven�la�on systems and implement other strategies, paid for by neighboring sources of pollu�on to the extent possible, to protect residents from health and quality of life impacts. • LU-P2.6: Encourage clustering of allowable densi�es through use of Planned Unit District zoning to reduce development footprints and protect scenic resources, natural features, floodplains, and open spaces. 119 Residential Standards • HE-A5.4 Ac�on: Con�nue to offer density bonuses and to update the local density bonus ordinance to maintain consistency with state law. Transportation & Parking Standards • Work with Transporta�on staff and the Public Works Department to develop strategies to incen�vize alterna�ve modes of transporta�on, including walking. Strategies may include in lieu fees for traffic/pedestrian improvements and off-site parking for certain projects. Other Development Standards • Update the “Nonconforming use” sec�on (82-34.602) of the code to clarify separate requirements for non-conforming uses and non-conforming structures and how they can or cannot be repaired, replaced, or expanded. • SC-A2.1: Study the feasibility of implemen�ng an amor�za�on process to eliminate non-conforming land uses. • Review and evaluate exis�ng policies on private vs. public roadways for subdivisions. Update as needed. Zoning Map Updates • Establish consistency between the General Plan and zoning in Canyon by rezoning the por�on of the community designated R-20 Single-Family Residen�al District to A-3 Heavy Agricultural District or its successor zoning district. If possible in the future, amend the General Plan land use designa�on and zoning to accurately represent and respect Canyon’s unique topographical characteris�cs and historical development patern, including exis�ng and historical uses, buildings, structures, lot sizes, roadways, and open spaces, while protec�ng public health, safety, and general welfare. This may include adop�on of Planned Unit District zoning with tailored development and design regula�ons that reflect and facilitate exis�ng and an�cipated land uses in Canyon and support the unique, historic community’s rural residen�al character. (Canyon, Ac�ons, #3) Separate Items: These are projects that are already in progress and/or are not considered as part of the comprehensive zoning update. Land Use Regula�ons  Update uses allowed or not allowed in agriculturally-zoned districts based on findings from recent staff efforts on agricultural land regula�on. Zoning Districts and Development Standards Environmental Standards  COS-A6.1: Update County Ordinance Code Chapter 816-6, Tree Protection and Preservation, to enhance tree protec�ons and strengthen mi�ga�on requirements/res�tu�ons for tree removal.  COS-A13.1: Update County Ordinance Code Chapter 88-11, Surface Mining and Reclamation, as necessary to maintain consistency with the Surface Mining and Reclama�on Act (SMARA). Residential Standards  HE-A2.3: Increase the supply of affordable housing through implementa�on of the Inclusionary Housing Ordinance (IHO). Provide incen�ves for developers subject to IHO who provide affordable units with three or more bedrooms in areas of concentrated overcrowding. 120  HE-A2.5: Maintain consistency with ADU State law in the County Ordinance Code. Promote ADU construc�on in high-resource areas/areas of concentrated affluence. Discuss the op�on of ADUs with applicants when they call or come into the planning counter. Other Development Standards  HS-A14.1: Study the feasibility of adop�ng a noise ordinance establishing maximum exterior noise levels of sensi�ve receptors for noise generated by permanent and temporary sta�onary, non-transporta�on sources and construc�on sources.  Update and clarify sec�ons of the Wireless Telecommunication Facilities Ordinance (Chapter 88-24) regarding defini�ons (e.g., structures as it applies to PG&E poles) and pole extension measurements to comply with new FCC ruling.  Update and refine the Signs Ordinance (Chapter 88-6). 121 APPENDIX B – KEY USER SURVEY RESULTS 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Comprehensive Zoning Code Update Joseph W. Lawlor Jr, AICP Board of Supervisors – June 4, 2024 1 145 Envision Contra Costa General Plan Zoning Ordinance Climate Action Plan 2 146 Zoning Update Report (ZUR) BOS Review »What is the ZUR »Timeline »Recommendations »BOS Considerations and Q&A 147 What is the ZUR? »Our roadmap for the comprehensive Zoning Code update. »Background research, best practices, and initial recommendations for the Code update. »Informed by 130 public and community-organized meetings. »Where we are now and where we would like to go. »It does not provide each and every detail. 148 Zoning Update Core Principles 5 Align regulations and procedures with the Contra Costa County 2045 General Plan goals, policies, and actions. Ensure that the Code is accessible and easy to use. Establish a clear and transparent planning review process that enables fair, predictable review, protection of the public interest, and effective public involvement, as appropriate. Support zoning regulations that reflect existing development patterns or provide visionary regulations where appropriate. 149 Timeline 6 Phase I Required Housing Element updates Phase II Majority of updates •Code Organization •Definitions •Land Use Districts and Development Standards •Land Use Map Phase III Larger Projects that need special attention •Hazardous Waste and Hazardous Material Ordinance •Air Pollution Overlay Zone around freeways Supplemental Materials & Docs 150 Recommendations 7 »Code Accessibility •Reorganize Code Divisions And Chapters •Use Plain Language And Remove Outdated Or Unnecessary Terms •Incorporate Tables, Matrices, And Lists •Illustrate Standards With Images And Diagrams »Administrative Procedures •Clarify Administrative Procedures •Establish A New Minor Use Permit •Right-size Permit Requirements 151 Recommendations Continued 8 »Land Use Regulations •Apply Use Tables •Reflect Comprehensive And Contemporary Land Uses »Zoning Districts and Development Standards •Update Districts To Be Consistent With The General Plan •Apply Clear Development Standards •Incorporate Flexible and Modern Standards 152 BOS Considerations and Q&A »Direction from the Board whether these changes are the right direction for the comprehensive Zoning Code update. »Have we missed any big picture items? »Are there principles, other than those outlined in the Zoning Update Report, that should guide the comprehensive Zoning Code update? »Comments will be recorded and incorporated into ZUR as appropriate. 153 Comprehensive Zoning Code Update Joseph W. Lawlor Jr, AICP Board of Supervisors – June 4, 2024 10 154 B yro n H w y Camino Diablo M ain St Camino Diablo Holway Dr1st St Map Created 6/1/2023 by Contra Costa County Department of Conservation and Development, GIS Group 30 Muir Road, M artinez, CA 94553 37:59:41.791N 122:07:03.756WI0390780195 Fe et This map was created by the Contra Costa County Departm ent of Conservation and Development with data from the Contra Costa County GIS Program. Som e base data, primarily City Lim its, is derived from the CA State Board of Equalization's tax rate areas. While obligated to use this data the County assum es no responsibility for its accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. U sers of this m ap agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. APN: 002-140-010, 025, 027General Plan Amendment Study (CDGP10-00003)General Plan Designations B yro n H w y Camino Diablo M ain St Camino Diablo Holway Dr1st St Curr ent General Plan Pr oposed General Plan SITE SITE Project Site Parcels General Plan Designations SM (Single Fam ily Resi - M edium) SH (Single Fam ily Resi - H igh) HEC (Housing Element Consistency) MM (Multiple Family Resi - Medium) CO (C omm ercial) LI (Light Industry) PS (Public/Semi-Public) AL (Agricultural Lands) AL LI SH CO SH MM CO SH SH SM PS LI AL HEC AL HEC SM PS MM CO PS AL AL OF PS 155 B yro n H w y Camino Diablo M ain St Camino Diablo Holway Dr1st St Map Created 6/1/2023 by Contra Costa County Department of Conservation and Development, GIS Group 30 Muir Road, M artinez, CA 94553 37:59:41.791N 122:07:03.756WI0390780195 Fe et This map was created by the Contra Costa County Departm ent of Conservation and Development with data from the Contra Costa County GIS Program. Som e base data, primarily City Lim its, is derived from the CA State Board of Equalization's tax rate areas. While obligated to use this data the County assum es no responsibility for its accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. U sers of this m ap agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. APN: 002-140-010, 025, 027General Plan Amendment Study (CDGP10-00003)Zoning B yro n H w y Camino Diablo M ain St Camino Diablo Holway Dr1st St Curr ent Zoning Pr oposed Zoning SITE SITE Project Site ParcelsZoning R-6, -UE (Urban Farm Animal Exclusion) R-10, -UE (Urban F arm Animal Exclusion) R-40, -UE (Urban F arm Animal Exclusion) A-2 (General Agricultur e) A-2, -SG (Solar Energy Gen. Com b Dist. A-2 -X (Railroad C orridor Comb. Dist.) R-B (Retail Business) C (General Commercial) C -X (Railroad Corridor C omb. D ist.) HE-C -UE (Urban Farm Animal Exclusion) A-2 C A-2 R-B R-6, -UE A-2, -X R-6, -UE R-10, -UE C A-2 HE-C -UE A-2HE-C, -UE R-10, -UEC, -X R-B A-2, -X A-2,SG C, -X R-B R-6, -UE A-2,SG R-6, -UE A-2 A-2 R-40, -UE R-40, -UE 156 B y r o n H w y Camino Diablo M a i n S t By ron Hwy A-2 R-6 -UE A-2 A-2 -X A-2 C C -X R-B R-B ORDINANCE NO._____________ (Re-Zoning Land in the __________________________ Area) The Contra Costa County Board of Supervisors ordains as follows: Pages _______________ of the County's 2005 Zoning Map (Ord. No. 2005-03) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Department of Conservation and Development File No. _____________________ .) FROM: Land Use District ______________ (_______________________________________) TO: Land Use District ______________ (_______________________________________) and the Department of Conservation and Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.002. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the __________________________________ , a newspaper published in this County. PASSED on ________________by the following vote: Supervisor SECTION II. EFFECTIVE DATE. SECTION I: Aye No Absent Abstain 1. J. Gioia ( ) ( ) ( ) ( ) 2. C. Andersen ( ) ( ) ( ) ( ) 3. D. Burgis ( ) ( ) ( ) ( ) 4. K. Carlson ( ) ( ) ( ) ( ) 5. F.D. Glover ( ) ( ) ( ) ( ) ATTEST: Monica Nino, County Administrator and Clerk of the Board of Supervisors __________________________________________________ Chair of the Board By__________________________________, Dep. (SEAL) ORDINANCE NO._____________ CDRZ13-03222 - Continental Development Consultants 2024-12 Byron Q-27 CDRZ13-03222 A-2 R-B (General Agricultural) (Retail Business) 2024-12 Page 1 of 1 157 CONTRA COSTA COUNTY DEPARTMENT OF CONSERVATION AND DEVELOPMENT COMMUNITY DEVELOPMENT DIVISION 30 Muir Road Martinez, CA 94553-4601 Phone: 925-655-2700 Fax: 925-655-2758 AGENCY COMMENT REQUEST Date____________ We request your comments regarding the attached application currently under review. DISTRIBUTION INTERNAL ___ Building Inspection ___ Grading Inspection ___ Advance Planning ___ Housing Programs ___ Trans. Planning ___ Telecom Planner ___ ALUC Staff ___ HCP/NCCP Staff ___ APC PW Staff ___ County Geologist HEALTH SERVICES DEPARTMENT __ Environmental Health __ Hazardous Materials PUBLIC WORKS DEPARTMENT __ Engineering Services (1 Full-size + 3 email Contacts) __ Traffic __ Flood Control (Full-size) __ Special Districts LOCAL __ Fire District ___ San Ramon Valley – (email) rwendel@srvfire.ca.gov ____ Consolidated – (email) fire@cccfpd.org ____ East CCC – (email) brodriguez@eccfpd.org __ Sanitary District __ Water District __ City of __ School District(s) __ LAFCO __ Reclamation District #_______ __ East Bay Regional Park District __ Diablo/Discovery Bay/Crockett CSD __ MAC/TAC __ Improvement/Community Association _ CC Mosquito & Vector Control Dist (email) OTHERS/NON-LOCAL __ CHRIS (email only: nwic@sonoma.edu) __ CA Fish and Wildlife, Region 3 – Bay Delta __ Native American Tribes ADDITIONAL RECIPIENTS Please submit your comments to: Project Planner Phone # E-mail County File # Prior to * * * * * We have found the following special programs apply to this application: ____ Active Fault Zone (Alquist-Priolo) ____ Flood Hazard Area, Panel # ____ 60-dBA Noise Control ____ CA EPA Hazardous Waste Site High or Very High FHSZ * * * * * AGENCIES: Please indicate the applicable code section for any recommendation required by law or ordinance. Please send copies of your response to the Applicant and Owner. Comments: ___ None ___ Below ___ Attached Print Name Signature DATE Agency phone # REVISED 08/12/2019. TO PRINT MORE COPIES: G:\Current Planning\APC\APC Forms\CURRENT FORMS\PLANNING\Agency Comment Request.doc Alcohol Planner Francisco Avila (925) 655-2866 CDLP13-02025 Dominique Vogelpohl 6/15/2023 (925) 655-2880 Francisco.Avila@dcd.cccounty.us Recommendation for approval: Section 82-38.604 - Restrictions: Is the property within. . . - a crime reporting district per Section 82-38.604(a)(3) - no - 600' of a crime reporting district per Section 82-38.604(a)(3) - yes; no reports of concern - 700' alcohol sales - no; residential and industrial - 400' school - no - 400' public park - no - 400' church - no - 400' hospital - no - 400' rehab facility - no - 400' social service office - no Section 82-38.606 - Findings: Is the property within . . . - an area that has been determined by ABC to have an undue concentration of licenses - no 4 4 158 159 From:Will Nelson To:Francisco Avila Subject:RE: Request for Findings Regarding Byron Corners GP Amendment, County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025.... Date:Thursday, June 8, 2023 5:02:09 PM Attachments:GP10-0003_GPA_Findings.docx image002.png Hello Francisco, The GPA findings are attached. Please let me know if there’s anything else you need. -Will William R. Nelson Principal Planner Contra Costa County Department of Conservation and Development 30 Muir Road, Martinez, CA 94553 Phone (925) 655-2898 Web www.contracosta.ca.gov We’re planning for the future of Contra Costa County. Learn more and get involved at envisioncontracosta2040.org. This message was sent from a public e-mail system and may be subject to disclosure under the California Public Records Act. From: Francisco Avila <Francisco.Avila@dcd.cccounty.us> Sent: Thursday, May 25, 2023 4:42 PM To: Will Nelson <Will.Nelson@dcd.cccounty.us> Subject: RE: Request for Findings Regarding Byron Corners GP Amendment, County File #CDGP10- 00003, CDRZ13-03222 and CDLP/DP13-02025.... Hello, June 28th. 160 From:Robert Sarmiento To:Harsev Singh; Francisco Avila Cc:Praveena Samaleti; ckinzel; jasvirshahi@att.net; Sukhjit "Tony" Singh; Jeff Valeros Subject:RE: Response to Agency Comments- RZ13-3222 and LP13-2025- Byrons Corner Impact Study (15031, 15045 & 15057 BYRON HWY. BYRON, CA 94514) Date:Thursday, January 6, 2022 8:47:34 AM Attachments:image001.png Good morning, Harsev, Francisco, Thanks for submitting the revised traffic study with the appropriate changes in response to my two outstanding comments. The changes are acceptable to me. I have no other comments on the traffic study. Robert Sarmiento Contra Costa County Department of Conservation and Development Transportation Planning Section (925) 655-2918 (***New Phone Number***) Robert.Sarmiento@dcd.cccounty.us What should Contra Costa County be and look like in 20 years? Check out EnvisionContraCosta2040.org and let us know! From: Harsev Singh <singh.harsev@continentaldc.com> Sent: Tuesday, January 4, 2022 1:31 PM To: Robert Sarmiento <Robert.Sarmiento@dcd.cccounty.us> Cc: Praveena Samaleti <psamaleti@tjkm.com>; ckinzel <ckinzel@tjkm.com>; jasvirshahi@att.net; Sukhjit 'Tony' Singh <tony@continentaldc.com>; Francisco Avila <Francisco.Avila@dcd.cccounty.us>; Jeff Valeros <Jeff.Valeros@pw.cccounty.us> Subject: Response to Agency Comments- RZ13-3222 and LP13-2025- Byrons Corner Impact Study (15031, 15045 & 15057 BYRON HWY. BYRON, CA 94514) Hello Robert, Happy New Year! As per our discussions in the emails below and in order to resolve the pending comments, our traffic consultants at TJKM have prepared the attached response letter and technical memo. Please advise on the review timeline. Regards, 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 Page 1 of 2 LEAD AGENCY - Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Phone:1-855-323-2626 April 19, 2023 Contra Costa County John Kopchik Director Ruben Hernandez Deputy Director Jason Crapo Deputy Director Maureen Toms Deputy Director Gabriel Lemus Assistant Deputy Director NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION County File #’s CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Pursuant to the State of California Public Resources Code and the “Guidelines for Implementation of the California Environmental Quality Act of 1970” as amended to date, this is to advise you that the Community Development Division of the Department of Conservation and Development of Contra Costa County has prepared an Initial Study for the following project: PROJECT TITLE: Byron Corners General Plan Amendment and Rezone APPLICANT: Continental Dev. Consultants, Inc. Attn: Tony Singh, Ph. (702) 664-6237 P.O. Box 1924 Woodland, CA 95776 LOCATION: The project site is located at 15031 Byron Highway, Byron, CA 95514. This location is with unincorporated Contra Costa County. The project site and immediate unincorporated County lands are surrounded by a mixture of single- family residences, Union Pacific Railroad Company and various agricultural uses. (Assessor Parcel Numbers: 002-140-010, 002-140-025 and 002-140-027) (Zoning: A-2 General Agricultural District and R-B Retail Business District) (General Plan Land Use Designation: Single-Family Residential-High Density) PROJECT DESCRIPTION: The applicant is requesting approval of a General Plan amendment (GPA), Rezoning and Land Use Permit/Development Plan to allow for the following: 1. GPA from Single-Family Residential-High Density to Commercial (CO), 2. Rezoning from A-2 General Agricultural District to R-B Retail Business District (R-B), 3. Land Use Permit/Development Plan combination, 185 Page 2 of 2 4. Demolition of a 908 square-foot existing gas pump canopy, 5. Demolition of a 2,180 square-foot convenient store, 6. Construction of a new 4,652 square-foot gas pump canopy, 7. Construction of a new 3,542 square-foot convenient store, 8. Construction of a new 1,151 square-foot restaurant, 9. Type 21 Alcohol Sales License – Off Sale General (beer, wine, and distilled spirits for consumption off the premises where sold). The project will also include 23 off-street parking spaces (2 American with Disabilities Act compliant spaces and 2 Electric Vehicle spaces), 12 new gas pumps, a 54 square-foot monument sign, access improvements, drainage improvements, and landscaping. Site preparation will consist of 2,048.77 cubic yards of grading (183.76 cubic yards of cut, and 1,865.01 cubic yards of import) which will result in raising the elevation of the property approximately 2 feet. One existing well will be decommissioned and relocated to the southeastern portion of the site. POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT: Pursuant to Article 9 of the California Environmental Quality Act (CEQA), the Initial Study describes the proposed Project; identifies, analyzes, and evaluates the environmental impacts which may result from the proposed Project; and identifies measures to mitigate adverse environmental impacts. The mitigations identified are designed for the proposed Project to ensure that the Project will not cause a significant impact on the environment. The Initial Study for the proposed Project identified potentially significant impacts in the environmental topics of air quality, cultural resources, hazards/hazardous materials, transportation, and tribal cultural resources. Environmental analysis determined that measures were available to mitigate potential adverse impacts to less-than-significant levels. As a result of the above, a mitigated negative declaration has been prepared pursuant to Public Resources Code Section 21080(c) of the California Environmental Quality Act (CEQA) Guidelines. WHERE TO REVIEW THE INITIAL STUDY: The Initial Study can be viewed online at the following link: (California Environmental Quality Act (CEQA) Notifications | Contra Costa County, CA Official Website) Any sources of information referenced in Initial Study can be provided upon request by contacting the project planner. PUBLIC COMMENT PERIOD: Prior to adoption of the Initial Study, the County will be accepting comments on the adequacy of the document during a 30-day public comment period; the Initial Study may be certified at a future date in a public hearing following the public comment period. The period for accepting comments on the adequacy of the environmental document will begin on Wednesday, April 19, 2023, and extends to Friday, May 19, 2023, until 4:00 P.M. Any comments should be in writing and submitted to the following address: Francisco Avila, Principal Planner Community Development Division Contra Costa County, Department of Conservation and Development 30 Muir Road, Martinez, CA 94553 OR emailed to Francisco.Avila@dcd.cccounty.us 186 Page 3 of 2 Sincerely, Francisco Avila Francisco Avila Principal Planner (925) 655-2866 Francisco.Avila@dcd.cccounty.us cc: County Clerk’s Office (2 copies) Adjacent Occupants and Property Owners Notification List attach: Vicinity Map 187 0.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.0 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.020 1:1,128 Vicinity Map Board of Supervisors' Districts City Limits Unincorporated Address Points Streets Building Footprints Assessment Parcels World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations 188 California Environmental Quality Act Environmental Checklist Form 1. Project Title: Byron Corners General Plan Amendment and Rezone County File #’s CDGP10-00003, CDRZ13-03222, and CDLP/DP13-02025 2. Lead Agency Name and Address: Contra Costa County Department of Conservation & Development Community Development Division 30 Muir Road Martinez, CA 94553 3. Contact Person and Phone Number: Francisco Avila, Principal Planner, (925) 655-2866 4. Project Location: 15031 Byron Highway Byron, CA 95514 APN #’s: 002-140-010, 025 and 027 5. Project Sponsor's Name and Address: Jasvir Singh (Owner) 15031 Byron Highway Byron, CA 95514 Tony Singh (Continental Dev. Consultants – Applicant) P.O. Box 1924 Woodland, CA 95776 6. General Plan Land Use Designation(s): The site currently has a General Plan land use designation of Single-Family Residential-High Density (SH). This land use designation allows a density of 5.0 and 7.2 single family units per net acre. Primary land uses which are permitted in this designation include single-family homes and accessory structures, as well as, small residential care and childcare facilities, churches, and other similar places of worship. 7. Zoning: The site has dual zoning of A-2 General Agricultural District (A-2) and R-B Retail Business District (R-B). The A-2 zoning district requires a 5-acre minimum parcel size and the R-B zoning district requires a minimum of 3,500-square-feet in area. The A-2 General Agricultural District is intended to provide areas primarily for the commercial production of food and fiber and other compatible uses. The R-B Retail Business District is intended to provide areas consisting of service orientated activities such as, convenient stores, contractor’s yards, and various shops, given that the activity does not create significant amounts of odors, dust, or smoke. 8. Setting, Site Description & Surrounding Land Uses: The subject site consists of three irregularly shaped parcels (APN’s: 002-140-010, 002-140-025, and 002-140-027) located in a rural area of Byron. The northern portion of the site is developed with a gas station, convenient store and small restaurant. Access to the gas station is achieved via two driveways, one directly adjacent to Byron Highway and the other on Camino Diablo. The southern portion of the site is developed with a single-family residence. The subject site and surrounding properties are within a Flood Zone B boundary. Parcels in the vicinity range in size from 0.30-acre residential sites, to over 100-acre agricultural operations. Other zoning districts in the immediate vicinity are A-2 General Agricultural District, R-6 Single-Family Residential District, and General Commercial. The Union Pacific Railroad Company owns and operates a railroad directly to the east of the site. 189 2 9. Project Description: The applicant is requesting approval of a General Plan amendment (GPA), rezoning and land use permit/development plan to allow for the following: 1. GPA from Single-Family Residential-High Density to Commercial (CO), 2. Rezoning from A-2 General Agricultural District to R-B Retail Business District (R-B), 3. Land Use Permit/Development Plan combination, 4. demolition of a 908 square-foot existing gas pump canopy, 5. demolition of a 2,180 square-foot convenient store, 6. construction of a new 4,652 square-foot gas pump canopy, 7. construction of a new 3,542 square-foot convenient store, 8. construction of a new 1,151 square-foot restaurant. 9. Type 21 Alcohol Sales License - Off Sale General (beer, wine, and distilled spirits for consumption off the premises where sold). The project will also include 23 off-street parking spaces (2 Americans with Disabilities Act compliant spaces and 2 Electric Vehicle spaces), 12 new gas pumps, a 54 square-foot monument sign, access improvements, drainage improvements, and landscaping. Site preparation will consist of 2,048.77 cubic yards of grading (183.76 cubic yards of cut, and 1,865.01 cubic yards of import) which will result in raising the elevation of the property approximately 2 feet. One existing well will be decommissioned and relocated on the southeastern portion of the site. 10. Other Public Agencies Whose Approval is Required (e.g. permits, financing, approval or participation agreement): Various; General Plan amendments and rezoning applications are a legislative act under the sole purview of the County Board of Supervisors, however, this project includes a land use permit/development plan combination request for the demolition and re- construction of a new gas station, convenient store and restaurant. That land use permit is subject to regulations administered by the Department of Conservation and Development, Building Inspection Division, Contra Costa County Public Works Department, Contra Costa County Health Services Department, Byron Sanitary District, and Consolidated/East Contra Costa County Fire Protection District. 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? In accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to Request Consultation was sent to the Wilton Rancheria and Confederated Villages of Lisjan Nation, the two California Native American tribes that have requested notification of proposed projects within Contra Costa County. No request for consultation has been received to date. 190 3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture & Forest Resources Air Quality Biological Resources Cultural Resources Geology & Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology & Water Quality Land Use & Planning Mineral Resources Noise Population & Housing Public Services Recreation Transportation/Traffic Utilities & Service Systems Mandatory Findings of Significance __Wildfire ___Energy ___Tribal Cultural Resources  None of the above DETERMINATION On the basis of this Initial Study: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.  I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. __________________________________ ____________________ Signature Date Francisco Avila Principal Planner Contra Costa County Department of Conservation & Development Francisco Avila April 19, 2023 191 4 SOURCES In the process of preparing the Initial Study Checklist and conducting the evaluation, the following references, which are available for review either online or at the Contra Costa County Department of Conservation & Development, 30 Muir Road, Martinez, were consulted: 1. General Plan amendment study and application dated December 17, 2010, Rezone and Land Use Permit application dated January 31, 2013 (revised plans dated, September 2020, traffic analysis dated July 2022 and Traffic Technical Memorandum dated January 6, 2023). 2. Contra Costa County General Plan 2005-2020 3. Contra Costa County Code – Title 8 Zoning Ordinance 4. Contra Costa County Geographic Information System 5. Contra Costa County Land Information System 6. Contra Costa County Important Farmland Map 2008 prepared by the California Department of Conservation 7. Public Resources Code section 12220(g) 8. Public Resources Code section 4526 9. Government Code section 51104(g) 10. California Environmental Quality Act (CEQA) as amended January 1, 2014, and CEQA Guidelines amended as of May 2011 11. Bay Area Air Quality Management District CEQA Guidelines dated May 2017. 12. Bay Area Air Quality Management District proposed Thresholds of Significance for Greenhouse Gas Emissions 13. California Department of Toxic Substances Control website 14. Association of Bay Area Governments Geographic Information Systems, Hazard Maps – Wildland Urban Interface Fire Threat 15. Federal Emergency Management Agency Flood Insurance Rate Map 16. Association of Bay Area Governments Geographic Information Systems, Hazard Maps – Dam Failure Inundation Areas 17. Agency Comments 18. Contra Costa County Code – Title 4 Health and Safety 192 5 EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS – Except as provided in Public Resources Code Section 21099, would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Have a substantial adverse effect on a scenic vista?  b. Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?  c. In non-urbanized area, substantially degrade the existing visual character or quality of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?  d. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?  Impact: Less Than Significant Impact Summary a-d: The subject site is located at the southeast corner of the Byron Highway/Camino Diablo intersection. Both roads are County-designated scenic routes. The vast majority of surrounding properties has been developed with single-family residences and other light industrial uses on the west side of Byron Highway. The act of a GPA and rezoning by itself would not impact trees, rock outcroppings, or other scenic resources, and would not introduce substantial light or glare to the area. However, the applicant is requesting approval of a land use permit/development plan to demolish the existing gas station and convenient store and construct new ones at the subject site. As proposed, the applicant intends to combine the parcels via a lot line adjustment. The northern portion of the site is currently developed with a gas station and convenient store; therefore, no aesthetic impacts are anticipated for that portion of the project as it would be essentially replacing an existing use. However, the southern portion of the site is currently vacant and construction of the new convenient store in this area would result in a minor aesthetic change to the subject intersection. Nevertheless, as mentioned above, the properties surrounding the subject site are completely developed with a variety of uses. Therefore, there are no anticipated significant impacts to the scenic quality or aesthetics of the immediate area. II. AGRICULTURE & FOREST RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agricultural and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection and state’s inventory of forest land, including the Forest and Range Assessment Project; and forest carbon 193 6 measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use?  b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract?  c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)?  d. Result in the loss of forest land or conversion of forest land to non-forest use?  e. Involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use?  Impact: None Summary a-e: The proposed project includes a rezone the site in order to demolish and re-construct an existing gas station and convenient store/restaurant. The California Department of Conservation, 2015 California Important Farmland Map, indicates that the site is designated Urban and Built-Up Land. Thus, there would be no impact to farmland designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. There is no Williamson Act contract associated with this property, therefore, no conflict with a Williamson Act contract would occur. The site does not qualify as forest land under Public Resources Code section 12220(g) and timberland under Public Resources Code 4526. No physical changes are proposed that would directly impact forest/timber resources. Rezoning a portion of the site from A-2 to R-B would not increase the likelihood of conversion of forest land to non-forest use because the site is completely developed and devoid of any realistic timber resources. 194 7 III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Conflict with or obstruct implementation of the applicable air quality plan?  b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or State ambient air quality standard?  c. Expose sensitive receptors to substantial pollutant concentrations?  d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?  Impact: Less Than Significant with Mitigation Bay Area Air Quality Management District CEQA Guidelines Management of air quality in the San Francisco Bay Area Air Basin is the responsibility of the Bay Area Air Quality Management District (BAAQMD). The BAAQMD is responsible for bringing and/or maintaining air quality in the Basin within federal and state air quality standards. Specifically, the BAAQMD has the responsibility to monitor ambient air pollutant levels throughout the Basin and to develop and implement attainment strategies to ensure that future emissions would be within federal and state standards. In April 1996 the BAAQMD prepared its BAAQMD CEQA Guidelines as a guidance document to provide lead government agencies, consultants, and project proponents with uniform procedures for assessing air quality impacts and preparing the air quality sections of environmental documents for projects subject to CEQA. The Guidelines were revised by the BAAQMD in May 2011 and again in 2017. This document describes the criteria that the BAAQMD uses when reviewing and commenting on the adequacy of environmental documents. The Guidelines recommend thresholds for use in determining whether projects would have significant adverse environmental impacts, identify methodologies for predicting project emissions and impacts, and identify measures that can be used to avoid or reduce air quality impacts. This Initial Study section was prepared in accordance with the principles outlined in the Guidelines. Summary a-b: The project includes a GPA to change the current SH designation to CO and to rezone a portion of the site from A-2 to R-B. Although the CO and R-B designations allow certain land uses that are more intense than the uses allowed in the SH and A-2 designations, the likelihood of those uses being developed is extremely low because of the subject proximity to residential uses. It is far more reasonable to expect that the property will remain a gas station/convenient store/restaurant use as the capital investment to re-develop the site once established will be a considerable hurdle for future projects. 195 8 Even if the property were eventually developed with some of the more intense uses allowed in the CO and R-B designations (such as a contractor’s yard), it is extremely unlikely that emissions would result in significant impacts. Table 6 of the BAAQMD CEQA Guidelines lists projects likely to generate potentially significant emissions of NOx. Such projects include single-family residential developments of 320 units, supermarkets of 24,000 square feet, office parks of 210,000 square feet, and hotels containing 460 rooms. While Table 6 addresses only one of the criteria pollutants, the Guidelines state that Table 6 may be used to screen projects to determine the likelihood that the significance thresholds might be exceeded. As nothing of that scale could reasonably be expected to be developed at the subject property, the County has determined that even in the worst-case scenario, the proposed GPA and rezoning would not lead to production of significant amounts of criteria pollutants and thus the individual impact on air quality would be less-than-significant. Furthermore, a search for other projects in the immediate area resulted in no projects that could cumulatively result in a significant impact when considered with this project. Summary c-d: Potential impacts to air quality which may affect sensitive receptors, or the general public would be from exhaust emissions from equipment related to pre-development improvements (e.g. demolition and grading), and the construction of the project, which would occur over a limited period of time. As mentioned above, the Bay Area Air Quality Management District (BAAQMD) is the agency responsible for maintaining federal and state air quality standards within the San Francisco Bay Area Air Basin. Exhaust emissions and particulate matter (such as those from demolition equipment) produced by construction activities are regarded by BAAQMD as less than significant if dust and particulate control measures are implemented. During the operational phase of the project, idling diesel trucks during re-fueling would emit toxic air pollution. Effective February 1, 2015, the California Air Resources Board, adopted the Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling (Measure). The purpose of the Measure is to reduce the exposure of the public to diesel emissions by limiting the idling of diesel-fueled commercial motor vehicles to no more than 5 minutes. The following air quality management mitigations will ensure that air quality standards are maintained during construction and operational activities related to the project. Potential Impact (3 - 1): Exhaust emissions and particulates produced by demolition and construction related to the project may cause exposure of the public or sensitive receptors to significant amounts of pollutants or objectionable odors. Mitigation Measure AIR-1: The following Bay Area Air Quality Management District, Basic Construction mitigation measures shall be implemented during project demolition and construction and shall be included on all construction plans: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). 196 9 f. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). g. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. h. Replant vegetation in disturbed areas as quickly as possible. i. All vehicle speeds on unpaved roads shall be limited to 15 mph. j. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. k. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. l. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. m. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. IV. BIOLOGICAL RESOURCES – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish & Wildlife Service?  b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish & Wildlife Service?  c. Have a substantial adverse effect on federally protected wetlands (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?  197 10 d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?  e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance?  f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan?  Impact: No Impact Summary a-e: Each portion of the project site has been completely disturbed for many decades (covered with asphalt, etc.). No riparian, wetland or sensitive natural community is located on or near the project location. As explained in the project description above, the project is to expand uses that are currently located on the project site. No potential future uses could realistically be established under the proposed R-B zoning that would affect biological resources because none exist at this location. Therefore, the GPA, rezoning and project construction poses no realistic threat to biological resources. Summary f: No Habitat Conservation Plan, Natural Community Conservation Plan, or other local, regional, or state habitat conservation plan has been approved or adopted for the project site or its vicinity. V. CULTURAL RESOURCES – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?  b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?  c. Disturb any human remains, including those interred outside of formal cemeteries?  Impact: Less Than Significant With Mitigation Summary a-c: CEQA Guidelines Section 15064.5 defines historical resources as follows: “a) For purposes of this section, the term "historical resources" shall include the following: 198 11 (1) A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub. Res. Code, § 5024.1, Title 14 CCR, Section 4850 et seq.). (2) A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant. (3) Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency's determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code, § 5024.1, Title 14 CCR, Section 4852) including the following: (A) Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; (B) Is associated with the lives of persons important in our past; (C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (D) Has yielded, or may be likely to yield, information important in prehistory or history.” No historical resources are apparent onsite and no substantial excavation is expected as a result of the project. Therefore, there would be little potential to impact historical resources as a result of the proposed GP, rezoning and related construction. Nevertheless, the following mitigation will address the potential that unforeseen resources are discovered, thus, resulting in a less than significant impact for the project. Potential Impact (5 - 1): During the construction phases of the project, there is a potential to discover unexpected human remains or historic resources. Mitigation Measure CUL–1: Stop work and conduct an evaluation of accidental discovery of human remains or find. Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner’s authority. 199 12 If human remains are encountered, work shall halt within 50-feet of the find and the County Coroner notified immediately. At the same time, an archaeologist should be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendent to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. All work shall be postponed until a qualified archaeologist has had an opportunity to evaluate any potential find. VI. ENERGY – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?  b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?  Impact: Less Than Significant Impact Summary a: The project includes demolition and rebuilding of a gas station, convenient store and restaurant. As part of the construction phase of the project, employees and/or contractors would be required to comply with the CalGreen/Construction and Demolition Debris Recovery Program. The program requires at least 65% by weight of job site debris to be recycled, reused, or otherwise diverted from landfill disposal. The end use of the project is similar to the current use, which will not significantly increase energy use. Compliance with CalGreen and the lack of substantial energy needs during construction or post-construction operation of the site suggests the project would have a less than significant impact regarding wasteful use of energy resources. Summary b: The State of California has taken steps to increase the efficiency of vehicles and other construction equipment to provide more renewable energy. Legislation is routinely passed and codified to address climate change and clean energy production. Based on the fact that no new uses are proposed and construction equipment would be required to meet energy efficiency standards, there is no part of the proposed project that suggests it would impede any State or Local initiatives that are aimed at increasing renewable energy or efficiency. Therefore, the project would result in a less than significant impact. VII. GEOLOGY AND SOILS – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 200 13 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.  2. Strong seismic ground shaking?  3. Seismic-related ground failure, including liquefaction?  4. Landslides?  b. Result in substantial soil erosion or the loss of topsoil?  c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse?  d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1998), creating substantial risks to life or property?  e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater?  f. Directly or indirectly destroy a unique paleontological resource or site or unique geological feature?  Impact: None Summary a-d: The subject site is not located near any known earthquake faults or steep topography. Changing the zoning from one district to another can’t realistically be expected to expose people or structures to substantial adverse effects, including the risk of loss, injury, or death, involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-related ground failure, or landslide. No significant physical elevation changes to the site are proposed. Therefore, no erosion or loss of topsoil would occur. Nevertheless, all future development would be required to pass the Building Inspection Division plan check process to obtain permits and would be required to address any issues of geologic concern. Summary e: The site is currently serviced by existing sanitary infrastructure in the area. Therefore, there is no potential for impacts regarding soil’s inability to support a waste disposal system. Summary f: The County General Plan has identified areas where paleontological resources or unique geological features are present. The project site is not located in or near any of these areas. 201 14 Furthermore, the site has been developed for many decades which suggests that no resources will be found or disturbed as result of the expansion of the existing business on-site. VIII. GREENHOUSE GAS EMISSIONS – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?  b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?  Impact: Less Than Significant Summary a: The BAAQMD has developed significance thresholds for greenhouse gas emissions as well as screening criteria to assist local agencies in determining whether a project could potentially exceed those thresholds. As the project does not include any elements that exceed those thresholds, it would be unrealistic to determine that this GPA and rezoning application could result in a potentially significant greenhouse gas emission impact. Summary b: BAAQMD guidelines also consider a project less than significant if it is consistent an adopted qualified GHG Reduction Strategy. The County Climate Action Plan (CAP), adopted in December 2015, contains a GHG Reduction Strategy. The project does not conflict with any of the land use and planning policies in the CAP. IX. HAZARDS AND HAZARDOUS MATERIALS – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials?  b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?  c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school?  d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65862.5 and, as a result, would it create a significant hazard to the public or the environment?  202 15 e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?  f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?  g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?  Impact: Less Than Significant With Mitigation Incorporated Summary a-d: The project site is located immediately adjacent to the Byron Highway, which is a well-traveled roadway. The project will expand an existing gas station from 2 pump stations to 6 on a site that has been developed with similar uses for decades. Therefore, it is expected that the project proponent will utilize existing underground storage tanks and related chemicals. Gasoline and diesel would be routinely transported to the site. Typically, gas station fuel systems consist of double wall fiberglass storage tanks. Fuel dispensers and underground piping would also be double walled and include a monitoring and automatic cutoff system. These detailed project elements are regulated by California codes which are typically more stringent that Federal standards. Given compliance with these standards, the project will represent minimal risk of exposure to the public within the immediate area. Implementation of the following mitigation measure would ensure that the routine use, transport, storage, and disposal of hazardous materials would not create a significant hazard to the public or the environment. Potential Impact (8 – 1): Operation of the gas station and other related retail businesses will involve the routine delivery, storage and use of hazardous materials. Mitigation Measure HAZ–1: The project applicant/or owners and operators of businesses on the site shall obtain all required permits and follow all applicable County, State, and Federal regulations regarding the use, storage and disposal of hazardous materials and shall conduct their operations in compliance with such permits and regulations. Summary e: The subject property is not located within an airport land use plan area. Summary f: The proposed gas station project will be located completely within the boundaries of the subject property, and will not interfere with transport or access along any roadways or waterways that may be part of an emergency response or evacuation plan. The proposed project does not propose to remove or alter any existing structures that may be an element of any existing emergency response or evacuation plans. Lastly, the proposed project will not negatively impact any communications methods that may be used during an emergency situation. Summary g: Figure 10-10 in the Safety Element of the County General Plan indicates that the subject site is within a “local responsibility area.” Approval of the proposed rezone would not change the site’s physical characteristics as they pertain to fire hazards, and would not result in substantial 203 16 intensification of land use. Any future development must meet the requirements of the local fire district. Nevertheless, the site does not contain vegetation which would contribute to risk of wildfire. X. HYDROLOGY AND WATER QUALITY – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?  b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?  c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:  i. Result in substantial erosion or siltation on- or off-site;  ii Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;  .iii Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or  iv. Impede or redirect flood flows?  d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?  204 17 e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?  Impact: Less Than Significant Summary a: In the San Francisco Bay Region, the Regional Water Quality Control Board (RWQCB) includes permit requirements for stormwater runoff under the National Pollution Discharge Elimination System (NPDES) program. The RWQCB regulates stormwater runoff from construction activities under the NPDES permit from the State Water Resources Control Board (SWRCB). The Contra Costa County Watershed Program administers the stormwater program for a project after it is constructed. The RWQCB administers the NPDES stormwater-permitting program in the Bay Area. Under current regulations, construction activities of 1 acre or more are subject to the permitting requirements of the NPDES General Permit for Discharge of Stormwater Runoff Associated with Construction Activity (General Construction Permit). Since the project would involve 0.98 acres (plus roadway improvements) of construction activities, it may be subject to these regulations, subject to the review of the RWQCB. Typically, the project applicant must submit a Notice of Intent (NOI) to the SWRCB to be covered by the General Construction Permit prior to the beginning of construction. The General Construction Permit requires the preparation and implementation of a Stormwater Pollution Prevention Program (SWPPP). The project applicant will be required to prepare a Storm Water Pollution Prevention Program (SWPPP) as part of the construction phase of the project. The SWPPP will include specifications for Best Management Practices (BMPs) to be implemented before, during and after project construction to control surface discharge and pollutants. Post construction drainage control will be managed by a system of sub drains, area drains, driveway culverts, and bio-retention/detention basins. These drainage control features are included as part of the Storm Water Control Program (SWCP) which has been reviewed by the Public Works Department. Routine maintenance of the basins/swales will generally involve maintaining unobstructed flow in the swale, preventing and repairing any erosion in the swale, and maintaining healthy vegetation in the swale. Typical routine maintenance will involve the following activities: • Inspecting swales for erosion and exposure of soils, removal of accumulated sediment, and repair of exposed areas; • Periodic inspection of subdrain pipes and driveway culverts beneath the swales for evidence of sediment accumulation or other flow obstructions. Removal of accumulated sediment or flow obstructions; • Inspection and monitoring of soil at the bottom of the swale to maintain uniform percolation. If areas of the swales are not percolating within 48-hours after a storm, the soil would be tilled and replanted; • Periodic examination of vegetation to ensure that it is healthy and dense enough to provide the required filtration and to prevent soil erosion within the swale. Mulch should be replenished, and any fallen leaves or debris should be removed from the swale. Routine 205 18 maintenance will also include mowing the vegetation, which should be limited to removing no more than 1/3 of the height of grasses. Irrigation would be performed so as not to be excessive, but to maintain healthy vegetation; and • As part of vector control activities, any holes in the swale, or areas where water could pond for more than 48-hours, would be promptly backfilled or repaired. If any mosquito larvae are present and persistent, the Contra Costa Mosquito and Vector Control District would be contacted for information and advice. The use of larvicide and other pesticides would be kept to an absolute minimum and applied only when necessary by a licensed individual or contractor. The selection, sizing, and preliminary design of the water treatment BMPs identified in the Stormwater Control Plan for the project will be required to meet the requirements of the Regional Water Quality Control Board Order R2-2003-022 as part of the plan’s final review prior to initiation of the project. Contra Costa County Standards and Waste Discharge Requirements. Contra Costa County has jurisdiction over discharge of storm-water runoff as well as drainage facilities within the boundaries of the project site. The Contra Costa County Clean Water Program is the local entity responsible for implementing compliance with the federal Clean Water Act to control stormwater pollution. The Program is comprised of Contra Costa County, 17 incorporated cities, and the Contra Costa County Flood Control and Water Conservation District. The Program complies with the Join Municipal NPDES permit issued by the San Francisco Bay and Central Valley RWQCBs. The permits mandate that participating municipalities implement their approved Stormwater management Plan. The program includes the implementation of BMPs that include construction controls (such as model grading ordinances), legal and regulatory approaches (such as stormwater ordinances), public education and industrial outreach (to encourage reduction of pollutants at various sources), public activities, wet weather monitoring, and special studies. All sotrmwater controls have been designed in accordance with Contra Costa County C.3 handbook guidelines. The project would not violate the provisions of the County’s Clean Water Program. Summary b: Groundwater supplies are verified and appropriately monitored by the County Health Services Department, Environmental Health Division. As part of permitting of the proposed project, the developer will need to obtain authorization from the Environmental Health Division prior to issuance of building permits for this project. This suggests that the project will not have an adverse effect on ground water supplies. Summary c: Although a slight increase in rainwater runoff will be generated as a result of the project, the drainage patterns of the site and area in general will not be significantly altered. The Public Works Department, Engineering Services Division is responsible for review and approval of all drainage improvements for the project. As mentioned above, final drainage plans will need to be reviewed and approved prior to issuance of building permits for the project. Compliance with all applicable codes and regulations suggests that the project’s potential to generate additional sources of polluted runoff or otherwise substantially degrade water quality would be negligible. The project site is not located with a 100-year flood hazard area. However, the site is adjacent to a flood zone X area (an area expected to experience periodic flooding). Nevertheless, this project does include raising the base elevation of the site by two feet which will add further protection from the possibility that flooding would occur. 206 19 Summary d: Seiche and tsunami occur in larger bodies of water such as lakes and oceans. There is no threat to the subject site from seiche or tsunami because the types of water bodies where they occur do not exist in the vicinity. Summary e: The County Health Services Department, Environmental Health Division has reviewed the project and did not raise any concerns that the project will be in conflict with any applicable plans related to groundwater recharge. XI. LAND USE AND PLANNING – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Physically divide an established community?  b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?  Impact: None Summary a: The subject site is in an area that is comprised of a mix of commercial, residential and agricultural uses. Single-family homes are located to the east and sporadically along Byron Highway. Rezoning the southern parcel to a business district to improve an existing business would not compromise the character of the area or lead to a physical division of the established community. Summary b: Nothing in the record suggests that the proposed project would conflict with plans, policies, or regulations adopted for the purpose of mitigating environmental impacts. As explained throughout this Initial Study, implementation of the project would result only in a change zoning and general plan designations so a dated business can be demolished and re-built with a new quality establishment for this portion of the County. XII. MINERAL RESOURCES – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?  b. Result in the loss or availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?  Impact: None 207 20 Summary a-b: According to the Contra Costa County General Plan, there are no mineral resources in the vicinity of the project site. XIII. NOISE – Would the project result in: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?  b. Generation of excessive groundborne vibration or groundborne noise levels?  c. For a project located within the vicinity of a private airstrip or an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?  Impact: None Summary a: The General Plan specifies the normally accepted range of community noise exposure due to retail business developments. The subject site is currently within a higher noise contour due to the proximity of Byron Highway. Therefore, the range of potential uses due to the rezoning of the site will remain within the acceptable range of community noise exposure. Summary b-c: The existing noise environment would not change as a result of the project and the uses allowed by the R-B zoning district. Furthermore, the zoning district restricts uses to those that do not create significant amounts of noise or vibration. The site is not located within an area covered by an airport land use plan. XIV. POPULATION AND HOUSING – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?  b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?  Impact: None 208 21 Summary a: The proposed R-B zoning permits construction of one single-family residence by right. As the subject has been developed with a gas station and convenient store for decades, it is improbable that the site will be converted to residential use compared to its current retail business nature. Nevertheless, establishment of one residence and possibly one residential second unit on a legally created parcel would neither directly nor indirectly induce substantial population growth. Other uses permitted by the proposed zoning are commercial in nature and clearly would not induce substantial population growth. Summary b: Two of the three subject parcels are occupied with retail business uses and therefore rezoning them clearly would not result in displacement of existing housing or people. The third parcel is vacant. Therefore, no people or current housing stock will be displaced due to the rezoning action. XV. PUBLIC SERVICES Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1. Fire protection?  2. Police protection?  3. Schools?  4. Parks?  5. Other public facilities?  Impact: Less than significant Summary a.1: The service standard for fire protection is based on distance. The General Plan states that new development must be located within 1.5 miles driving distance of a fire station or must be equipped with improvements, such as automatic sprinklers and in some cases water storage tanks, to enhance firefighting capabilities. The project will incorporate a water storage tank and sprinklers per the current Building Code. Rezoning the site would neither alter its distance to a fire station nor lessen the requirements for installation of fire suppression equipment. Summary a.2-4: The service ratios for police protection, schools, and parks are based on population. As no substantial population growth would occur, there would be negligible, if any, impacts to these services. Summary a.5: As the proposed rezoning would not result in substantial population growth, impacts to other public facilities such as hospitals and libraries would be insignificant. 209 22 XVI. RECREATION Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?  b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?  Impact: No impact Summary a: As explained in Section XV above, implementation of the proposed project would not induce substantial population growth. Therefore, use of parks and recreational facilities would not increase, and their deterioration would not be accelerated. Summary b: The proposed project does not include a proposal for new recreational facilities, and because it would not induce population growth, would not necessitate the expansion of existing facilities. XVII. TRANSPORTATION/TRAFFIC – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?  b. Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?  c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?  d. Result in inadequate emergency access?  Impact: Less Than Significant With Mitigation Summary a: The project is to demolish and expand a gas station, restaurant and convenient store. Given these uses, the project is estimated to generate 100 or more AM and PM peak-hour trips, therefore, the applicant has contracted TJKM to prepare a Traffic Impact Analysis for the project – dated January 3, 2022 (supplemental Technical Memorandum dated January 6, 2023). The report 210 23 analyzed existing conditions, existing with project conditions, cumulative without project and cumulative with project conditions. Key intersections within the immediate area have been studied in preparation of the report, in part using traffic counts during, weekday AM and PM peak hour traffic volumes. According to the report, the project’s passenger vehicle trip generation is approximately 1,348 daily trips (1,290 existing minus 2,518 proposed trips equals 1,348 new trips). Pedestrians will access the site from Byron Highway and Camino Diablo via new sidewalks within a dedicated Right-of-way space along the site’s frontage. These sidewalks will connect to existing striped crosswalks at these two intersections. The internal walkways are required to meet American with Disabilities Act standards and will be reviewed as part of the Plan Check Process for the project. On-site bicycle parking has also been identified within the project footprint and will encourage an alternative means of travel other than automotive vehicles. Analysis Methods, The operations of roadway facilities are described with the term level of service (“LOS”, a qualitative description of traffic flow based on such factors as speed, travel time, delay, and freedom to maneuver). Six levels are defined from LOS A, as free-flow operating conditions, to LOS F, or the over-capacity operating conditions. LOS E represents “at-capacity” operations. When traffic volumes exceed intersection capacity, stop-and-go conditions result, and operations are designated as LOS F. Due to the addition of the project related traffic, the following mitigation measures once implemented will maintain acceptable levels of service. Potential Impact (16-1): Based on the impact criteria for intersection operations, the proposed project under Existing plus Project Conditions will increase the delay at the intersection of Holway Drive/Camino Diablo by 1.7 seconds resulting in a 40.3 second delay (LOS E). Mitigation Measure TRAFFIC-1: At least 30-days prior to requesting Final Building Inspections (occupancy), the applicant shall provide evidence for review and approval of CDD staff, that the fair-share payment has been made towards the installation of a traffic signal at the Holway Drive/Camino Diablo intersection. Installation of the signal light would result improved LOS performance at this intersection, reducing the impact at this intersection to less-than-significant levels. 211 24 Summary b: TJKM conducted a VMT (Vehicle Miles Traveled) analysis for the proposed project. The project consists of a 3,368 square foot convenience store, 1,145 square foot restaurant and 6 gasoline pumps. Using the Southern California Association of Governments (SCAG) Employment Density Report, the convenience store will have 500 square feet per employee while the restaurant will have 300 square feet per employee. Thus, the project contains a total of 10 employees. For VMT analysis, Contra Costa County Transportation Analysis Guidelines (6/23/20, page 14) recommends that the estimated VMT for a proposed project be obtained by either: • Utilizing existing average trip length and VMT data of similar TAZ that contains similar mixes of land uses, or; • Inserting the proposed project into the CCTA Model. Using the CCTA Model to determine both trip generation and trip lengths allows consistent analysis methodology (basically insert the Byron Gas Station into the CCTA Model and let the Model determine trips and VMT). For the proposed Byron Gas Station Project, the second of the above approaches is used. CCTA guidance (CCTA Technical Memorandum, 7/1/2020) on VMT analysis for non-regional projects require a base year condition model run along with baseline plus project model run to extract total VMT data for the region that the project is located in. TJKM ran the model with the project inserted into the base year land use and found that the project results in a net decrease in total VMT for the unincorporated Contra Costa County region. Thus, the project is found to have an less than significant impact on VMT in both base year and cumulative year 2040. Summary c: Design features proposed with the project include site improvements such as grading, repairs, and new connections to public roadways. These improvements have been reviewed by the appropriate County agencies at the time of application and have been deemed preliminarily complete. Additional reviews will be conducted of final building permits to ensure compliance with established standards to prevent the construction of improvements which may cause safety hazards. Summary d: The project has been reviewed by the Contra Costa County Fire Protection District. The District determined that the project substantially complies with applicable codes and regulations. Nevertheless, the project proponent will have to submit final improvement plans to the District for review and approval prior to obtaining building permits for the project. Therefore, no inadequate emergency access will be created as part of the project. XVIII. TRIBAL CULTURAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:  212 25 i. Listed or eligible for listing in the California Register of Historical Resources, or in the local register of historical resources as defined in Public Resources Code Section 5020.1 (k), or  ii A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.  Impact: Less Than Significant with Mitigation Incorporated Summary a-(i-ii): The expected construction and grading could cause ground disturbance which may impact heretofore undocumented cultural resources. However, with implementation of Mitigation Measure CUL-1 impacts to tribal cultural resources would be reduced to less than significant. XIX. UTILITIES AND SERVICE SYSTEMS – Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?  b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?  c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing comments?  d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impare the attainment of solid waste reduction goals?  e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?  213 26 Impact: None Summary a-c: Potable water is provided by an on-site well that has been producing for decades. No evidence has been provided to suggest potable water will not be available to the project site in the future. The sewage collection system would transport wastewater from the project site to a Byron Sanitary District facility for treatment. The onsite waste piping system is required to comply with all applicable requirements established by the District. District staff has returned comments indicating that permits are required for the project which suggests that capacity exists in the system to accommodate the project. Therefore, the project related wastewater is not expected to exceed wastewater treatment requirements. Summary d-e: The proposed project will be served by the Republic Services’ network of collection services, recycling, transfer stations, and landfills. As such, capacity exists within the local landfill system to accommodate the proposed project. XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Substantially impair an adopted emergency response plan or emergency evacuation plan?  b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby, expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?  c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?  d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?  Impact: No Impact Summary a-d: The project site is located within a “Urban Unzoned” Fire Hazard Severity Zone in a Local Responsibility Area under the California Department of Forestry and Fire Protection (Cal Fire) Zone Map. This zone represents minimal fire safety hazard risks. Nevertheless, the site currently has electrical power and provisions for emergency water supply. The installation and maintenance of sidewalks, driveway curbs and drainage improvements will not add a fire risk to the site. The project will demonstrate compliance with all applicable fire safety regulations as part of the building permit plan check process. Therefore, the project represents a less than significant impact. 214 27 XXI. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?  b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of other current projects, and the effects of probable future projects)?  c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?  Impact: LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED Summary a - Less Than Significant With Mitigation Incorporated: The combination of type and location of the proposed project creates a scenario where there is minimal potential for adverse impacts to plant/animal communities, examples of California history, or environment in general. However, the construction phase of the project may have impacts on unforeseen cultural resources yet to be discovered and air quality. To mitigate those potential impacts, mitigation measures have been incorporated into this project that once implemented will reduce potential impacts to less than significant levels. Once constructed, the proposed gas station, restaurant and convenient store will primarily require electrical power for operation and will not produce significant amounts of hazardous waste as a byproduct of its operation. Summary b - Less Than Significant With Mitigation Incorporated: Construction of the proposed project and associated parking and drainage improvements will not significantly alter the environmental characteristics of the site. The project includes a gas station, restaurant and convenient store which has been addressed in the Traffic Impact Analysis for this proposal. Nevertheless, staff is not aware of any significant projects within the general area that will cumulatively create a scenario where intersection LOS service levels will degrade beyond the conditions described within this evaluation. Therefore, the worst-case scenarios have been evaluated and mitigations have been included as part of this document, that once implemented will reduce any potential impacts to less than significant levels. Therefore, the project as mitigated, would have a less than significant cumulative effect on the environment. 215 28 Summary c: The proposed gas station, restaurant, and convenient store will primarily serve local residents and customers that my pass by this location as part of daily activities. Compliance with all local, State, and Federal regulations suggests that the project will pose a less than significant risk to patrons or nearby residents. As of the date of this initial study, staff is unaware of any studies or other reports that have been issued that indicate the project will result in a hazard to humans. 216 Mitigation Monitoring and Reporting Program County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 “Byron Corners” 15031 Byron Highway Byron, CA 95514 April 2023 217 Abbreviations: Mitigation Monitoring and Reporting Program Condition of Approval (COA) CDGP10-00003, CDRZ13-03222, and CDLP/DP13- 02025 Community Development Division (CDD) Page 2 of 4 SECTION 3: AIR QUALITY Impact AIR-1: Exhaust emissions and particulates produced by demolition and construction related to the project may cause exposure of the public or sensitive receptors to significant amounts of pollutants or objectionable odors. Mitigation Measure AIR-1: The following Bay Area Air Quality Management District, Basic Construction mitigation measures shall be implemented during project demolition and construction and shall be included on all construction plans: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). f. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). g. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. h. Replant vegetation in disturbed areas as quickly as possible. i. All vehicle speeds on unpaved roads shall be limited to 15 mph. j. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. k. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. l. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. m. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Implementing Action: COA 218 Abbreviations: Mitigation Monitoring and Reporting Program Condition of Approval (COA) CDGP10-00003, CDRZ13-03222, and CDLP/DP13- 02025 Community Development Division (CDD) Page 3 of 4 Timing of Verification: Prior to and during construction. Responsible Department, Agency, or Party: Project proponent and CDD. Compliance Verification: Include on construction plan set for CDD review. SECTION 5: CULTURAL RESOURCES Impact CUL-1: During the construction phases of the project, there is a potential to discover unexpected human remains or historic resources. Mitigation Measure CUL-1: Stop work and conduct an evaluation of accidental discovery of human remains or find. Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner’s authority. If human remains are encountered, work shall halt within 50-feet of the find and the County Coroner notified immediately. At the same time, an archaeologist should be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendent to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. All work shall be postponed until a qualified archaeologist has had an opportunity to evaluate any potential find. Implementing Action: COA Timing of Verification: During initial review of construction plan sets and throughout project. Responsible Department, Agency, or Party: Project proponent and CDD. Compliance Verification: Include on construction plan set and submittal of archaeologist report in the event of a find, for CDD review. SECTION 9: HAZARDS AND HAZARDOUS MATERIALS Impact HAZ-1: Operation of the gas station and other related retail businesses will involve the routine delivery, storage and use of hazardous materials. 219 Abbreviations: Mitigation Monitoring and Reporting Program Condition of Approval (COA) CDGP10-00003, CDRZ13-03222, and CDLP/DP13- 02025 Community Development Division (CDD) Page 4 of 4 Mitigation Measure HAZ-1: The project applicant/or owners and operators of businesses on the site shall obtain all required permits and follow all applicable County, State, and Federal regulations regarding the use, storage and disposal of hazardous materials and shall conduct their operations in compliance with such permits and regulations. Implementing Action: COA Timing of Verification: Prior to initiation of use and during operations. Responsible Department, Agency, or Party: Applicant and operator. Compliance Verification: Applicant obtaining necessary permits. SECTION 16: TRANSPORTATION Impact Trans-1 Based on the impact criteria for intersection operations, the proposed project under Existing plus Project Conditions will increase the delay at the intersection of Holway Drive/Camino Diablo by 1.7 seconds resulting in a 40.1 second delay (LOS E). Mitigation Measure TRAFFIC-1: At least 30-days prior to requesting Final Building Inspections (occupancy), the applicant shall provide evidence for review and approval of CDD staff, that the fair- share payment has been made towards the installation of a traffic signal at the Holway Drive/Camino Diablo intersection. Implementing Action: COA Timing of Verification: Prior to requesting final building permit inspection. Responsible Department, Agency, or Party: Project proponent and CDD. Compliance Verification: Submittal of evidence that payment has been made. SECTION 18: TRIBAL CULTURAL RESOURCES Impact TRIBAL CUL-1: The expected construction and grading could cause ground disturbance which may impact heretofore undocumented cultural resources. However, with implementation of Mitigation Measure CUL-1 impacts to tribal cultural resources would be reduced to less than significant. See Mitigation Measure CUL-1. 220 Department of Conservation and Development County Planning Commission Wednesday, April 10, 2024 – 6:30 P.M. STAFF REPORT Agenda Item #_____ Project Title: Byron Corners General Plan Amendment, Rezone and Development Plan to Reconstruct a Gas Station and Retail Building County File(s): CDGP10-00003, CDRZ13-03222, and CDLP/DP13-02025 Applicant: Owner: Continental Development Consultants Jasvir Singh Zoning: General Plan: A-2 General Agricultural District (A-2) and R-B Retail Business District (R-B) Single-Family Residential-High Density (SH) Site Address/Location: 15031 Byron Highway, Byron/APN’S: 002-140-010, 025 and 027. California Environmental Quality Act (CEQA) Status: Per California Code of Regulations Section 15070 an Initial Study has been prepared for the project. Project Planner: Francisco Avila, Principal Planner (925) 655-2866 Staff Recommendation: Adopt a motion recommending that the Board of Supervisors approve the project. I. PROJECT SUMMARY The applicant is requesting approval of a General Plan Amendment (GPA) designating the subject property Commercial (C) from Single-Family Residential- High (SH), Rezoning the property to Retail-Business (R-B) from A-2 General Agricultural (A-2) and approval of a Land Use Permit/Development Plan Combination to demolish an existing gas pump canopy (4 dispensers), convenience store and small restaurant to construct a new gas pump canopy (12 dispensers), 221 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 2 of 17 convenience store and restaurant. A variance for a free-standing sign within the front setback (2 feet proposed, 10 feet required) and two exceptions to Title 9 (914-2.004 “collect and convey” and 914-12.010 “maintenance”) are being requested. The project also includes a Type 21 Alcohol Sales License – Off Sale General (beer, wine, and distilled spirits for consumption off the premises where sold) and 1,927 cubic yards of total grading which will raise the site elevation of the property by approximately 2 feet. II. RECOMMENDATION Staff recommends that the County Planning Commission: 1. OPEN the public hearing on the Byron Corners Project, RECEIVE testimony, and CLOSE the public hearing. 2. ADOPT a motion recommending that the Board of Supervisors: 1. FIND that on the basis of the whole record before the County that there is no substantial evidence the project will have a significant effect on the environment and that the April 19, 2023, Mitigated Negative Declaration prepared for the project reflects the County’s independent judgment and analysis; 2. ADOPT the April 19, 2023, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project; 3. APPROVE the General Plan Amendment of the entire site from Single- Family Residential-High Density to Commercial. 4. APPROVE the Rezoning of Assessor Parcel Numbers: 002-140-025 and 027 from A-2 General Agricultural District to R-B Retail Business District. 5. APPROVE the Land Use Permit/Development Plan for the Project (County File #CDLP/DP13-02025). 6. APPROVE the findings in support of the Project. 7. APPROVE the Project conditions of approval. 8. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination with the County Clerk. 222 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 3 of 17 9. SPECIFY that the Department of Conservation and Development, located at 30 Muir Street, Martinez, California, is the custodian of the documents and other material that constitutes the record of proceedings upon which the decision of the Board of Supervisors is based. III. BACKGROUND The subject gas station and convenience store have been in operation since the 1980’s and no longer complies with current codes and design standards, therefore the applicant is seeking approval to demolish all improvements and construct a new larger gas station and convenience store/restaurant. As the General Plan designation for the site is Single-Family Residential High-Density (SH), a General Plan Amendment from SH to Commercial is necessary. The site also has two different zoning designations, A-2 General Agricultural District and R-B Retail Business. Thus, the project also includes a rezoning request to change the A-2 portion of the site to R-B for overall consistency with the required zoning and planned Commercial General Plan designation. In March of 2011 the Board of Supervisors approved General Plan Amendment Feasibility request CDGP10-00003 allowing the County review process to proceed for the project. As a result, the applicant submitted the necessary rezoning and land use permit/development plan combination applications in January of 2013. While under review, in 2014 the applicant acquired an adjacent property and re-designed the project to include additional gas pump dispensers and a larger convenience store/restaurant. Since that time, the project has stalled for periods of time, however, at this time, the applicant has provided all necessary plans and reports in order to complete the environmental review and support the project. IV. GENERAL INFORMATION A. General Plan: The site currently has a General Plan land use designation of Single- Family Residential-High Density (SH). This land use designation allows a density of 5.0 and 7.2 single family units per net acre. Primary land uses which are permitted in this designation include single-family homes and accessory structures, as well as, small residential care and childcare facilities, churches, and other similar places of worship. 223 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 4 of 17 B. Zoning: The site has dual zoning of A-2 General Agricultural District (A-2) and R- B Retail Business District (R-B). The A-2 zoning district requires a 5-acre minimum parcel size and the R-B zoning district requires a minimum of 3,500-square-feet in area. The A-2 General Agricultural District is intended to provide areas primarily for the commercial production of food and fiber and other compatible uses. The R-B Retail Business District is intended to provide areas consisting of service orientated activities such as, convenience stores, contractor’s yards, and various shops, given that the activity does not create significant amounts of odors, dust, or smoke. C. Environmental Review: A Mitigated Negative Declaration (MND) (attached) was prepared for the project. The MND identified several potentially significant environmental impacts, however, mitigations were identified which lessen the impacts to less than significant. The public review and comment period for the MND extended from April 19, 2023, to May 19, 2023. Several comments were received during the comment period and are discussed in Section IX. D. Previous Applications: 1. BIDA11-00315: A County issued “Deemed Approved” status for the alcohol sales at the premises in 2011. 2. BICO-0000143128: A tenant improvement to add a convenient store. This permit was issued in 1988. 3. LP2138-86: A land use permit to construct and operate a gas station. The Board of Supervisors approved the project on May 5, 1987. 4. LP2038-79: This land use application included a 4-unit apartment building which was denied by the Zoning Administrator on October 29, 1979. V. SITE/AREA DESCRIPTION The subject site consists of three irregularly shaped parcels (Assessor’s Parcel Numbers: 002-140-010, 025 and 027) located in a rural area of Byron. The northern portion of the site is developed with a gas station, convenience store and small restaurant. Access to the gas station is achieved via two driveways, one directly adjacent to Byron Highway and the other on Camino Diablo. The southern portion of the site is developed with a single-family residence. Parcels in the vicinity range in size from 0.30-acre residential sites, to over 100-acre agricultural operations. Other 224 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 5 of 17 zoning districts in the immediate vicinity are A-2 General Agricultural District, R-6 Single-Family Residential District, and General Commercial. The Union Pacific Railroad Company owns and operates a railroad directly to the west of the site. VI. PROJECT DESCRIPTION The applicant is requesting approval of a General Plan Amendment (GPA), rezoning and land use permit/development plan combination to allow for the following: 1. GPA from Single-Family Residential-High Density (SH) to Commercial (CO), 2. Rezoning of Assessor’s Parcel Numbers: 002-140-025 and 027 from A-2 General Agricultural District (A-2) to Retail Business District (R-B), 3. Land Use Permit/Development Plan combination, 4. Demolition of a 908 square-foot existing gas pump canopy, 5. Demolition of a 2,180 square-foot convenient store, 6. Construction of a new 4, 652 square-foot gas pump canopy, 7. Construction of a new 3,713 square-foot convenient store, 8. Construction of a new 1,145 square-foot retail space to be used as a restaurant, 9. Type 21 Alcohol Sales License – Off Sale General (beer, wine, and distilled spirits for consumption off the premises where sold), and 10. Variance for a free-standing sign within the front setback (2 feet proposed, 10 feet required). The project will also include 23 off-street parking spaces (plus 12 spaces at pump dispensers for 35 total), 2 Americans with Disabilities Act compliant spaces and 3 Electric Vehicle spaces, 12 new gas pump dispensers, a 54 square-foot monument sign, access improvements, drainage improvements, and landscaping. Site preparation will consist of 1,927 cubic yards of total grading (246 cubic yards of cut, and 1681 cubic yards of import) which will result in raising the elevation of the property by approximately 2 feet. One existing water well will be decommissioned and relocated on the southeastern portion of the site. Two exception requests have been submitted. The first is to Section 914-2.004 of the County Ordinance which requires that all storm water originating on the project site be collected and conveyed to an existing adequate storm drainage system which conveys the storm water to an adequate natural watercourse. The second is to Section 914-12.010 which requires maintenance of a detention basin facility through either an existing public maintenance entity or by the creation of a public maintenance entity. 225 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 6 of 17 VII. AGENCY COMMENTS A. Department of Conservation and Development, Alcohol Planner: In an Agency Comment Request Form dated June 15, 2023, staff indicated that the project complies with the Alcoholic Beverage Sales ordinance. B. Department of Conservation and Development, Building Inspection Division (BI): BI staff returned an Agency Comment Request dated July 7, 2017, indicating that the project must comply with the current building codes. C. Department of Conservation and Development, Advanced Planning Section: Advanced Planning staff provided the necessary General Plan Amendment findings in an email dated June 8, 2023. D. Department of Conservation and Development, Transportation Planning Section: In a correspondence dated January 6, 2022, staff indicated that the Traffic Impact Study prepared for the project is acceptable. E. Application and Permit Center Floodplain Technician: In a returned Agency Comment Request form dated June 22, 2017, staff indicated that the project site is located in Flood Zone X, therefore no floodplain permit will be required for the project. F. Public Works Department, Engineering Services: In a memorandum dated December 5, 2023, staff provided their recommended conditions of approval for the project. G. Contra Costa Health Services, Department of Environmental Health: In a letter dated June 30, 2017, staff indicated that the project sponsor must obtain all necessary permits to decommission and drill new wells on the property. H. Contra Costa Health Services, Hazardous Materials: In a correspondence dated June 26, 2017, staff indicated that the applicant must obtain a permit from County Hazard Material Programs. I. Contra Costa County, Fire Protection District: In a letter dated January 24, 2017, staff indicated that the project must comply with all applicable codes and regulations. J. Byron Sanitary District: In a returned Agency Comment Request form dated June 19, 2017, staff indicated that the applicant is required to comply with all ordinances, including applying for a wastewater discharge permit. 226 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 7 of 17 K. Byron Municipal Advisory Council (BMAC): The BMAC considered the application at their June 27, 2017, meeting, and unanimously recommended approval of the project. L. Chevron: In a correspondence dated April 23, 2013, Chevron staff indicated that two historical pipelines are located within the project vicinity and should be considered when implementing the project. A map was attached to the correspondence detailing the location of the pipelines which are outside of the project boundaries across Byron Highway. VIII. STAFF ANALYSIS General Plan Amendment The site currently has a General Plan land use designation of Single-Family Residential-High Density (SH). This land use designation anticipates single-family homes and accessory structures, as well as, small residential care and childcare facilities, churches, and other similar places of worship. The project aims to change the current SH General Plan designation to Commercial (CO). The CO designation allows for a broad range of commercial uses typically found in smaller-scale neighborhood, community, and thoroughfare commercial districts. Gas stations, convenient stores and restaurants fit into this category of smaller-scale neighborhood uses that are allowed. The following development standards apply to uses in this designation: 1. Maximum site coverage: 40 percent (28 percent proposed) 2. Maximum building height: 35 feet (22 feet proposed) 3. Maximum floor area ratio: 1.0 (0.28 proposed) 4. Average employees per gross acre: 160 employees (less than 10 employees) As proposed, the proposed gas station, convenient store and restaurant complies with the development standards as described above. Rezone The project site consists of three parcels. The northern most parcel (APN: 002-140- 010) is currently developed with a gas station, convenience store and restaurant. The zoning for this parcel is R-B Retail Business (R-B) and does not require a re-zoning. As the project includes the demolition of all improvements and construction of an 227 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 8 of 17 expanded gas station, convenience store and restaurant. The two southern parcels (APN’s: 002-140-025 and 027) will need to be re-zoned from A-2 General Agricultural District (A-2) to R-B. Table 3-5 of the 2005-2020 County General Plan outlines which specific zoning districts are consistent with each General Plan designation. As indicated within that table, the General Plan designation of CO is consistent with the R-B zoning district. Furthermore, as the project site is located immediately adjacent to the Byron Highway, which is a heavily traveled roadway and within close proximity to established commercial, agricultural and residential neighborhoods the rezoning to allow an expansion of the existing retail uses is justified. Comparison of Existing and Proposed Zoning Designations Table 1. below provides a comparison of the development standards of each district. Table 1. Zoning Comparison Between A-2 and R-B, Topic A-2 R-B R-B, More or Less Restrictive Minimum Lot Area 5-acres 3,500 sq.ft. More Average Width 250 feet 35 feet More Lot Depth Side Yards 200 feet 40-foot aggregate 20-foot min. side None None Less Less Front Setback Rear Yard 25 feet primary 20 feet secondary 15 feet 10 ft. from road/hwy None More Less Building Height Max 2.5 stories or 35 feet 50 ft. Less Land Use Permit/ Development Plan Req’d LUP req. DP req. Same Lot Coverage None None Same 228 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 9 of 17 Parking County Off-street Parking Ordinance would Apply. County Off-Street Parking Ordinance would apply. Same Variances Allowed? Yes Yes Same Source: Title 8 Zoning Code The Retail Business zoning district requires approval of a discretionary application prior to developing a particular site. It is that review process that allows County decision makers and the public alike (public comment/appeal process) to determine what uses are appropriate for the subject site. Examples of uses allowed with discretionary review in the R-B district are: 1. Lumber yard, cabinet shop, sheet metal shop; 2. Animal hospital, commercial dog kennel, hobby dog kennel; 3. Auto garage, contractor’s yard; 4. Residential apartment units; 5. A manufacturing research use within an enclosed building; 6. Single room occupancy facilities; and 7. Commercial cannabis activities. Both zoning districts allow neighborhood service-oriented businesses, however, the A-2 district does not provide the flexibility needed to establish a modern commercial gas station/restaurant/convenient store that will serve the immediate Byron community. Although the proposed R-B district allows uses which tend to be more intense, the subject property will essentially contain the same current uses. Any proposed future use other than what is currently proposed , would require approval from the County and must undergo its own environmental review. For those reasons it is unlikely that a major change in use other than retail would be considered for this site. Nevertheless, the primary land uses in the R-B district are generally community orientated services such as dry cleaners, restaurants and other residentially compatible uses. Nevertheless, gas stations typically store and transport large volumes of fuel which is highly combustible. There are risks associated with permitting these types of uses in any portion of the County. However, the industry is heavily regulated, and transport of any fuel will be routed through Byron Highway which is away from the residential community to the east. Moreover, all existing underground storage tanks 229 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 10 of 17 for gas and diesel will remain in their current location which will limit site disturbance. Given that California codes are typically more stringent than Federal standards, the project will represent a minimal risk of exposure to the public and overall is considered a benefit to an area that is lacking in community services. IX. ENVIRONMENTAL REVIEW In accordance with the state Guidelines for Implementation of the California Environmental Quality Act (CEQA), an initial study was prepared to determine potential environmental impacts of the proposed project. The initial study identified potentially significant impacts in the environmental areas of air quality, cultural resources, hazards/hazardous materials, transportation/traffic, and tribal cultural resources. Upon completion of the initial study, it was determined that mitigation measures could be incorporated into the project that would reduce project impacts to a less than significant level. The Initial Study and Notice of Public Review and Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the County Recorder and circulated for public review on April 19, 2023. The final day for providing comments on the adequacy of the initial study was May 19, 2023. Three emails from immediate neighbors and one letter from an attorney on behalf of a neighbor were received during the comment period. The collective areas of concern are: traffic, drainage, and property management (trash/loitering etc.). The comments and staff responses are as follows: 1. Area of Concern - Traffic: Neighbors are concerned that the project will add an unacceptable amount of new traffic which will exacerbate existing congestion at this location. Staff Response: The driveway’s current position on Byron Highway is extremely close to the intersection, leading to significant congestion and interruptions in traffic flow. To alleviate this concern, the project proposes to shift the driveway approximately 100 feet south (away from the intersection) from its present location. This strategic relocation is designed to diminish congestion and facilitate more efficient truck movements within the site without hindering the regular traffic flow. The project also includes 35 total off-street parking spaces compared to the current 8 spaces available. This amount of parking is compliant with zoning regulations and should alleviate the need for patrons and vendors to park within adjacent streets. These assumptions were confirmed within the traffic 230 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 11 of 17 study prepared for the project which was reviewed and determined acceptable by the DCD Traffic Division staff and the Department of Public Works Engineering Services Division. Additionally, COA #22, requires the project proponent to pay a fair-share towards the construction of a traffic signal at the Holway Drive/Camino Diablo intersection, which will further optimize the area’s traffic circulation. Therefore, as proposed, the project will enhance on-site circulation, provide better driveway alignment and include ample off-street parking that will generally improve traffic related issues at the site and area in general. 2. Area of Concern - Drainage: Neighbors are concerned that the project will worsen localized flooding by adding increased impervious surfaces and that the hazardous materials associated with the refueling may be transported in stormwater runoff. Staff Response: The entire site’s drainage is required to be addressed as part of the project design. As such, the proposal includes landscaping, a retention pond and porous asphalt which will encompass 30% of the site. Currently, approximately a third of the runoff from parcel-2 (APN #002-140- 025) – situated behind the gas station – drains onto Byron Highway and then into a ditch at the eastern end of the site. In contrast, the post- development strategy channels the runoff from both parcels 2 and 3 (APN #002-140-027) to an on-site detention pond first, before draining into the ditch. This modification will result in flow rate reductions of 0.158 cubic feet per second (cfs) (10yr-3hr storm) and 0.273cfs (100yr-3hr storm) between the pre and post-development phases. The Department of Public Works, Engineering Services Division has reviewed the drainage plans for the project and deemed them satisfactory. In terms of water quality, the areas where vehicles park and refuel will be graded such that water will be effectively directed away. Notably, the new design elevates this zone by approximately 2.5 ft compared to its current position. While the existing fuel dispensing area is below the roadway centerline, the proposal places it above, reducing potential contact with rainwater runoff and virtually eliminating flood risks. The large canopy overhang which covers the fueling area will provide additional protection. Additionally, the project’s design has an integrated bio-retention system to filter out trash and other contaminants from the rainwater runoff prior to being released downstream. On-site stormwater gates will further capture debris, ensuring the maintenance of water quality standards. All of these 231 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 12 of 17 design elements are considered improvements to the site’s drainage system compared to the existing conditions of the site which was developed many years ago. 3. Area of Concern – Sewer System and Trash: Neighbors are concerned that the project will place additional strain on the existing sewer system, exacerbate public loitering, and contribute to more trash migrating from this site to the nearby drainage ditch. Staff Response: The project will include an on-site grease interceptor that will reduce the burden on the existing sewer system. By releasing “cleaner water” into the system, functionality of the sewer should improve compared to existing conditions. Issues related to waste management will be fully controlled by construction of a 130 sq.ft. trash enclosure, on-site trash receptacles will be placed between fuel dispensers and inside buildings, as well as, restrooms. With this approach, trash collection and management should result in very little to no trash migrating off-site into the neighborhood or nearby drainage ditch. Overall, the project will provide a quality fuel and eating option to this area where historically few improvements have occurred. It is expected that public loitering will be curbed once construction of the family orientated restaurant is completed. X. TRAFFIC/OFF-STREET PARKING The project is to demolish and expand a gas station, restaurant and convenience store. Given these uses, the project is estimated to generate 100 or more AM and PM peak-hour trips, therefore, the applicant has contracted TJKM to prepare a Traffic Impact Analysis (TIA) for the project – dated January 3, 2022 (supplemental Technical Memorandum dated January 6, 2023). The report analyzed existing conditions, existing with project conditions, cumulative without project and cumulative with project conditions. Key intersections within the immediate area have been studied in preparation of the report, in part using traffic counts during, weekday AM and PM peak hour traffic volumes. According to the report, the project’s passenger vehicle trip generation is approximately 1,348 daily trips (1,290 existing minus 2,518 total proposed trips equals 1,348 new trips). The operation of roadway facilities are described with the term level of service (LOS, a qualitative description of traffic flow based on such factors as speed, travel time, delay, and freedom to maneuver). Six levels are defined from LOS A, as free-flowing operating conditions, to LOS F, or the over-capacity operating conditions. LOS E represents “at-capacity” operations. When traffic volumes exceed intersection 232 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 13 of 17 capacity, stop-and-go conditions result, and operations are designated as LOS F. Due to the addition of the project related traffic, the delay at the intersection of Holway Drive/Camino Diablo will increase by 1.7 seconds resulting in a 40.3 second delay (LOS E). The following mitigation measure once implemented will maintain acceptable levels of service: “At least 30-days prior to requesting Final Building Inspections (occupancy), the applicant shall provide evidence for review and approval of CDD staff, that the fair-share payment has been made towards the installation of a traffic signal at the Holway Drive/Camino Diablo intersection”. Installation of the signal light would result in improved LOS performance, reducing the impact to less-than- significant. Pedestrians will access the site from Byron Highway and Camino Diablo via new sidewalks within a dedicated Right-of-Way space along the site’s frontage. These sidewalks will connect to existing striped crosswalks at this intersection. The project’s internal walkways are required to meet American with Disabilities Act standards and will be reviewed as part of the Building Permit Plan Check Process for the project. On-site bicycle parking has also been identified within the project footprint and will encourage an alternative means of travel other than automotive vehicles. OFF-STREET PARKING The project includes 35 off-street parking spaces. This amount of parking will adequately accommodate all patrons and vendors visiting the site. Compared to the current 8 spaces provided, the 35 spaces will eliminate the need for customers to park on adjacent streets. The project’s compliance with Chapter 82-16 Off-Street Parking, is demonstrated within the table below: Minimum Required Proposed Gas Station/Convenient Store: 0.9 per pump x 12 = 11 11 Retail Store: 1 per 300 SF/3,542=12 12 Restaurant: 1 per 100 SF/1,151=12 12 TOTAL REQUIRED 35 35 Of the 35 total parking spaces provided, 2 will be Americans with Disabilities Act (ADA) compliant. Additionally, 2 spaces will incorporate electric vehicle charging stations. Lastly, to promote alternative modes of transportation, 4 short-term bicycle spaces will be provided on racks and 4 long-term bicycle spaces will be provided via lockers. The project’s design has been reviewed by all County responsible agencies 233 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 14 of 17 which determined that the project complies with applicable codes and regulations. Nevertheless, the project proponent will have to submit final improvement plans to each agency for review and approval prior to issuance of building permits. Therefore, the project is not expected to create any parking related issues or hazards to pedestrians/vehicles. XI. DRAINAGE/EXCEPTION REQUEST The proposed development introduces new impervious surface areas which alters the existing drainage patterns on the site and drainage facilities downstream. The grading and drainage plan contours show the northern parcel (APN: 002-140-010) will generally drain towards the proposed landscaping and bioretention basin. Runoff will then flow into the stormwater infrastructure of Camino Diablo towards the northern segment of an earthen ditch east of the property that flows into Frisk Creek. The two southern parcels (APN’s: 002-140-025 & 027) are shown to drain into a proposed bioretention basin that outflows into the south portion of the eastern earthen ditch. The County Public Works Department has reviewed the project and the preliminary Storm Water Control Plan for the project and deemed it preliminarily complete. According to the Public Works Department, there have been reports in the past of the drainage ditch east of the project site causing flooding. The Stormwater Control Plan for the project indicates that overall flow rates into the ditch will be reduced during storm events due to the installation of the bioretention basins which meters flows. Furthermore, Section 914-2.004 of the County Ordinance requires that all storm water originating on the project site be collected and conveyed to an existing adequate storm drainage system which conveys the storm water to an adequate natural watercourse. The drainage study for this project verifies that compliance with section 914-2.004 can’t be met, because the earthen ditch and all downstream facilities are privately owned by private parties and are shown to be inadequate (thus, improvements are not at the discretion of the developer). Therefore, the applicant has submitted a request for an exception. Additionally, Section 914-12.010 requires maintenance of a detention basin facility through either an existing public maintenance entity or by the creation of a public maintenance entity. Given the relatively small size of the detention basin at 1,850 cu.ft., an exception to this section can be supported for the private maintenance of the proposed detention basin. Public Works has supported each exception request, and provided recommended conditions of approval that will ensure compliance with federal pollutant discharge and county storm water management regulations. The following Findings are in support of the exception requests: 234 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 15 of 17 Finding #1 – That there are unusual circumstances or conditions affecting the property. The existing drainage ditch hydraulic analysis indicates that the system collecting & conveying pre-development storm water 10-yr flows is inadequate. This is because the ditch traverses several private properties and with multiple culverts of unknown sizes and hydraulic properties. Any improvements to the on-site portion of the channel will not improve the channel’s capacity as the further downstream flows remain constrained. So, the existing overall drainage system will continue to remain inadequate. The use of a private detention basin is necessary to make certain that the post development flows don’t exceed predevelopment flows which will alleviate the inadequacy of the natural water course (drainage ditch). Finding #2 – That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant. Site design parameters for retaining post-development onsite flows are fully utilized in the form of a private detention basin. These flows have to be collected and conveyed into existing public storm drainage, so that the applicant can exercise the right to develop the business to remain & compete with the growing market, in compliance with Contra Costa County municipal code as well as California Building Code. The exception is required to preserve substantial property rights of the property owner for the betterment of the property. Finding #3 – That the granting of exception will not be materially detrimental to the public welfare or injurious to other property in the territory, in which the property is situated. Section 914-2.004 requires construction of improvements to make the system adequate. However, post development runoff is lower than predevelopment flows and will alleviate some capacity concerns of the public drainage infrastructure. Additionally, existing drainage patterns are maintained. The proposed development is physically suitable for the type, density and intensity for this site. The use of detention basins is necessary to mitigate post development flows and comply with this finding. Hence, granting of the exception will not be materially detrimental to the public welfare or injurious to other property/properties in the project vicinity. XII. ALCOHOL SALES/TAKE-OUT FOOD The applicant is proposing to demolish and construct a new larger convenience store which will sell alcoholic beverages. County Code Chapter 82-38.406 (5) requires approval of a land use permit for an alcohol sales activity which increases the floor or display area by 20%. Thus, this project includes the necessary findings in order to support the request. The project also includes demolition and construction of a larger restaurant. County Code Section 82-38.204(c) defines an alcoholic beverage 235 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 16 of 17 sales commercial activity as the retail sale of alcoholic beverages in an establishment that is not a full-service restaurant. Therefore, the proposed alcohol sales within the restaurant is considered exempt and separate from the convenience store portion of the project. The Alcoholic Beverages Sales ordinance also establishes locational restrictions on where sales activities can occur. County Code Section 82-38.604(a)(1) restricts establishment of a new alcoholic beverage sales commercial activity within 700 feet of an existing alcoholic beverage sales commercial activity, (2) within 400 feet of a public or private accredited school, a public park, playground or recreational area, a place of worship, an alcohol or other drug recovery or treatment facility, or county social service office, and (3) within a Crime Reporting District, or within 600 feet of a Crime Reporting District, where the general crime rate exceeds the countywide general crime rate by more than 20 percent. According to the Department of Conservation and Development staff responsible for tracking these statistics, the project does not trigger any of these restrictions. Additionally, the area has not been determined by the State of California’s Department Alcohol Beverage Control to be in an area which has an undue concentration of alcohol licenses. Therefore, the requested alcohol beverage sales at this site is an appropriate use. XIII. SIGN PROGRAM / VARIANCE FOR MONUMENT SIGN The applicant has provided a complete Sign Program for this project. Chapter 88-6 Signs of the County Code regulates, quantity, placement, lighting and size of new signs. The elevations for the gas pump canopy indicate that branding will be located on the facia facing the Camino Diablo and Byron Highway corners of the site. The larger convenient store/restaurant building will have two identification signs on the front elevation facing Camino Diablo and one smaller sign on the side elevation facing Byron Highway. Preliminary review of the Sign Program indicates that each sign will conform to the County’s Sign Ordinance. If approved, the Final Sign Program review will be conducted during the Condition of Approval Compliance Review which is prior to issuance of Building Permits. The project also includes a variance request (10-ft setback required, 2 feet proposed) for the proposed monument sign located at the corner of Byron Highway/Camino Diablo. An existing monument sign has been established in this location for decades suggesting that the location is acceptable. To confirm there are no line-of-sight issues at this intersection, the applicant has provided an exhibit (attached) showing that the proposed signage is located outside of the prohibited “Sight Visibility Zone” as required by County Code Chapter 82-18 Sight Obstructions at Intersections. 236 County Planning Commission, April 10, 2024 County File #CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025 Page 17 of 17 Additionally, per the On-Site Circulation Plan (Sheet LP-RZ-2.2 of the plans) the path needed for a double tanker fuel truck dictates the location of the off-street parking etc. Therefore, given that a monument sign has been established in at this location for many years and that no viable alternative locations have been identified, supporting the variance request is justified. XIV. SUMMARY County staff has analyzed the proposed project in terms of neighborhood compatibility, environmental impact, appropriateness of use and conformance with the proposed County General Plan and zoning designations. The project will conform to all applicable development standards for the R-B Retail Business Zoning District (minus variance for monument sign location) and will add a modern gas station/convenient store/restaurant use and associated employment opportunities in an area with high demand for this type of development. XV. CONCLUSION Staff is recommending that the Planning Commission adopt a recommendation that the Board adopt the mitigated negative declaration prepared for the project, approve the General Plan Amendment and Rezoning and approve the Land Use Permit/Development Plan. 237 COA-1 FINDINGS & CONDITIONS OF APPROVAL FOR COUNTY FILE #’s CDGP10-00003, CDRZ13-03222, and CDLP/DP13-02025, CONTINENTAL DEVELOPMENT CONSULTANTS (APPLICANT) JASVIR SINGH (OWNER). FINDINGS A. General Plan Amendment 1. Required Finding: That adoption of the proposed General Plan amendment is consistent with the provisions of the County’s Urban Limit Line as outlined in Measure L-2006. Project Finding: The project includes approval of a General Plan Amendment (GPA), rezoning and land use permit/development plan combination to demolish the existing gas station, convenient store, and restaurant located on Assessor’s Parcel Number (APN) 002-140-010 and to re-construct an expanded gas station, convenient store and restaurant on three parcels, APN’s: 002-140-010, 025 and 027. Adoption of the GPA to change from Single-Family Residential-High Density (SH) to Commercial (CO) is consistent with the provisions of the Urban Limit Line (ULL). No change to the ULL would occur and the project does not require extension of urban services (i.e., water and sewer mains) beyond the ULL. The subject site is located inside the ULL and therefore may be developed with “urban” or “non-urban” uses, as defined in the 2005-2020 Contra Costa County General Plan. The proposed land use designation, CO, is urban. 2. Required Finding: That adoption of the proposed General Plan amendment will not result in a violation of the County’s 65/35 Land Preservation Standard. Project Finding: Adoption of the GPA will not result in a violation of the 65/35 Land Preservation Standard (the “65/35 Standard”), established through voter adoption of Measure C-1990 and reaffirmed through adoption of Measure L- 2006. Under the 65/35 Standard, no more than 35 percent of the land in the county, inclusive of the cities, may be designated for development of urban uses and at least 65 percent of the land must be designated for non-urban uses such as agriculture, open space, parks, etc. Approximately 28 percent of the land is currently designated for urban uses. The subject site’s Single-Family High Density (SH) land use designation is an urban designation. The change to a CO land use designation is also an urban designation, meaning adoption of the GPA will not change the percentage of land designated for urban uses. 3. Required Finding: That adoption of the proposed General Plan amendment complies with the provisions of Measure J-2004, the Contra Costa Growth Management Program, and related Contra Costa Transportation Authority resolutions. 238 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-2 Project Finding: The project complies with the objectives and requirements of Measure J-2004, the Contra Costa Growth Management Program (GMP), and related Contra Costa Transportation Authority (CCTA) resolutions. The CCTA GMP Implementation Guide (February 2021) sets forth procedures for local agency consultation and evaluation of impacts related to proposed GPAs. The project is expected to generate approximately 108 a.m. and 95 p.m. peak hour trips which will not result in a significant impact to a Route of Regional Significance. The project is therefore exempt from the GMP GPA Review Process. Nevertheless, the project was referred to the Regional Transportation Planning Committee for East Contra Costa County (TRANSPLAN) for review and comment; no comments were received. 4. Required Finding: That adoption of the proposed General Plan amendment will not cause the General Plan to become internally inconsistent, in violation of Government Code Section 65300.5. Project Finding: The General Plan comprises an integrated, compatible, and internally consistent statement of policies governing land use in unincorporated areas. The GPA is limited to a change to the Land Use Element Map and its adoption will not cause the General Plan to become internally inconsistent. The subject site is designated for single-family residential development, but is developed with a gas station, convenience store, and restaurant. The GPA involves redesignation of the site to allow for demolition and reconstruction, including expansion, of these commercial uses. CO and SH land use designations exist side-by-side throughout the county, including elsewhere in Byron. The County presumes these designations to be compatible because it is beneficial for commercial services to be proximate to residential areas. There are no General Plan policies precluding redesignation of the subject site to nonresidential use and the redesignation in no way conflicts with the overarching goals and policies of the General Plan related to land use, growth management, transportation, housing, noise, conservation, open space, and safety. Instead, the redesignation supports General Plan policies related to economic development and provision of adequate commercial services to meet the needs of county residents. 5. Required Finding: That adoption of the proposed General Plan amendment is in the public interest, as required under Government Code Section 65358(a). Project Finding: Byron is a small community with limited commercial services. The existing gas station is one of two in the immediate vicinity, and the only one conveniently located near the community’s center. The gas station building is aging, and the site layout is not optimal for ingress and egress. Reconstruction of the station and its associated convenience store and restaurant uses, will improve 239 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-3 safety by installing sidewalks along both property frontages and creating more separation between one of the driveways and the Byron Highway/Camino Diablo intersection. The project will also enhance the site’s appearance through construction of new buildings and installation of new landscaping; and allow for continued operation of small businesses that serve the community. Adoption of the proposed GPA is therefore in the public interest because it allows the project to move forward and provide beneficial uses to the immediate Byron community. 6. Required Finding: That adoption of the proposed General Plan amendment will not exceed the annual limit on General Plan amendments specified under Government Code Section 65358(b). Project Finding: Pursuant to Government Code Section 65358(b), no mandatory element of the General Plan may be amended more than four times per calendar year. The subject GPA affects the Land Use Element, a mandatory element, and is the first consolidated amendment of the Land Use Element for 2024. B. Rezone Findings Section 26-2.1806 of the County Ordinance Code requires specific findings to be made by the planning agency when a request for change in land use district is made; they are as follows: 1. Required Finding: The change proposed will substantially comply with the general plan. Project Finding: The project site consists of three parcels. The northern most parcel (APN: 002-140-010) is currently developed with a gas station, convenience store and restaurant. The zoning for this parcel is R-B Retail Business (R-B) and does not require a re-zoning. As the project includes the demolition of all improvements and construction of an expanded gas station, convenience store and restaurant. The two southern parcels (APN’s: 002-140-025 and 027) will need to be re-zoned from A-2 General Agricultural District (A-2) to R-B. Table 3-5 of the 2005-2020 County General Plan (Consistency Between the General Plan and the Zoning Ordinance) outlines which specific zoning districts are consistent with each General Plan designation. As indicated within that table, the General Plan designation of CO is consistent with the R-B zoning district. Furthermore, as the project site is located immediately adjacent to the Byron Highway, which is a heavily traveled roadway and within close proximity to established commercial, agricultural and residential neighborhoods, the rezoning to allow an expansion of the existing retail uses is justified. 240 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-4 2. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Project Finding: Zoning districts in the immediate vicinity are A-2 General Agricultural District, R-6 Single-Family Residential District, and General Commercial. The Union Pacific Railroad Company owns and operates a railroad directly to the west of the site across Byron Highway. Although the R-B district allows uses which tend to be more intense than a residential or agricultural zoning district, the subject property will essentially contain the same current uses. As the site is adjacent to the Byron Highway and a residential community, it is reasonable that services are to be in general proximity to meet local needs. By granting the rezone, the developer has an opportunity to modernize a gas station/convenience store and restaurant to meet current codes and regulations. Any proposed future use that includes noise, smoke or vibration in nature, would require approval from the County and must undergo its own environmental review. For those reasons it is unlikely that a major change in use other than retail would be considered for this site. Nevertheless, the primary land uses in the R-B district are generally community orientated services such as dry cleaners, restaurants and other residentially compatible uses. 3. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: Approval of County File #LP2138-86 by the Board of Supervisors allowed the subject gas station to be developed nearly 40 years ago. The gas station has been in continuous use and has been improved over time with a convenience store and small restaurant. However, the current infrastructure (buildings, etc.) no longer provide the footprint that a modern gas station requires. By allowing the rezone, the development will offer the property owner an opportunity to improve the value of site and to address existing drainage issues in the area by metering the rainwater runoff that leaves the site by installing landscaped areas and detention basins. Therefore, the project is justified as it will serve the immediate community and County residents that generally use the Byron Highway corridor. C. Land Use Permit Findings 1. The proposed project shall not be detrimental to the health, safety and general welfare of the County; Project Finding: The project involves a General Plan Amendment, Rezoning and Land Use Permit/Development Plan Combination to demolish an existing gas pump canopy (4 dispensers), convenience store and small restaurant to construct 241 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-5 a new gas pump canopy (12 dispensers), convenience store and restaurant. Gas stations typically store and transport large volumes of fuel which is highly combustible, thus there are risks associated with permitting these types of uses in any portion of the County. However, the industry is heavily regulated, and transport of any fuel will be routed through Bryon Highway which is away from the residential community to the east. Moreover, all existing underground storage tanks for gas and diesel will remain in-place which will limit site disturbance. Given that California codes are typically more stringent than Federal standards, the project will represent a minimal risk of exposure to the public and overall is considered a benefit to an area that is lacking in community services. 2. The proposed project shall not adversely affect the orderly development of property within the County; Project Finding: The subject gas station and convenience store have been in operation since the 1980’s. The project includes demolition of all buildings and construction of a new larger gas station and convenience store/restaurant. Rezoning of the site will not divide any existing communities nor preclude surrounding properties from performing routine improvements. As the site is retail in nature, it is unlikely that the project will induce substantial population growth or result in displacement of existing housing or people. Staff is unaware of any evidence which suggests that the project will adversely affect development within the County or immediate area. 3. The proposed project shall not adversely affect the preservation of property values and the protection of the tax base within the County; Project Finding: The project involves the demolition of a gas station/convenience store/restaurant that has been in operation since the 1980’s. Construction of a new fuel pump canopy and convenience store/restaurant will offer a quality service option to the subject area where few retail options exist. Since the site has been developed with similar uses for decades, these improvements are not of a type and scale that would be expected to adversely affect property values. The convenience store will include 1 on-site manager and two cashiers, while the restaurant will employee 5 individuals. Operating hours of the gas station will be from 5:00 a.m. to 11:00 p.m. No use is proposed that would create permanent odors, smoke, or other nuisances which would expectedly affect property value in the vicinity. Therefore, the project is expected to positively add to the tax base within the County. 242 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-6 4. The proposed project as conditioned shall not adversely affect the policy and goals as set by the General Plan; Project Finding: This approval allows a General Plan designation change from Single-Family Residential-High Density (SH) to Commercial (CO). The CO designation allows for a broad range of commercial uses typically found in smaller-scale neighborhood, community, and thoroughfare commercial districts. Gas stations, convenient stores and restaurants fit into this category of smaller- scale neighborhood uses that are allowed. Therefore, the project is not expected to adversely affect the policies and goals within the General Plan. 5. The proposed project shall not create a nuisance and/or enforcement problem within the neighborhood or community; Project Finding: The project allows gas station operating hours between 5:00 a.m. and 11:00 p.m. However, because the project doesn’t include any uses that incorporate amplified loudspeakers or gathering of large numbers of people, the gas station/convenience store/restaurant use will be consistent with the present uses of the site. Furthermore, the project doesn’t include uses that would create permanent odors, smoke, or other nuisance which would expectedly affect quiet enjoyment of private property in the vicinity. The project’s compliance with all Building Regulations and Conditions of Approval will ensure that all project elements are permitted and constructed in a manner that does not encourage any nuisance related to drainage, mosquito or vector habitat, substandard buildings/structures, or any other known nuisance types. Therefore, the project will not create a nuisance and/or enforcement problem within the neighborhood or community. 6. The proposed project as conditioned shall not encourage marginal development within the neighborhood; Project Finding: The project allows the continuation of an existing gas station/convenience store/restaurant use that has been in operation for nearly four decades. The built-out nature of the project will discourage loitering by having each space of the site developed with a building, landscaping, drainage or parking. The project has incorporated 35 off-street parking spaces that will ensure patrons and service providers will have ample on-site parking options to avoid parking on adjacent rights-of-way. No vacant retail spaces are included with this project, suggesting that no less desirable uses would have an opportunity to occupy a readily available retail space. Furthermore, development in the neighborhood is controlled by the County’s Zoning Code and General Plan, which requires County review and approval prior to establishing new uses. Thus, 243 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-7 as conditioned, the project will not encourage marginal development within the area. 7. That special conditions or unique characteristics of the subject property and its location or surroundings are established. Project Finding: The subject property is an existing gas station/convenience store/restaurant use that provides retail orientated services in the Byron area of Contra Costa County. Given that the majority of adjacent properties have been developed for many years, the unique characteristics of the site and area are well established. The project site is well served by existing infrastructure (sanitary), including direct access to Byron Highway and Camino Diablo. The existing storm drain system for this area has experienced flooding in the past. These existing drainage issues within the area are expected to remain similar to present conditions as downstream properties are privately held and not subject to this County action. However, given that the project incorporates landscaped areas and bio-retention basins, the outflow of rainwater leaving this site will be metered and ultimately reduce the burden on the existing downstream infrastructure. This reduction in peak hour flow is considered a beneficial aspect of the project. Thus, the special conditions or unique characteristics of the subject property, and its location or surroundings, are established and will remain substantially consistent as a result of the project. D. Development Plan Findings 1. Required Finding: The proposed project is consistent with the purpose of the zoning district. Project Finding: The project site consists of three parcels. The northern most parcel (APN: 002-140-010) is currently developed with a gas station, convenience store and restaurant. The zoning for this parcel is R-B Retail Business (R-B). The two southern parcels (APN’s: 002-140-025 and 027) will be re-zoned from A-2 General Agricultural District (A-2) to R-B to allow for the expansion. Both zoning districts allow neighborhood service-oriented businesses, however, the A-2 district does not provide the flexibility needed to establish a modern commercial gas station/restaurant/convenience store that will serve the immediate Byron community. Although the approved R-B district allows uses which tend to be more intense, the subject property will essentially contain the same current uses. Any proposed future use that is industrial in nature, would require approval from the County and must undergo its own environmental review. Nevertheless, the primary land uses in the R-B district are generally 244 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-8 community orientated services such as dry cleaners, restaurants and other residentially compatible uses. Therefore, the project is consistent with the purpose of the zoning district in which it is located. 2. Required Finding: The proposed project is architecturally compatible with other uses in the vicinity, both inside and outside the zoning district. Project Finding: Uses in the vicinity include residential sites, agricultural and commercial operations as well as the Union Pacific Railroad directly to the west across Byron Highway. As such, the area is diverse with many structures being of moderate height (single-story). The project will change the aesthetics of the site; however, construction of the new building and infrastructure will be an improvement compared to the aged structures slated for demolishing which are nearing the end of their useful lifespan. The new building will be approximately 25 feet tall at its tallest point, however, much of the building will be 18 feet tall due to the different architectural elements. The building will be painted with earth tone colors (Golden and Dellwood sand) and incorporate numerous windows at the entrance which does well to visually diversify the front façade. The new pump canopy will be approximately 22 feet tall with a light brown parapet and associated branding colors (teal, yellow and white) along the facia. As a similar use and buildings have been operated on this site for many years, the improved aesthetics will be an attractive improvement to this site and surrounding area. Thus, the project is architecturally compatible with other uses both inside and outside the zoning district. E. Variance Findings 1. Required Finding: That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located. Project Finding: The variance is for a 2-foot front setback where 10 feet is required for the re-facing of an existing monument sign. The subject property is a predominantly flat 1.0-acre site located at the southeast corner of Byron Highway and Camino Diablo. The overall project is to demolish an existing gas station/convenience store/restaurant and rebuild new buildings and infrastructure to continue similar uses. Given the type of use and other examples of similar sign locations at other gas stations within the general area, it can be expected that variances would be needed for similar projects within the general vicinity. Thus, the approval of this variance is not considered a grant of special 245 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-9 privilege and is consistent with other properties in the vicinity with respect to the R-B zoning district in which it is located. 2. Required Finding: That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of the rights enjoyed by other properties in the vicinity and within the identical land use district. Project Finding: Signage is necessary to identify the site and advertise the approved gas station use. Due to County code requirements, nearly all the site is used for landscaping, off-street parking or drainage. Therefore, given the relatively small size of the project site, no viable alternative locations for the sign have been identified. Therefore, due to the relatively small size of the project site and lack of available space to locate the sign in alternative locations, if strict application of the zoning regulations where implemented it would deprive the subject property of the rights enjoyed by other properties in the vicinity that are also in the R-B zoning district. 3. Required Finding: That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the property is located. Project Finding: The project is to construct a new upgraded gas station/convenience store/restaurant at this location. The variance is necessary to re-face an existing monument sign in its current location. The existing monument sign has been established in its location for decades suggesting that the location is acceptable. To confirm there are no line-of-sight issues at this intersection, the applicant has provided Exhibit 1 showing that the proposed signage is located outside of the prohibited “Sight Visibility Zone” as required by County Code Chapter 82-18 Sight Obstructions at Intersections. Additionally, per the On-Site Circulation Plan (Sheet LP-RZ-2.2 of the approved plans) the path needed for a double tanker fuel truck dictates the location of the off-street parking etc., which in-turn limits the space available for alternative sign locations. Therefore, given that a monument sign has been established at this location for many years and that no viable alternative locations have been identified, supporting the variance request is justified and substantially meets the intent and purpose of the land use district in which it is located. 246 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-10 F. Growth Management Performance Standards 1. Traffic: The project involves construction of a 12-dispenser gas station, convenience store and restaurant totaling 4,692 square feet in area. The project will generate approximately 100 or more AM or PM peak-hour trips (1,290 existing minus 2,518 proposed trips equals 1,348 new trips per day) therefore, the applicant has contracted TJKM Transportation Consultants to prepare a Transportation Impact Assessment (Report) for the project, final report dated July 2022 (supplemental Technical Memorandum dated January 2023). The Report analyzed existing conditions, project conditions, cumulative conditions and project’s influence on the adjacent bicycle, pedestrian and transit network. Numerous intersections have been studied in preparation of the Report, in part using traffic counts during weekday AM and PM peak hour traffic volumes. The Holway Drive/Camino Diablo intersection which is located one block to the west of the project site was identified as being potentially impacted by the project. The potential impact to that intersection’s Level of Service (LOS) may increase traffic queuing by 1.7 seconds. Mitigation measures have been identified aimed at reducing this traffic related impact to less than significant levels (COA #22). Thus, the project applicant must provide evidence to DCD staff prior to Final Building Inspection (occupancy), showing that a fair-share payment has been made towards the installation of a traffic signal at the Holway Drive/Camino Diablo intersection. Installation of the signal light would result in improved intersection LOS performance. Therefore, the project as conditioned will not cause any unacceptable traffic related impacts in the immediate vicinity or area in general. 2. Water: Potable water is provided by an on-site well that has been producing for decades. No evidence has been provided to suggest potable water will not be available to the project site in the future. 3. Sewage: The sewage collection system would transport wastewater from the project site to a Byron Sanitary District facility for treatment. The new on-site piping system is required to comply with all applicable requirements established by the District. District staff has returned comments indicating that permits are required for the project which suggests that capacity exists in the system to accommodate the project. Therefore, the project related wastewater is not expected to exceed wastewater treatment regulations. 4. Fire Protection: The service standard for fire protection is based on distance. The General Plan states that new development must be within 1.5 miles driving distance of a fire station or must be equipped with improvements, such as automatic sprinklers and in some cases water storage tanks, to enhance 247 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-11 firefighting capabilities. The project will incorporate a water storage tank and sprinklers per the current Building Code. Rezoning the site would neither alter its distance to a fire station nor lessen the requirements for installation of fire suppression equipment. Based on the foregoing, there is no evidence in the record that the project would be detrimental to the health, safety and general welfare of the County. The project’s compliance with all County Ordinances, California Health and Safety Code, California Building Code, and California Fire Code ensure that the project will be operated in accordance with all applicable health and safety regulations. 5. Public Protection: The project is not anticipated to increase the demand for police service facilities, as the project will not significantly add to the population of the County or include any marginal uses. 6. Parks and Recreation: The project will not increase the demand for parks or recreation facilities, as the project does not increase the housing stock in the County. 7. Flood Control and Drainage: The entire site’s drainage is required to be addressed as part of the project design. As such, the proposal includes landscaping, a retention basin and porous asphalt which will account for 30% of the site. Currently, approximately a third of the runoff from parcel-2 (APN #002- 140-025) – situated behind the gas station – drains onto Byron Highway and then into a ditch at the eastern end of the site. In contrast, the post-development strategy channels the runoff from both parcels 2 and 3 (APN #002-140-027) to an on-site detention pond first, before draining into the ditch. This approach will result in flow rate reductions of 0.158 cubic feet per second (cfs) (10yr-3hr storm) and 0.273cfs (100yr-3hr storm) between the pre and post-development phases. The County Public Works Department has reviewed the project and associated Stormwater Control Plan and deemed it preliminarily complete and has recommended conditions of approval which ensure compliance with federal pollutant discharge and County storm water management regulations. Those recommended conditions of approval (COA) have been incorporated into the project approval as COA’s #33-55. G. Alcohol Sales Findings Section 82-38.606 of the County Ordinance Code requires specific findings to be made by the planning agency when a request for change in mode of operation of an alcohol sales use is considered for approval: 1. Required Finding: A finding of "public convenience and necessity" (Business and Professions Code Section 23958.4(b)(2)), if the activity will be located in an area 248 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-12 that has been determined by the state of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). Project Finding: The project includes demolition and re-construction of a larger gas station, convenience store, and restaurant. A search of nearby properties indicated that the subject site is not within 700 feet of another alcohol sales business, which will aid in eliminating any undue concentration of alcohol licenses in this portion of Byron. Additionally, there are no schools, public parks, churches, hospitals, rehab facilities, or social service facilities within 400 feet of the site. Therefore, the project site is appropriate for the intended alcohol sales activity. 2. Required Finding: A finding that the alcoholic beverage sales commercial activity will not aggravate existing problems in the neighborhood created by the sale of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering. Project Finding: The subject site has conducted alcohol sales for many decades. Although occasional “Calls For Service” have been generated from this location, Sheriff reports indicate that the causes are varied and not as result of alcohol sales. As such, this location is not within a “Crime Reporting District” as determined by the Contra Costa County Sheriff’s Office, which suggests that the site does not experience an elevated amount of crime or “Calls For Service” compared to the County as a whole. H. California Environmental Quality Act (CEQA) Findings The combination of type and location of the project creates a scenario where there is minimal potential for adverse impacts to plant/animal communities, examples of California history, or the environment in general. However, the construction phase of the project may have impacts on unforeseen cultural resources yet to be discovered, air quality and traffic. To mitigate those potential impacts, mitigation measures have been incorporated into this project that once implemented will reduce potential impacts to less than significant levels. Once constructed, the gas station, restaurant and convenience store will primarily require electrical power and re-fueling for operation and will not produce significant amounts of hazardous waste as a byproduct of its operation. There is no substantial evidence that the project involves unusual circumstances, including future activities, resulting in, or which might reasonably result in, significant impacts which threaten the environment. 249 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-13 I. Findings for Granting Exceptions to Division 914 (Drainage) The applicant shall be permitted exceptions from Section 914-2.004 (Offsite collect and convey requirements) and Section 914-12.010 (Detention Basins-Maintenance) of the Code to allow for private maintenance of the detention infrastructure. 1. Required Finding: That there are unusual circumstances or conditions affecting the property. Project Finding: The existing drainage ditch hydraulic analysis indicates that the system collecting & conveying pre-development storm water 10-yr flows is inadequate. This is because the ditch traverses several private properties and with multiple culverts of unknown sizes and hydraulic properties. Any improvements to the on-site portion of the channel will not improve the channel’s capacity as the further downstream flows remain constrained. So, the existing overall drainage system will continue to remain inadequate. The use of a private detention basin is necessary to make certain that the post development flows don’t exceed predevelopment flows which will alleviate the inadequacy of the natural water course (drainage ditch). 2. Required Finding: That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant. Project Finding: Site design parameters for retaining post-development onsite flows are fully utilized in the form of a private detention basin. These flows have to be collected and conveyed into existing public storm drainage, so that the applicant can exercise the right to develop the business to remain competitive with the growing market, in compliance with Contra Costa County municipal code as well as California Building Code. The exception is required to preserve substantial property rights of the property owner for the betterment of the property. 3. Required Finding: That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. Project Finding: Section 914-2.004 requires construction of improvements to make the system adequate. However, post development runoff is lower than predevelopment flows and will alleviate some capacity concerns of the public drainage infrastructure. Additionally, existing drainage patterns are maintained. The approved development is physically suitable for the type, density and intensity for this site. The use of detention basins is necessary to mitigate post development 250 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-14 flows and comply with this finding. Hence, granting of the exception will not be materially detrimental to the public welfare or injurious to other property/properties in the project vicinity. CONDITIONS OF APPROVAL Project Approval 1. Development is APPROVED as generally described in the application materials received by the Department of Conservation and Development/Community Development Division (CDD) on January 31, 2013, (including revised plans dated July 12, 2021) and subject to the conditions of approval below. 2. Approval is granted to allow for the following variance that meets the requirements of Section 26-2.2006 of the County Ordinance Code: • 2-foot setback granted where 10 feet is the minimum required for a monument sign. 3. Approval is granted to allow a Type 21 Alcohol Sales License – Off Sale General (beer, wine, and distilled spirits for consumption off the premises where sold). Application Fees 4. The applications submitted were subject to an initial deposit of $9,979 for the Land Use Permit/Development Plan Combination, $6,500 for the rezone and $8,500 for the General Plan Amendment. The applications are subject to time and material costs if the application review expenses exceed the initial deposit. Any additional fee due must be paid prior to an application for a grading or building permit, or 60 days of the effective date of this permit, whichever occurs first. The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2019/553, where a fee payment is over 60 days past due, the Department of Conservation and Development may seek a court judgement against the applicant and will charge interest at a rate of ten percent (10%) from the date of judgement. The applicant may obtain current costs by contacting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. 251 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-15 Indemnification 5. The applicant (including the developer or any agent thereof) shall defend, indemnify, and hold harmless the County, agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside, void, of annul, the Agency’s approval concerning this project, which action is brought within the time period provided in Section 66499.37. The County will promptly notify the developer of any such claim, action, or proceeding and cooperate fully in the defense. Compliance Report 6. At least 45 days prior to applying for a grading or building permit, whichever occurs first, the applicant shall provide a permit compliance report to the Department of Conservation and Development, Community Development Division (CDD) for review and approval. The report shall identify all conditions of approval that are administered by the CDD. The report shall document the measures taken by the applicant to satisfy all relevant conditions. Copies of the permit conditions may be obtained from the CDD. Unless otherwise indicated, the applicant will be required to demonstrate compliance with the applicable conditions of this report prior to applying for related permits. The permit compliance review is subject to staff time and materials charges, with an initial deposit of $1,500, which shall be paid at the time of submittal of the compliance report. General Provisions 7. County File #LP2138-86 shall become null and void upon execution (e.g., issuance of building, demolition, or grading permits) of this project approval. 8. At least 30-days prior to occupancy, any new tenant shall submit a Property Use Verification (PUV) application to CDD staff in order to verify consistency with this permit. The PUV will be necessary to obtain any required business licenses from the County Tax Collector’s Office. 252 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-16 9. This approval includes the design of a new gas station, convenience store and restaurant. Any changes to the approved plans stated above must be submitted for review and approval of CDD, and may require the submittal of a new application, if deemed necessary. 10. No portion of the building or site shall be leased, rented, or otherwise offered to the general public for the hosting of special events. 11. No live music shall be hosted at this location (amplified or otherwise). 12. The site shall be kept clean of all trash and graffiti at all times. 13. Prior to final building inspection of the building in which alcohol sales will be administered, the applicant shall provide evidence to the CDD that a license has been obtained or is under review by the California Department of Alcoholic Beverage Control for the alcohol sales approved under this permit. All required permits from the California ABC shall remain current and in good standing for the life of the approved alcohol sales use. 14. Outdoor seating shall not be allowed at this location without a subsequent land use permit/development plan combination application and review/approval by the DCD. 15. Upon the request of any private property owner located within 400 feet of the project site, the business operator shall ensure the pick-up and proper disposal of trash, litter, and garbage originating from any establishment on the subject property. 16. The applicant/owner/operator shall make a good faith effort to have fuel deliveries occur after 7pm. Lot Line Adjustment 17. At least 60 days prior to requesting a grading or building permit, the applicant shall apply for and record an approved lot line adjustment that re-configures the property boundaries into the configuration approved with this application. 253 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-17 Air Quality 18. The following Bay Area Air Quality Management District, Basic Construction mitigation measures shall be implemented during project demolition and construction and shall be included on all construction plans: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). f. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). g. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. h. Replant vegetation in disturbed areas as quickly as possible. i. All vehicle speeds on unpaved roads shall be limited to 15 mph. j. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. k. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. l. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 254 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-18 m. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. (Mitigation Measure AIR-1) 19. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action within 24 hours. The CDD phone number to call in complaints shall also be visible to ensure compliance with applicable regulations. Cultural Resources 20. Stop work and conduct an evaluation of accidental discovery of human remains or find. Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner’s authority. If human remains are encountered, work shall halt within 50-feet of the find and the County Coroner notified immediately. At the same time, an archaeologist should be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendent to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. All work shall be postponed until a qualified archaeologist has had an opportunity to evaluate any potential find. (Mitigation Measure CUL-1) 255 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-19 Hazards and Hazardous Materials 21. The project applicant/or owners and operators of businesses on the site shall obtain all required permits and follow all applicable County, State, and Federal regulations regarding the use, storage and disposal of hazardous materials and shall conduct their operations in compliance with such permits and regulations. (HAZ-1) Transportation 22. At least 30-days prior to requesting Final Building Inspections (occupancy), the applicant shall provide evidence for review and approval of CDD staff, that the fair- share payment has been made towards the installation of a traffic signal at the Holway Drive/Camino Diablo intersection. (TRAFFIC-1) Landscaping 23. At least 30 days prior to CDD stamp-approval of plans for issuance of a building permit, a final landscape and irrigation plan shall be submitted to the CDD for review and approval. The landscaping plan shall conform to the State’s Model Water Efficient Landscape Ordinance or the County’s Ordinance, if one is adopted. Prior to requesting a final inspection, the approved landscaping shall be installed and evidence of the installation (e.g., photos) shall be provided for the review and approval of CDD. Signage 24. At least 30 days prior to submittal of a building permit application for signage, a detailed sign program shall be submitted for the review and approval of CDD. 25. Tree removal shall occur only with an approved grading or building permit. Construction Noise 26. The following noise reduction measures shall be implemented during project construction and shall be included on all construction plans. 256 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-20 A. Unless specifically approved otherwise via prior authorization from the Zoning Administrator, all construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on State and Federal holidays on the calendar dates that these holidays are observed by the State or Federal government as listed below: New Year’s Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington’s Birthday (Federal) Lincoln’s Birthday (State) President’s Day (State) Cesar Chavez Day (State) Memorial Day (State and Federal) Juneteenth National Independence Holiday (Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the State and Federal holidays occur, please visit the following websites: Federal Holidays: Federal Holidays (opm.gov) California Holidays: http://www.ftb.ca.gov/aboutftb/holidays.shtml B. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties, and to uses on the site. This shall be communicated to all project-related contractors. C. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. D. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours shall be limited 257 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-21 to weekdays between the hours of 9:00 A.M. and 4:00 P.M. and prohibited on State and Federal holidays. 27. A pre-construction meeting shall be held to confirm that all noise mitigation measures and practices (including construction hours, neighborhood notification, posted signs, etc.) are completed prior to the start of construction. 28. The applicant shall notify neighbors within 300 feet of the subject property at least one week in advance of demolition, grading, and construction activities. Debris Recovery 29. At least 15 days prior to the issuance of a grading permit or building permit, the developer shall demonstrate compliance with the Debris Recovery Cal Green program. 30. Dumpsters or refuse areas shall be screened from view from any roadway. PUBLIC WORKS CONDITIONS OF APPROVAL FOR COUNTY FILE CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANE OF A BUILDING PERMIT AND/OR PRIOR TO INITIATION OF THE USE APPROVED UNDER THIS PERMIT. General Requirements 31. Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the Ordinance Code. Any exceptions(s) must be stipulated in these Conditions of Approval. Conditions of Approval are based on the site plan submitted to the Department of Conservation and Development on July 21. 2021. 32. For Public Works review for compliance relative to this Land Use Permit, a Compliance Review Fee deposit shall be submitted directly to the Public Works Department in accordance with the County’s adopted Fee Schedule for such services. This fee is separate from similar fees required by the Department of Conservation and Development and is a deposit to offset staff costs relative to review and processing of these conditions of approval and other Public Works related services ancillary to the issuance of building permits and completion of this project. 258 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-22 33. Improvement plans prepared by a registered civil engineer shall be submitted, if necessary, to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. Any necessary traffic signing and striping shall be included in the improvement plans for review by the Transportation Engineering Division of the Public Works Department. 34. The three parcels shall be merged into a single lot through a lot line adjustment or alternative process as prescribed by the Department of Conservation and Development. Roadway Improvements (Byron Highway/Camino Diablo) 35. Applicant shall construct curb, 10-foot sidewalk, necessary longitudinal and transverse drainage, streetlights, pavement widening and transitions along the frontages of Byron Highway and Camino Diablo. Applicant shall construct face of curb to match the existing sidewalk and curb line on APN 002-140-010. 36. Any cracked and displaced curb, gutter, and sidewalk shall be removed and replaced along the project frontage of Byron Highway and Camino Diablo. Concrete shall be saw cut prior to removal. Existing lines and grade shall be maintained. New curbs and gutters shall be doweled into existing improvements. 37. Applicant shall construct a street type connection with 20-foot radii curb returns in lieu of standard driveway depressions at Byron Highway and Camino Diablo. Any existing driveways that are not to be used shall similarly be removed and replaced. Access to Adjoining Property Proof of Access 38. Applicant shall furnish proof to the Public Works Department of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary, or permanent, public, and private road and drainage improvements. Encroachment Permit 39. Applicant shall obtain an encroachment permit from the Public Works Department, if necessary, for construction of driveways or other improvements within the right-of- way of Byron Highway and Camino Diablo. 259 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-23 Site Access 40. Applicant shall only be permitted access at the locations shown on the approved site/development plan. Road Alignment/Intersection Design/Sight Distance 41. Applicant shall provide sight distance at the intersection of each driveway onto Byron Highway and Camino Diablo in accordance with Chapter 82-18 “Sight Obstructions at Intersections” of the County Ordinance Code. The applicant shall trim vegetation, as necessary, to provide sight distance at this intersection, and any new signage, landscaping, fencing, retaining walls, or other obstructions proposed at this intersection shall be setback to ensure that the sight line is clear of any obstructions. Per the California Highway Design Manual, improvements shall not obstruct sight distance for a design speed of 35 miles per hour on Camino Diablo and 45 miles per hour on Byron Highway. Road Dedications 42. Property owner(s) shall convey to the County, by Offer of Dedication, the right-of- way as necessary to accommodate the existing and proposed frontage improvements, i.e., 10-foot offset from the face of curb. Pedestrian Facilities Pedestrian Access 43. Curb ramps and driveways shall be designed and constructed in accordance with current County standards. A detectable warning surface (e.g., truncated domes) shall be installed on all curb ramps. Adequate right-of-way shall be dedicated at the curb returns to accommodate the returns and curb ramps; accommodate a minimum 4- foot landing on top of any curb ramp proposed. Utilities/Undergrounding 44. Applicant shall underground all existing utility distribution facilities, including those along the frontage of Camino Diablo and Byron Highway. Applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement 260 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-24 Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. Drainage Improvements Collect and Convey 45. Applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Exception Section 914-2.004 Applicant is granted an exception from the off-site collect and convey requirement of the Ordinance Code by the advisory agency as provided for in 92-6.002 of said Code provided: o The stormwater runoff from the site is reduced to, or below pre-project flow rates as a result from the construction of on-site detention infrastructure. o The existing runoff pattern is not changed. o Concentrated stormwater is not discharged onto adjacent property. Exception Section 914-12.010 Applicant is granted an exception from the public entity maintenance requirement of the Ordinance Code by the advisory agency as provided for in 92-6.002 of said Code. The maintenance obligation relative to the detention/stormwater management basin will be satisfied in the Stormwater Maintenance Operation and Maintenance Agreement and Plan. Miscellaneous Drainage Requirements 46. Applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Department design standards. 47. Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. 261 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-25 48. Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of stormwater pollutants. The project design shall incorporate wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program for the site's stormwater drainage: - Minimize the amount of directly connected impervious surface area. - Install approved full trash capture devices on all catch basins (excluding catch basins within bioretention area) as reviewed and approved by Public Works Department. Trash capture devices shall meet the requirements of the County’s NPDES Permit. - Place advisory warnings on all catch basins and storm drains using current storm drain markers. - Shallow roadside and on-site swales. - Filtering Inlets. - Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter. - Applicant shall attempt to incorporate the use of pavers and/or pervious pavement on-site to reduce the amount of directly connected impervious surface area. - The applicant shall sweep the paved portion of the site quarterly, at least once a year a vacuum type sweeper. Verification (invoices, etc.) of the sweeping shall be provided to the County Clean Water Program Administrative Assistant at 255 Glacier Drive, Martinez CA 94553 (925) 313-2238). - Trash bins shall be sealed to prevent leakage OR shall be located within a covered enclosure. - Applicant shall develop a spills program for the on-site fueling facility and submit the plan to the Contra Costa County Clean Water Program for review and approval. - Applicant shall provide a secondary containment system for the above ground fuel storage tank. - Other alternatives comparable to the above as approved by the Public Works Department. Stormwater Management and Discharge Control Ordinance 49. The applicant shall submit a final Storm Water Control Plan (SWCP) and a Stormwater Control Operation and Maintenance Plan (O+M Plan) to the Public Works Department, which shall be reviewed for compliance with the County’s 262 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-26 National Pollutant Discharge Elimination System (NPDES) Permit and shall be deemed consistent with the County’s Stormwater Management and Discharge Control Ordinance (§1014) prior to issuance of a building permit. All time and materials costs for review and preparation of the SWCP and the O+M Plan shall be borne by the applicant. 50. Improvement plans shall be reviewed to verify consistency with the final SWCP and compliance with Provision C.3 of the County’s NPDES Permit and the County’s Stormwater Management and Discharge Control Ordinance (§1014). 51. Stormwater management facilities shall be subject to inspection by the Public Works Department; all time and materials costs for inspection of stormwater management facilities shall be borne by the applicant. 52. Prior to issuance of a building permit the property owner(s) shall enter into a Stormwater Management Facility Operation and Maintenance Agreement with Contra Costa County, in which the property owner(s) shall accept responsibility for and related to the operation and maintenance of the stormwater facilities, and grant access to relevant public agencies for inspection of stormwater management facilities. 53. Prior to issuance of a building permit, the property owner(s) shall annex the subject property into Community Facilities District (CFD) No. 2007-1 (Stormwater Management Facilities), which funds responsibilities of Contra Costa County under its NPDES Permit to oversee the ongoing operation and maintenance of stormwater facilities by property owners. 54. Any proposed water quality features that are designed to retain water for longer than 72 hours shall be subject to the review of the Contra Costa Mosquito & Vector Control District. Transportation Impact Mitigation 55. At least 30-days prior to requesting Final Building Inspections (occupancy), the applicant shall provide evidence for review and approval of Public Works and CDD staff, that the fair-share payment has been made towards the installation of a traffic signal at the Holway Drive/Camino Diablo intersection. 263 Board of Supervisors, June 4, 2024 County File #CDGP10-00003, CDRZ13-3222 and CDLP/DP13-02025 Findings & Conditions of Approval COA-27 ADVISORY NOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. A. Notice of 90-day opportunity to protest fees, dedications, reservation, or other exactions pertaining to the approval of this permit. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservation, and/or exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. The ninety (90) day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by the approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Department of Conservation & Development, Community Development Division within the 90 days of the approval date of this permit. • Applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East Contra Costa Regional Fee and Finance Authority/Regional Transportation Development Impact Mitigation (ECCRFFA/RTDIM) and East County Regional Areas of Benefit (ECRAOB), as adopted by the Board of Supervisors. Payment is required prior to issuance of a building permit. • Contra Costa Health Services, Department of Environmental Health. • Contra Costa Health Services, Hazardous Materials. • Contra Costa County, Fire Protection District. • Byron Sanitary District. 264 25.0'25.0 ' 2. 3 '(E) MONUMENT SIGN BYRON H IGHWAY CAMINO DIABLO EXHIBIT @ STREET INTERSECTION1 PROPERTY LINE SIGHT VISIBILITY ZONE 265 266 267 268 269 270 271 0'-0"FINISH FLOOR+17'-0"T.O. LOW PARAPET+20'-0"T.O. HIGH PARAPET+23'-3"T.O. STANDING SEAMMETAL ROOF (LOW)+24'-6"T.O. STANDING SEAMMETAL ROOF (HIGH)+10'-0"T.O. SECOND FLOOR+9'-0"T.O. SECOND FLOOR@ BACKROOM0'-0"FINISH FLOOR+8'-0"T.O. DOOR & WINDOW+17'-0"T.O. LOW PARAPET+20'-0"T.O. HIGH PARAPET0'-0"FINISH FLOOR+8'-0"T.O. DOOR+20'-0"T.O. HIGH PARAPET+23'-3"T.O. STANDING SEAMMETAL ROOF (LOW)+24'-6"T.O. STANDING SEAMMETAL ROOF (HIGH)+23'-3"T.O. STANDING SEAMMETAL ROOF (HIGH)+24'-6"T.O. STANDING SEAMMETAL ROOF (HIGH)PATIOBEYONDBYRON CORNERS"FRIENDLIEST LITTLE STORE IN TOWN!"LOGO3'-0"1'-2"3'-0"150312'-0"16'-0"2'-0"+9'-0"T.O. SECOND FLOOR@ BACKROOM+10'-0"T.O. SECOND FLOOR0'-0"FINISH FLOOR+10'-0"T.O. SECOND FLOOR+17'-0"T.O. LOW PARAPET+20'-0"T.O. HIGH PARAPET+23'-3"T.O. STANDING SEAMMETAL ROOF (LOW)+24'-6"T.O. STANDING SEAMMETAL ROOF (HIGH)BYRON CORNERS"FRIENDLIEST LITTLE STORE IN TOWN!"LOGO3'-0"2'-3"1'-11"5'-0"5'-0"12'-0"4'-0"4'-0"TAQUERIA DIAZ2'-6"2'-9"1'-11"18'-0"+9'-0"T.O. SECOND FLOOR@ BACKROOM2'-6"2'-10"REVISIONS:CHK BY:TITLE PROJECTDWG BY:DATE:JOB :Continental Development Consultants, Inc. Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Continental Development Consultants, Inc. Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CAJSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD) 15031, 15045 & 15057 BYORN HWYBYRON, CONTRA COSTA COUNTY, CA 94514 FRONT (NORTH-WEST) ELEVATIONSCALE: 3/16"=1'STREET SIDE (SOUTH-WEST) ELEVATIONINTERIOR SITE SIDE (NORTH-EAST) ELEVATIONREAR (SOUTH-EAST) ELEVATION111134576554677775464ELEVATION KEY NOTES:STONE WAINSCOTSTOREFRONT SYSTEMACCENT STRIPEWINDOW/DOOR SYSTEMFOAM CORNICESTANDING SEAM METAL ROOF1234567COLOR OR TYPEMATERIALEXTERIOR COLOR SCHEDULE LEGENDGOLDEN SANDDESCRIPTION & ITEM CODESBASESTONEWAINSCOTMANUFACTURER-CORONADOVIRGINIA LEDGEDELLWOOD SANDACCENT-ISEMI-GLOSSPAINTBENJAMIN MOORE1019DUSTY ROADBODY-ISEMI-GLOSSPAINTBENJAMIN MOORE1017SIMPLY WHITEBODY-IISEMI-GLOSSPAINTBENJAMIN MOORE2143-704231SCALE: 3/16"=1'SCALE: 3/16"=1'SCALE: 3/16"=1'444449821110101011WALL MOUNTED LED LIGHT9(4) 2' X 6' SHORT TERM BICYCLE PARKING.METAL LATTICE10COVERED & SECURED BICYCLE LOCKERS FOR4 EMPLOYEESPROPOSED BUILDING ELEVATIONS 07/12/2021DVSPKLP-RZ-4.0888856STUCCO TRIM1213BUILDING ADDRESSSIGNAGE1313131214CMU BLOCK WALL W/ PAINTED FINISH151415METAL AWNING3316STAIRS17METAL SHED161716173NIGHT SERVICE WINDOWCHECK WRITING PLATFORM18191617181933272 273 B Y RO N H IG HW A Y APN 002-140-010-6 APN 002-140-025-4 APN 002-140-027-0 LANDS OF HUMPHERYAPN #002-140-11(RESIDENTIAL) LANDS OF STACK APN #002-140-07(RESIDENTIAL) LANDS OF GLISSON APN #002-140-12 (RESIDENTIAL) CAMINO DIABLO REVISIONS:DWG BY:TITLEPROJECTDSN BY: DATE: JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.comLas Vegas, NVWoodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514DESIGN CONSULTANTS :- EASEMENT NOTE: EARTHWORK QUANTITIES: SHEET INDEX VICINITY MAP LEGEND: OWNER/DEVELOPER/ CONTACT:- TOPOGRAPHIC SURVEY NOTE:COVER SHEET07/11/2021 NS NS C1.0HS FLOOD ZONE INFORMATION know what's belowcall 811 before youdig 274 REVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514CENTRAL CONTRA COSTA SANITARY DISTRICT- SEWER NOTESNOTES 06/10/2021RPNSC1.1HSCONTRA COSTA COUNTY GENERAL NOTES” ”“” “”“”“”275 know what's belowcall 811 before youdigREVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 NOTES 06/10/2021NSNSC1.2HS GRADING NOTESUTILITY NOTESENGINEER AND DESIGNER DISCLAIMER NOTE CONTRACTOR NOTES’ ’ EARTHWORK (CUT AND FILL) CALCULATIONS NOTE276 LSSSousa Land SurveysTopographic Surveyof15031, 15045, and 15057 Byron Hwy City of Byron, County of Contra Costa,State of Californiatel 707.425.4300 fax 707.425.43001650 N. Lincoln St. Dixon, California 95620Field Survey Date: April 05, 2021Sheet 1 of 3’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ” ’ ’ ’ ’ ’’ ” ’ ” ’ ” ’ ” ’’ ” ’ ” ’ ” ’ ” C 2.0277 SSousa Land SurveysTopographic Surveyof15031, 15045, and 15057 Byron Hwy City of Byron, County of Contra Costa,State of CaliforniaLStel 707.425.4300 fax 707.425.43001650 N. Lincoln St. Dixon, California 9562020'NS010'W EIF PHYSICAL DISTANCE ACROSS SCALEBAR IS NOT EXACTLY TWO (2) INCHES,ADJUST SCALE ACCORDINGLY.20'SCALE: 1" = 20'Field Survey Date: April 05, 2021See Sheet 3See Sheet 3See Sheet 3Sheet 2 of 3C 2.1.1278 SSousa Land SurveysTopographic Surveyof15031, 15045, and 15057 Byron Hwy City of Byron, County of Contra Costa,State of CaliforniaLStel 707.425.4300 fax 707.425.43001650 N. Lincoln St. Dixon, California 9562020'NS010'W EIF PHYSICAL DISTANCE ACROSS SCALEBAR IS NOT EXACTLY TWO (2) INCHES,ADJUST SCALE ACCORDINGLY.20'SCALE: 1" = 20'Field Survey Date: April 05, 2021Sheet 3 of 3See Sheet 2 See Sheet 2C 2.1.2279 CURB TO BE REMOVED EXISTING CURB TO BE REMOVED(TYP.) DRIVEWAY TO BE REMOVED AND REPLACED WITH SIDEWALK AND CURB STORMDRAIN CATCH BASIN TO BE REMOVED STORM DRAIN PIPE TO BE REMOVED GASOLINE DISPERSERS TO BE REMOVED (UST TO REMAIN) STORMDRAIN CATCH BASIN TO BE REMOVED AREA DRAIN TO BE REMOVED WOOD FENCE TO BE REMOVED TREES TO BE REMOVED CONCRETE BLOCK TO BE REMOVED CONCRETE BLOCK TO BE REMOVED CAMINO DIABLO B Y RO N H IG HW A Y CANOPY TO BE REMOVED CONCRETE AND UNDERGROUND STORAGE TANKS,PROTECT IN PLACE. CONCRETE GRADES TO BE REVISED.REVISIONS:DWG BY:TITLEPROJECTDSN BY: DATE: JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.comLas Vegas, NVWoodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514DEMOLITION PLAN07/11/2021 NS NS C2.2 HS 280 C-STOREFF=32.60 RESTAURANTFF=32.60 CAMINO DIABLO B Y R O N H I G H W A Y LANDS OF HUMPHERY APN #002-140-11 (RESIDENTIAL) CANO P Y CANO P Y B Y R O N H I G H W A Y REVISIONS:DWG BY:TITLEPROJECTDSN BY: DATE: JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.comLas Vegas, NVWoodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514ABBREVIATIONS EARTHWORK QUANTITIES TOPOGRAPHIC SURVEY NOTE: CATCH BASIN/ LANDSCAPE BASIN POROUS PAVEMENT GRADING & DRAINAGE PLAN06/14/2021 NS NS C3.0 HS MATC HLI N E (S E E S H EET C3.1) DRAINAGE MANHOLE CONSTRUCTION NOTES know what's belowcall 811 before you dig DEDICATION NOTE: CURB CUT / RIP RAP DETAIL LEGEND 26.04 281 C-STORE FF=32.60 RESTAURANT FF=32.60 LANDS OF HUMPHERY APN #002-140-11 (RESIDENTIAL) LANDS OF GLISSON APN #002-140-12 (RESIDENTIAL) CANO P Y CANO P Y B Y R O N H I G H W A Y VALLEY GUTTER DETAIL REVISIONS:DWG BY:TITLEPROJECTDSN BY: DATE: JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.comLas Vegas, NVWoodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514GRADING & DRAINAGE PLAN06/14/2021 NS NS C3.1 HS MATC HLI N E ( S E E S H E ET C3.0) TOPOGRAPHIC SURVEY NOTE: CATCH BASIN/ LANDSCAPE BASIN ABBREVIATIONS BIO RETENTION/ DETENTION BASIN DETAIL-1know what's below call 811 before you dig LEGEND LANDS OF STACK APN #002-140-07 (RESIDENTIAL) CONSTRUCTION NOTES BIO RETENTION/ DETENTION BASIN DETAIL-2 26.04 282 CANO P Y C-STO R E 3,542 S Q. F T RESTA U R A N T 1,151 S Q. F T CAMINO DIABLO B Y R O N H I G H W A Y59.9'10.0'SETBACKLEGEND CURB LINE TABLE SURFACE IMPROVEMENTS PLAN07/11/2021 NS NS C4.0 HS CURB CURVE TABLE know what's belowcall 811 before you dig DEDICATION NOTE: TOPOGRAPHIC SURVEY NOTE:REVISIONS:DWG BY:TITLEPROJECTDSN BY: DATE: JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.comLas Vegas, NVWoodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 CURB CURVE TABLE-BACK OFF SIDEWALK (O) CURB LINE TABLE-BACK OFF SIDEWALK (O) NOTE: 283 RESTAURANT BYRON HIGHWAY STREET IMRPOVEMENT NOTES LEGEND ABBREVIATIONS LEGEND PROFILE STREET IMPROVEMENTS PLAN07/11/2021 NSNS C5.0HS NOTE: PLAN DEDICATION NOTE: TOPOGRAPHIC SURVEY NOTE:REVISIONS:DWG BY:TITLEPROJECTDSN BY: DATE: JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.comLas Vegas, NVWoodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514SIDEWALK END BARRICADE NOTES SEC 284 CAMINO DIABLOSECTION A-ASECTION B-BSECTION C-CSECTION D-DSECTION E-EC A N O P Y C - S T O R E F F = 3 2 . 6 0RESTAURANTFF=32.60CAMINO DIABLOBYRON HIGHWAYREVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 SITE SECTIONS 06/11/2021NSNSC6.0HSKEY PLANABBREVIATIONS285 REVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 AGENCY DETAILS 06/01/2021NSNSC7.0HS286 CAMINO DIABLOBYRON HIGHWAYC-STORERESTAURANTCANOPYBYRON HIGHWAYCAMINO DIABLOREVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 UTILITY PLAN 06/14/2021NSNSC8.0HSCONSTRUCTION NOTESLEGENDABBREVIATIONSWATER :GENERAL NOTESSANITARY :STORM-Aknow what's belowcall 811 before you digFIRE FLOW DATA287 1120.0'20.0'70.0'120.0'150' LONGHOSE PIPE80' LONG HOSE PIPE2 3 . 0 '4 HOUR RATED CEMENTMASONRY WALL WITHOUTOPENINGS.NEW PROPOSEDFIRE HYDRANT150' LONG HOSE PIPE150' LONGHOSE PIPE150' LONGHOSE PIPER28.0'R28.0'150' LONGHOSE PIPEREVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 FIRE TRUCK ACCESS 06/11/2021NSNSC8.1LEGENDCONSTRUCTION NOTESHSBYRON HIGHWAY288 REVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 AGENCY DETAILS 06/11/2021NSRPC8.2HSDETAIL 1DETAIL 2289 CAMINO DIABLO B Y RO N H IG HW A Y C-STO R E R E S T A U R A N T CANO P Y REVISIONS:DWG BY:TITLEPROJECTDSN BY: DATE: JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.comLas Vegas, NVWoodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514LEGEND SEDIMENT CONTROL REFERENCE ID WASTE MANAGEMENT AND MATERIALS POLLUTION CONTROL REFERENCE ID TEMPORARY TRACKING CONTROL REFERENCE ID NON-STORMWATER MANAGEMENT CONTROL REFERENCE ID EROSION AND SEDIMENT CONTROL PLAN06/14/2021 NS NS C9.0 HS BMPS MAINTENANCE NOTE: NOTE: 290 REVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:DP11-3013 JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 EROSION AND SEDIMENT CONTROL DETAILS 06/01/2021NSNSC9.1HS291 DMA 1DMA 2DMA 6CAMINO DIABLOBYRON HIGHWAYDMA 3DMA 4DMA 5DMA 7DMA 8DMA 9DMA 17DMA 18DMA 21DMA 22DMA 23DMA 11DMA 10DMA 20DMA 12DMA 14DMA 24DMA 25DMA 16IMP 2DMA 13IMP 1DMA 15DMA 19REVISIONS:DWG BY:TITLE PROJECTDSN BY:DATE:JOB :Phone (702)347-6137; (530)405-3780 FAX (702)664-6237 Civil Engineering Land Planning and Zoning Entitlements Building Design and Improvements Construction Consulting Email: Contact @ continentaldc.com Las Vegas, NV Woodland, CACHK BY:LP13-2025JSS-BR-01C-STORE & GAS STATION EXPANSION (RAISE & RE-BUILD)15031, 15045 & 15057 BYRON HWYBYRON, CONTRA COSTA COUNTY, CA 94514 DRAINAGE MANAGEMENT AREAS 06/14/2020NSNSC10.0HSBIO RETENTION/ DETENTION BASIN DETAIL-1BIO RETENTION/ DETENTION BASIN DETAIL-2292 A B C A B C D D E E F F G G H H I I J K J K L L 23FIXTURE "B" FIXTURES "A1", "A2" AND "A3"14SITE LIGHT FIXTURE DETAIL SITE LIGHTING DETAILS08/31/2020 TB SS LIGHTING SYMBOLS LEGEND RACEWAY LEGEND 2 E-0 ELECTRICAL ABBREVIATIONS FIXTURE "C"REVISIONS:CHK BY:TITLEPROJECTDWG BY: DATE: JOB :JSS-BR-01 15031, 15045 & 15057 BYORN HWYBYRON, CONTRA COSTA COUNTY, CA 94514"A2" "A1""A3" 5 293 SITE LIGHTING PLAN 1 REVISIONS:CHK BY:TITLEPROJECTDWG BY: DATE: JOB :JSS-BR-01 15031, 15045 & 15057 BYORN HWYBYRON, CONTRA COSTA COUNTY, CA 94514SITE LIGHTING PLAN08/31/2020 TB SS 2LIGHT FIXTURE SCHEDULE 4 E-0.1 1 E-0.1 2 E-0.1 3 E-0.1 5 E-0.1 294 SITE LIGHTING PHOTOMETRIC PLAN 1 REVISIONS:CHK BY:TITLEPROJECTDWG BY: DATE: JOB :JSS-BR-01 15031, 15045 & 15057 BYORN HWYBYRON, CONTRA COSTA COUNTY, CA 94514SITE LIGHTING PHOTOMETRIC PLAN08/31/2020 TB SS 295 1T24 OUTDOOR LIGHTING FORMS NRCC-LTO-E2GENERAL HARDSCAPE AREA REVISIONS:CHK BY:TITLEPROJECTDWG BY: DATE: JOB :JSS-BR-01 15031, 15045 & 15057 BYORN HWYBYRON, CONTRA COSTA COUNTY, CA 94514T24 OUTDOOR LIGHTING NRCC-LTO-E08/31/2020 TB SS 296 BOARD OF SUPERVISORS JUNE 4, 2024 County File #’s CDGP10-00003, CDRZ13-03222 and CDLP/DP13-02025. 15031 Byron Highway, Byron Byron Corners Gas Station Project, General Plan Amendment, Rezone and Land Use Application. 1 297 AERIAL VIEW 2 298 GENERAL PLAN AMENDMENT 3299 REZONING 4 300 SITE PLAN 5 301 ELEVATION #1 6 302 ELEVATION #2 7 303 FLOOR PLAN 8 304 LINE OF SIGHT / VARIANCE 9 305 EXCEPTION REQUEST -Section 914-2.004, Collect and conveyed to an existing adequate storm drainage system. -Section 914-12.010, Maintenance of a detention basin either by existing or new public maintenance entity. 10 306 DRAINAGE PLAN 11 307 12 308 APRIL 4, 2024 CPC MEETING Accepted staff’s presentation, took public testimony and closed the hearing. Discussed drainage and traffic concerns. Acknowledged the studies prepared for the project. Modified COA#5 (indemnification language) and added COA #16 (good faith effort to have fuel deliveries after 7pm). Unanimously recommended the Board of Supervisors approve the project. 13 309 QUESTIONS? 14 310 311 312 313 1 LEASE Buchanan Field Airport 181 John Glenn Drive, Concord, California This lease is dated as of May 1, 2024, and is between the County of Contra Costa, a political subdivision of the State of California (“County”) and Delux Public Charter, LLC, a Delaware limited liability company, d/b/a JSX Air (“Tenant”). Recitals A. The County is the owner of the property located at 181 John Glenn Drive, Concord, California (the “Property”). The Property is part of Buchanan Field Airport (the “Airport”). B. Recently, the County demolished an existing building on the Property (the “Old Building”) and replaced it with a new building (the “Terminal Building”). C. Under a rental agreement between the County and Tenant dated March 23, 2016 (the “2016 Agreement”), Tenant occupied the entirety of the Old Building for the purpose of operating public charter aviation service. The 2016 Agreement terminates on the effective date of this lease. D. Tenant desires to lease from the County, and the County desires to lease to Tenant, that portion of the Terminal Building known as Suite 200, Suite 201, and Suite 202, as shown on Exhibit A (the “Premises”) and to have non-exclusive use of the “holdroom,” which is shown on Exhibit A, shaded in gray. The parties therefore agree as follows: Agreement 1. Lease of Premises. In consideration of the rents and subject to the terms of this lease, the County hereby leases to Tenant and Tenant hereby leases from the County, the Premises. 2. Term. The “Term” of this lease is comprised of an Initial Term and, at Tenant’s election, Renewal Terms, each as defined below. a. Initial Term. The “Initial Term” is three years, commencing on May 1, 2024 (the “Commencement Date”) and ending April 30, 2027. b. Renewal Terms. Tenant has three options to renew this lease for a term of one year for each option (each, a “Renewal Term”) upon all the terms and conditions set forth in this lease. 314 2 i. Tenant will provide the County with written notice of its election to renew the lease no later than 60 days prior to the expiration of the Term. 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. Tenant shall pay rent monthly in advance to the County in the amounts set forth below, without offset or demand on or before the first day of each month. Rent for any partial month will be prorated at the rate of 1/30 of the applicable monthly rent per day. Initial Term Monthly Rent May 1, 2024 – April 30, 2025 $1,238.00 May 1, 2025 – April 30, 2026 $1,275.00 May 1, 2026 – April 30, 2027 $1,313.00 Renewal Terms May 1, 2027 – April 30, 2028 $1,353.00 May 1, 2028 – April 30, 2029 $1,393.00 May 1, 2029 – April 30, 2030 $1,435.00 4. Additional Rent. In addition to the rent set forth above, Tenant shall pay County the amounts set forth below (collectively, “Additional Rent”). a. Enplanement Fee. During the Term, Tenant shall pay an amount equal to the result obtained by multiplying the number of passengers enplaned by Tenant each month at the Airport by $5.00 (the result, the “Enplanement Fee”). i. The Enplanement Fee is due on the 15th day of the month that follows the month in which the passengers were enplaned. ii. Tenant shall submit a report with each Enplanement Fee that shows the number of passengers enplaned for the relevant period (the “Monthly Report”). The Monthly Report is to be dated and verified as correct through the signature of an authorized agent, officer, or representative of Tenant. iii. At the end of each calendar year, Tenant shall submit to County an annual report showing the total number of passengers enplaned and deplaned at the Airport during the previous 12 months. iv. The County has the right, exercisable upon reasonable prior written notice to Tenant, to inspect Tenant’s records relating to the number of passenger enplanements during the term of this lease. 315 3 b. Building Janitorial Costs. Tenant is responsible for contracting with and paying a mutually agreeable third-party janitorial service provider (“Service Provider”) to provide janitorial services (routine service and periodic maintenance) and consumables in Service Area 1 and Service Area 2 in the Terminal Building. i. The locations of Service Area 1 and Service Area 2 are shown on Exhibit B. ii. For the period beginning on the Commencement Date and ending December 31, 2024 (the “Initial Period”), the Service Provider is BSM Facility Services Group (“BSM”). BSM’s scope of services and fees for the Initial Period are set forth in Exhibit B. iii. The County shall reimburse Tenant for 65% of the cost of services and consumables provided by the Service Provider in Service Area 1 and 100% of the cost of services provided by the Service Provider in Service Area 2 (such reimbursement amount, the “Offset”). The reimbursement will be carried out by Tenant deducting the Offset from the Enplanement Fee. iv. To verify the amount of the Offset, not later than the 15th day of each month, Tenant shall submit to County a copy of the invoice received from the Service Provider for janitorial services completed during the previous month. A copy of the invoice is to be submitted to the County along with the Monthly Report. 5. Additional Payment Terms. a. Late Rental Payments: In the event Tenant fails to pay County any amount due under this lease within five days after the amount is due, Tenant shall pay to County a late charge of $100 per occurrence (the “Late Charge”), plus interest on the unpaid balance at a rate of 1.5% per month, from the date the payment was due and payable until paid in full. Tenant shall pay all Late Charges as additional rent on or before the date the next installment of monthly rent is due. County and Tenant hereby agree that it is and will be extremely difficult to ascertain and fix County’s actual damage from any late payments and, thus, that Tenant shall pay as liquidated damages to County the Late Charge specified in this Section, which is the result of the parties’ reasonable effort to estimate fair average compensation for the late payment (other than attorneys’ fees and costs). County’s acceptance of the Late Charge as liquidated damages does not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent County from exercising any of the rights and remedies available to County under this lease. b. Form and Place of Payment: Tenant shall pay all rents and fees by check, electronic or other payment method, payable to the County of Contra Costa, by delivering the payment on or before its due date to Contra Costa County, Director of Airports, 181 John Glenn Drive, Suite 100, Concord, California 94520, or at such other place as County may designate from time to time. 316 4 c. Returned Checks: If a check written by Tenant is returned for insufficient funds, County may impose a $25 service charge in addition to any Late Charge and in addition to any charges imposed by the bank. County may require Tenant to pay rent by certified check or money order if Tenant’s bank or banks have returned one or more personal checks within the preceding 12- month period. d. Security Deposit: i. Prior to the effective date of this lease, Tenant paid the County the sum of $6,000.00 as security for the faithful performance of the terms, covenants, and conditions of this lease (the “Security Deposit”). ii. Upon the occurrence of a Default, as defined in Section 17, County may in its sole discretion (but is not required to) apply the Security Deposit, or any portion of it, to any expense, loss or (i) any rent or other sum owed to County, (ii) any amount that County may spend or become obligated to spend in exercising County’s rights under this lease, or (iii) damage sustained by County resulting from Tenant’s Default. Upon demand by County, Tenant shall immediately pay to County a sum equal to that portion of the Security Deposit expended or applied by County as provided in this subsection so as to maintain the Security Deposit at its original level. iii. Upon the expiration or termination of this lease and (i) Tenant’s satisfaction of the conditions set forth in Section 8. Condition of Premises, and (ii) a final accounting by County, the County will refund any remaining Security Deposit balance to Tenant, without interest. Tenant waives the provisions of California Civil Code section 1950.7, and all other provisions of law in force or that become in force after the date of execution of this lease, that provide that County may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the premises. County and Tenant agree that County may, in addition, claim those sums reasonably necessary to compensate County for any other foreseeable or unforeseeable loss or damage caused by the act or omission of Tenant or Tenant’s officers, agents, employees, independent contractors or invitees. 6. Use. Tenant may only use the Premises to operate charter aviation and related services. The Premises may not be used for any other purpose without the prior written consent of the Director of Airports, Use of the Premises for any other purpose is cause for termination of this lease. 7. Utility Obligations. The County shall pay for all utilities provided to the Premises, with the exception of telephone services and internet services. 317 5 8. Condition of Premises. a. Commencement Date. Tenant is leasing the Premises in an “as is” physical condition with no warranty, express or implied, on the part of the County as to the condition of the Terminal Building. b. During Term. Tenant shall maintain the Premises in a first-class condition. Tenant may not paint the Premises, attach shelves, fixtures or signs, or make any alterations to the Premises without the prior written consent of the Director of Airports. c. Upon Surrender. Tenant shall return the Premises to the County in the same condition it was in on the Commencement Date, ordinary wear and tear excepted. 9. Taxes. Tenant agrees to pay before delinquency all taxes (including, but not limited to, possessory interest tax), assessments, license fees, and other charges that are levied and assessed upon Tenant’s interest in the Premises, or upon Tenant’s personal property installed or located in or on the Premises, by Contra Costa County or other legally authorized government authority. Tenant may pay any taxes and assessments under protest, without liability, cost or expense to the Lessor, to contest the amount in good faith. Payment of taxes, assessments, license fees, or other charges levied and assessed upon Tenant’s interest, (i) does not reduce the rent due to the County under this lease, and (ii) is the liability of Tenant. 10. Quiet Enjoyment. Provided Tenant complies with the terms of this lease, the County covenants that Tenant will peaceably and quietly have, hold, and enjoy the Premises during the Term. 11. Assignment and Sublease. Tenant may not assign this lease or sublease the Premises or any part of it at any time during the Term without the prior written consent of the Director of Airports. 12. Insurance. a. Liability Insurance. Throughout the Term, Tenant shall maintain in full force and effect, at its sole expense, a comprehensive general liability or commercial general liability insurance program covering bodily injury (including death), personal injury, and property damage. The limits must be not less than $100,000,000 per occurrence and $100,000,000 aggregate. The policy must name the County, its officers, agents and employees, individually and collectively, as additional insureds. The liability insurance maintained by Tenant must be primary. b. Property Insurance. The County will maintain property insurance coverage on its real property. Tenant has no interest in the proceeds of insurance on the County’s real property, improvements, equipment, or fixtures. Tenant shall sign all documents 318 6 necessary or proper in connection with the settlement of any claim or loss by the County. c. Worker’s Compensation and Employer’s Liability Insurance. Tenant shall maintain in full force and effect, at its sole expense, (i) statutory California Workers’ Compensation coverage including a broad form all-states endorsement, and (ii) employer’s liability coverage for not less than one million dollars per occurrence for all employees engaged in services or operations at the Premises. d. Evidence of Insurance. Within five days of execution of this lease, Tenant shall provide to the County, on a form approved by the County, an original copy of a Certificate of Insurance. The Certificate of Insurance must certify that the coverage required by this lease has been obtained and remains in force for the period required by this lease. e. Notice of Cancellation or Reduction of Coverage. Tenant shall cause all policies it is required to obtain under the terms of this lease to contain a provision that the County is to receive written notification of any cancellation or reduction in coverage at least 30 days prior to the effective date of such cancellation or reduction. Any such notification is to be sent to the County in accordance with Section 19 - Notices. f. Waiver of Subrogation. Except as may be specifically provided elsewhere in this lease, the County and Tenant hereby each mutually waive any and all rights of recovery from the other in the event of damage to the Premises or any personal property that is caused by acts of God, perils of fire, lightning, and the extended coverage perils, as defined in insurance policies and forms approved for use in the State of California. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with this waiver. 13. Waste, Nuisance. Tenant 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 neighborhood in which the Premises is located. 14. Inspection. The County may enter the Premises at any time in an emergency and with 24 hours’ notice in a non-emergency 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) Tenant is in compliance with the terms and conditions of this lease. 15. Destruction. If damage occurs that causes a partial destruction of the Premises during the Term from any cause, the County may, at its option, make repairs within a reasonable time. Partial destruction does not void this lease, except that Tenant is entitled to a proportionate reduction in Rent while such repairs are being made. The proportionate reduction in Rent is to be calculated by multiplying Rent by a fraction, the numerator of which is the number of square feet that are unusable by Tenant and the denominator of which is the total number of square feet in the Premises. 319 7 If the County does not elect to make repairs, this lease may be terminated by either party, without cost, obligation or liability to the other party, except as described herein. This lease will terminate in the event of a total destruction of the Premises. 16. Indemnification. Tenant shall indemnify, defend and hold County, its officers, agents and employees harmless from any and all claims, costs and liability, for any damage, injury or death, including without limitation, all consequential damages from any cause whatsoever, to any person or the property of any person arising directly or indirectly from or connected with Tenant’s operations, or Tenant’s lease, use, or possession of the Premises, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County, its officers or employees, and shall make good to and reimburse County for any expenditures, including reasonable attorneys’ fees, County may make by reason of such matters. 17. Default. The occurrence of any of the following events is a “Default” under this lease: a. Tenant. i. Tenant’s failure to pay monthly rent or Additional Rent within five business days after its due date. ii. Tenant’s failure to provide a current insurance certificate meeting the requirements in Section 12.- Insurance, within five business days after any policy expiration date. iii. Tenant’s failure to comply with any other material term or provision of this lease if such failure is not remedied within 30 days after receipt of a written notice from the County to Tenant specifying the nature of the breach in reasonably sufficient detail (a “Notice of Default”). If the required cure of the noticed failure cannot be completed within 30 days, the failure to cure will not be deemed to be a default of this lease if Tenant has attempted to cure the failure within the 30-day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. In no event will the cure period extend beyond 60 days after Tenant’s receipt of the Notice of Default. b. The County. The County’s failure to perform any obligation under this lease if the failure is not remedied within 30 days after receipt of a written notice from Tenant to the County specifying the nature of the breach in reasonably sufficient detail. If the required cure of the noticed failure cannot reasonably be completed within 30 days, a default will not be deemed to occur if the County has attempted to cure the failure within the 30-day period and has diligently and continuously attempted to complete 320 8 the cure as soon as reasonably possible. Tenant may refuse to extend the cure period beyond 60 days after the County’s receipt of the Notice of Default. 18. Remedies. a. County. Upon the occurrence of a default by Tenant, the County may reenter and repossess the Premises and remove all persons and property from the Premises, after giving Tenant written Notice of Default in accordance with the terms of this lease and in accordance with due process of law. b. Tenant. Upon the occurrence of a default by the County, Tenant may terminate this lease by giving written notice to the County and quit the Premises without further cost or obligation to the County. 19. Notices. Any notice required or permitted under this lease shall be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows: To Tenant: Delux Public Charter, LLC 181 John Glenn Drive, Suite 200 Concord, CA 94520 With Copies to: Delux Public Charter, LLC Attn: Properties/Contracts 7201 Lemmon Ave Dallas, TX 75209 To County: Contra Costa County Director of Airports 181 John Glenn Drive, Suite 100 Concord, CA 94520 Either party may at any time designate in writing a substitute address for that set forth above and thereafter notices are to be directed to the 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. 20. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the County and Tenant. 21. Holding Over. In the event Tenant remains in possession of the Premises after the expiration of the Term, such holding over does not constitute a renewal or extension of 321 9 this lease, but will be construed to be a tenancy from month to month on the same terms and conditions set forth in this lease. 22. Storm Water Discharged. The Federal Clean Water Act (the “Act”) provides that the discharge of pollutants to water of the United States from any industrial commercial properties must be in compliance with a National Pollutant Discharge Elimination Permit (“NPDEP”). Under the Act, airports are considered to be “industrial” activities. Therefore, the County, and all tenants located on the Airport, are required to be in compliance with the Act and be NPDEP. County has applied for and received an NPDEP, which covers Tenant’s operations on the Premises. County is not aware of any violations of NPDEP at the airport of the premises. Tenant shall ensure that no pollution or Hazardous Materials (as defined in Section 23. Waste; Hazardous Materials) of any type is discharged into storm water system at the Airport. Tenant is responsible for any such discharge by it or by any of its officers, employees, agents, contractors, guests, or invitees, while this License is in effect. Any fine or cost of remedial action required of County by any agency or agencies having jurisdiction thereover, as a result of actions on or discharges from the Premises, will be charged to Tenant, and Tenant shall immediately reimburse County for such cost upon demand. In addition, any discharge of pollutants or Hazardous Materials on or from the Premises that is not promptly remediated by Tenant will be considered a default of this Agreement and grounds for its termination. This Section 22 will survive the termination of this Agreement. County is not aware of any violations of NPDEP at the airport of the premises. 23. Waste; Hazardous Materials. Tenant may not commit or suffer or permit the commission of any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of the use of the Airport or surrounding property. Tenant may not, and shall ensure that no others, store or dispose of any Hazardous Materials on the Premises. The term “Hazardous Materials” means any hazardous or toxic substance, hazardous or radioactive material, hazardous waste, pollutant or contaminant at any concentration that is, or during the term of the License becomes, regulated by any local or regional government authority having jurisdiction over the Premises, by the State of California, or by the United States. 24. Tenant may not permit any activity on the Premises that directly or indirectly produces unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, heat emissions, radioactivity, electronic or radio interference with navigational and communication facilities for the operation of the Airport and for its use by aircraft, trash or refuse accumulation, or vibration or that is hazardous or dangerous by reason or risk of explosion, fire, or harmful emissions. County may enter the Premises at any time to verify Tenant's conformance with the provisions of this Section. 322 10 25. Instrument of Transfer and Non-Discrimination Covenants. a. Instrument of Transfer: This Agreement is subordinate and subject to the provisions and requirements of the Instrument of Transfer by and between the United States and County dated the 9th day of October, 1947, and recorded in Book 1137, at page 114 of the Official Records of Contra Costa County, California. This Agreement is subordinate to the provisions and requirements of any future agreement between County and the United States relative to the development, operations, and/or maintenance of the Airport. b. Non-Discrimination: i. Tenant represents and warrants that it will undertake an affirmative action program as required by 14 Code of Federal Regulations Part 152, Subpart E (“14 CFR Part 152, Subpart E”), to insure that no person shall on the grounds of race, creed, color, national origin, or sex is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Tenant represents and warrants that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by 14 CFR Part 152, Subpart E. Tenant represents and warrants it will require that its covered suborganizations provide assurances to Tenant that they similarly will undertake an affirmative action program and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. ii. In the event of a final judicial determination of a breach of any of the above non-discrimination covenants, County may terminate this Agreement as if said Agreement had never been made or issued. iii. Tenant agrees to furnish service on a fair, equal, and non-discriminatory basis to all users thereof, and to charge fair, reasonable, and non-discriminatory prices for each unit of sales or service, provided, that Tenant may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Furthermore, Tenant shall neither discriminate nor permit discrimination against any person or group of persons on the grounds of race, color, national origin, sex or age in any manner, including, but not limited to, discrimination prohibited by applicable Federal Aviation Regulations. iv. Non-compliance with paragraph (3) above constitutes a material breach and a default of this Agreement by Tenant. In the event of such non-compliance, (i) County may terminate this Agreement without liability therefore, or (ii) at the election of either government, either or both the County and the United States may judicially enforce the provisions of paragraphs (2) and (3) of this Section. 323 11 26. General Provisions. a. This lease is subject to Section 22. of Airport Ordinance 87-8, as amended by Airport Ordinance 88-82, and any other amendments or successor ordinances thereto. b. The County hereby reserves the right to further develop or improve the Airport as it sees fit, regardless of the desires or views of Tenant and without interference or hindrance from Tenant. c. The County hereby reserves the right to conduct airport construction projects and hold “special events,” such as air shows, among other events, at the Airport that may involve the temporary closure of all or portions of the Airport. In such event, the Director of Airports will provide notice at least 30 days in advance and for the duration of the special event or construction project, Tenant may not use any of the ramp areas, taxiways, or other areas of the Airport designated as closed by the Director of Airports in his sole discretion. In addition, the County is not liable or responsible for the effect any such closure may have on Tenant’s operations or business. d. The County reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Tenant from erecting or permitting to be erected any building or other structure on the Airport that, in the sole opinion of the County, would affect the usefulness of the Airport or constitute a hazard to aircraft. The County, in exercising the rights stated in this subsection, is not liable to Tenant for any expense, loss, or damage to Tenant that results from County's removal of any aerial obstructions. e. Neither the failure or delay on the part of County or Tenant to strictly enforce all the terms and conditions of this Agreement, is a waiver of any rights or remedies accruing to County or Tenant by law or by this Agreement for any subsequent breach of this Agreement. f. In the event that any provisions contained herein is held to be invalid by any court of competent jurisdiction, the invalidity of any such provisions will not materially prejudice either County or Tenant in their respective rights and obligations contained in the valid provisions of this Agreement. 27. Governing Law. The laws of the State of California govern all matters arising out of this lease. 324 12 28. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties prepared it. This lease may be modified only by a writing signed by both parties. The parties are executing this lease as of the date set forth in the introductory paragraph. COUNTY OF CONTRA COSTA, a DELUX PUBLIC CHARTER, LLC, a political subdivision of the State of Delaware limited liability company California By: _______________________ By: _______________________ Greg Baer Alex Wilcox Director of Airports Chief Executive Officer By: _______________________ Jeff Simmons Chief Financial Officer APPROVED AS TO FORM THOMAS L. GEIGER, COUNTY COUNSEL By: _______________________ Kathleen M. Andrus Deputy County Counsel 325 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 VITREOUS CHINAC_LAVATORYKINGSTONK-2005 326 BSM FACILITY SERVICES GROUP | 2575 STANWELL DRIVE, SECOND FLOOR | CONCORD, CA 94520 SERVICES & FREQUENCY SCOPE OF WORK: PRICE SELECTION JANITORIAL CONTRACT CUSTOMER NAME & ADDRESS:BILLING ADDRESS: DATE: ______________________ JOB LOCATION ADDRESS: See attached cleaning service specifications. BSM OBSERVES the following holiday schedule. Overtime rate will be applied for holiday coverage. New Year’s Day, Memorial Day, Presidents’ Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Holiday overtime billing rate is $60 per hour. Restroom consumables will be billed per case usage. (Toilet Paper, Hand towels, Seat covers, Hand soap, feminine disposal liners, Plastic liners, Lg. Med. Small & compostable liners) Maintenance services (e.g., carpet cleaning, hard surface machine floor scrubbing, interior/exterior window cleaning & pressure washing) are not included in the cleaning specifications. When requested by JSX, BSM Facility Services Group will provide cost proposals on an on-call basis. No maintenance services will be performed unless approved in advance by JSX. Service area 1: Yellow (4 x week - M, Th, Fr & Sun) + Green 7 x week Service area 2: Blue (1 x week Friday), + Purple (5 x wk), + Red (5 x wk) Total of service area 1 & service area 2 Restroom consumables + liners billed on a per case usage basis Pricing is based on the 2024 State of California Minimum Wage Prices effective from 1/2/24 – 12/31/24 Pricing is contingent on performing each option concurrently. $2,690.00 per month $2,280.00 per month $4,970.00 per month Billed per case usage basis 181 John Glenn Drive Delux Public Charter, LLC Concord, CA 94520 181 John Glenn Dr. Concord CA May 24, 2024 Exhibit B Christina LeLead/b/a JSX 327 JANITORIAL SERVICE CONTRACT BSM FACILITY SERVICES GROUP | 2575 STANWELL DRIVE, SECOND FLOOR | CONCORD, CA 94520 328 Angela Bullock-Hayes, Workforce Services Director info@ehsd.cccounty.us | 925-608-4800 March 2023 –February 2024 CalFresh Report April 15, 2024 1 329 Table of Contents •Community Need •Client Diversity •Customer Service •Legislation 2 330 Community Need 3 331 Consumer Price Index January 2016 to February 2024 4Data Source: Bureau Labor Statistics Consumer Price Index 3.1% 332 5Data Source: CalWIN: Jan 2016 –Feb 2023; CalSAWS: Mar 2023 –Feb 2024 CalFresh Cases 333 6 SSI Cash Out / CalFresh Expansion Onset of COVIDOnset of Great Recession Historic High Data Source: CalSAWS; Census ACS 5-Year Table DP05 for Contra Costa population counts; Population counts for 2022 (latest available from Census) used for 2022, 2023, and 2024 Application Trends July 2005 –February 2024 334 Renewals Processing March 2023 -February 2024 7Data Source: CalSAWS CalFresh Renewals Processing Report 335 Individuals by District December 2023 8Data Source: CalSAWS EHSD District Offices 336 Issuances by District February 2024 9Data Source: CalSAWS EHSD District Offices 337 10Note: Approval Rate is the number of CalFresh approvals in a given month divided by the number of CalFresh applications received in a month Data Source: CalSAWS Application Approval Rate March 2023 -February 2024 338 11Note: Approval Rate is the number of CalFresh approvals in a given month divided by the number of CalFresh applications received in a month Data Source: CalSAWS and eXemplar Executive Dashboard Top Denial Reasons January and February 2024 Category Jan 2024 Feb 2024 Missed CF Application Interview 620 (29%) 728 (31%) Over Income 436 (20%) 437 (19%) Failed to Complete Determination 322 (15%) 388 (16%) Verbal Withdrawal 245 (12%) 243 (10%) No Eligible Member 221 (10%) 211 (9%) Top Denial Reasons March 2023 -February 2024 339 Client Diversity 12 340 Age: CalFresh Individuals February 2024 13Data Source: CalSAWS 341 Race: CalFresh Individuals February 2024 14Data Source: CalSAWS 342 Customer Service 15 343 Renewals Processing Timeliness March 2023 -February 2024 16Data Source: : CalSAWS CalFresh Renewals Processing Report 344 CalFresh Applications Processing July 2016 -February 2024 17 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%96.2%90%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% 99.2%99.9% 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-23Mar-23May-23Jul-23Sep-23Nov-23Jan-24Percent of CalFresh Applications Processed in 30 Days % Processed Timely Mandate Data Source: CalWIN and CalSAWS 345 Higher Learning Institution Liaisons AB 1326 required EHSD to designate a liaison to serve as a point of contact for any institutions of public higher education located within Contra Costa County 18 EHSD participated in workgroup to write statewide implementatio n policy (ACIN I-85-22) EHSD Staff Liaison established Partner with Los Medanos College, Diablo Valley College, and Contra Costa College Direct contact with higher learning institutions for questions or other support needed 346 Legislation 19 347 Legislation 20 1. 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: •Adds Exemptions for 3 New Groups •Limits State Exemptions 2. Farm Bill Reauthorization 2023 •The current bill was extended through September 30, 2024. Data Source: 1) HR3746, “Debt Ceiling Bill” Signed 6.3.23 3) HR 6363 ( Farm Bill Extension) Signed 11.16.23 2) Congressional Research Service (CRS) 2.29.24 348 Angela Bullock-Hayes, Workforce Services Director info@ehsd.cccounty.us | 925-608-4800 Discussion March 2023 –February 2024 CalFresh Report, April 15, 2024 21 349 1Measure X recommendations are tentative pending approval from the Board of Supervisors; 2Homeless, Housing, Assistance, and Prevention Program ; 3Housing and Disability Advocacy Program Attachment A Family and Human Services Committee Recommendations: Measure X Housing Funds YEAR 2 (FY 2024/25) Agency Total project request Application Category (Renewal, Capacity Building, or New Project) Measure X1 HHAP2 HDAP3 Probation Total Additional funding sources available through H3 Approval of these funds to be considered by the Board on a later date. A Place to Call Home $ 75,000.00 Capacity Building $ - $ - $ - $ - $ - BACR $ 679,565.00 New Project $ 300,000.00 $ - $ - $ - $ 300,000.00 BACS/Bay Area Legal Aid (collaborative) $ 4,835,241.00 Renewal $ 1,968,200.00 $ 750,000.00 $ - $ - $ 2,718,200.00 Collaborising $ 150,000.00 New Project $ - $ - $ - $ - $ - Genesis Church $ 99,999.00 Capacity Building $ - $ - $ - $ - $ - GRIP $ 580,550.00 Renewal $ 103,000.00 $ - $ - $ - $ 103,000.00 Hope Solutions $ 3,294,000.00 Renewal $ 206,000.00 $ - $ 1,949,700.00 $ 1,692,000.00 $ 3,847,700.00 Impact Justice $ 82,500.00 Capacity Building $ - $ - $ - $ - $ - Lao Family Community Development $ 521,036.00 Renewal $ 412,000.00 $ - $ - $ - $ 412,000.00 Loaves and Fishes $ 67,430.00 New Project $ - $ - $ - $ - $ - Love Never Fails $ 60,237.00 Capacity Building $ - $ - $ - $ - $ - Make It Home Bay Area $ 99,985.00 Capacity Building $ 50,000.00 $ - $ - $ - $ 50,000.00 Monument Crisis Center $ 200,000.00 New Project $ - $ - $ - $ - $ - Mount Diablo Unified School District $ 50,000.00 Capacity Building $ - $ - $ - $ - $ - NAMI Contra Costa $ 99,999.00 Capacity Building $ - $ - $ - $ - $ - Rainbow Community Center $ 99,999.00 Capacity Building $ 50,000.00 $ - $ - $ - $ 50,000.00 Resources for Community Development $ 194,743.00 New Project $ 195,000.00 $ - $ - $ - $ 195,000.00 Root and Rebound $ 60,441.00 Capacity Building $ - $ - $ - $ - $ - SHARE Community $ 99,999.00 Capacity Building $ 50,000.00 $ - $ - $ - $ 50,000.00 Shelter Inc. $ 2,000,000.00 New Project $ 55,300.00 $ - $ - $ - $ 55,300.00 SoS $ 99,920.00 Capacity Building $ 50,000.00 $ - $ - $ - $ 50,000.00 STAND! $ 150,000.00 Renewal $ 104,030.00 $ - $ - $ - $ 104,030.00 SVDP $ 577,856.00 New Project $ - $ - $ - $ - $ - The Bay Church $ 71,100.00 Capacity Building $ 50,000.00 $ - $ - $ - $ 50,000.00 White Pony Express $ 150,000.00 Renewal $ 154,500.00 $ - $ - $ - $ 154,500.00 Winter Nights $ 99,999.00 Renewal $ 101,970.00 $ - $ - $ - $ 101,970.00 Total $ 14,499,599.00 $ 3,850,000.00 $ 750,000.00 $ 1,949,700.00 $ 1,692,000.00 $ 8,241,700.00 350 1Housing and Disability Advocacy Program Attachment B Proposed Project Descriptions FY 2024/25 Measure X Housing Fund – Housing/Homelessness Related Services Agency Proposed Project Descriptions A Place to Call Home Refers justice-impacted individuals who are at risk or experiencing homelessness to reentry programs and provides pre-release services. Capacity building in data, technology, grant writing, and staffing. Bay Area Community Resources Sustain homeless prevention and rapid rehousing services which includes case management, linkages to services, financial assistance, and career coaching. BACS/Bay Area Legal Aid (collaborative) Sustain homelessness prevention and eviction prevention services that encompass emergency financial assistance, legal services, outreach, and supportive services. Collaborising Black Homeless Support program to assist people experiencing homelessness develop a personal roadmap for housing transition. Capacity building to support grant writing and board development Genesis Church Expand Operation Hope services to families experiencing homelessness to secure stable housing and increase Grocery Share program. GRIP Sustain emergency shelter program that provides residents with case management, financial literacy, and housing stability resources. Hope Solutions Measure X funding to renew Permanent Supportive Housing project. Additionally, sustaining rapid rehousing services provided to clients enrolled in HDAP1 and Contra Costa Probation (no Measure X funding in these programs). Impact Justice Implement Salesforce Customer Relationship Management (CRM) system and database for the Homecoming Project (THP) which is a housing model specifically for those returning home after a long (10+ year) prison sentence. Lao Family Community Development Increase staffing of Measure X project to streamline processes and coordination. Funding would provide training opportunities for staff with lived experience of homelessness. Loaves and Fishes The proposed project would expand the Meal Program via a Mobile Delivery Unit and Culinary Arts Training. Love Never Fails Implementation of a new Science, Tech, Engineering, Art, Agriculture and Math (STEAAM) curriculum for I AM Youth Art House residents who are women and girls that have experienced trafficking. Make It Home Bay Area Pilot program for furniture donation, pick up/delivery services to unhoused individuals and families transitioning into housing who do not have the means to furnish a home. Will offer trauma informed care training for staff and volunteers. Monument Crisis Center Homelessness prevention services including rental assistance to low- income residents. Mount Diablo Unified School District Provide bikes, helmets, and bike locks to 250 students and/or caregivers experiencing homelessness to increase access to transportation. NAMI Contra Costa Enhance Leave No One Behind program serving African American individuals in Antioch with behavioral health challenges and chronic homelessness. Rainbow Community Center Provide mediation services to LGBTQIA+ youth experiencing or at-risk of homelessness and their families with the goal of resolving housing instability/homelessness. Provide training to community partners. 351 1Housing and Disability Advocacy Program Attachment B Agency Proposed Project Descriptions Resources for Community Development Permanent Supportive Housing services previously funded through U.S. Department of Housing and Urban Development (HUD) at the Idaho Apartments for chronically homeless households. Root and Rebound Continue Year 1 Measure X activities providing legal services for systems- impacted people experiencing housing insecurity and homelessness. SHARE Community East County Basic Needs Services - Hire staff to increase volunteer recruitment capacity, strengthen infrastructure, and expand full-service Mobile Shower program in East County. Shelter Inc. Sustain Rapid Rehousing program, Mountain View Family Shelter, and implement new Eviction Prevention program. Safe Organized Spaces West County Basic Needs Services - Pilot Warm Hand Wellness and Resource Center at Elisabeth Missionary Baptist in Richmond as a drop-in space for unhoused and recently housed individuals to experience community, access housing and health referrals, job readiness and wellness activities and resources. STAND! Expansion project to sustain staffing and accelerate critical repairs to shelter. Applicant expects a 43% increase in client services from last year. St. Vincent de Paul Homelessness prevention and organizational capacity building to hire and train staff to participate in the Homeless Management Information System (HMIS). The Bay Church Central County Basic Needs Services - Expand access to Clean Start Homeless Outreach – Shower Trailer/Mobile Resource Center program in East and Central County. White Pony Express Sustain access to basic necessities including healthy food and survival essentials such as coats, endurance gear, sleeping bags, backpacks with nutrient-rich snacks, toiletries and contact information for homeless resources. Winter Nights Expand organizational capacity, staff training and development, administrative support, and direct financial assistance to support growth of the Winter Nights Family Shelter Program, Safe Parking Program, Oasis Day Center, and Continued Success Program. 352 BELL, McANDREWS & HILTACHK, LLP Anabel Renteria Initiative Coordinator ATTORNEYS AND COUNSEL-ORS AT I.AW 455 C APITO L MALL, S UITE 600 SACRAMENTO, CALIFOE=INIA 95014 (916) 44;a-7757 FA X [916) 44-;a-77 59 www.bmhlaw.c om January 4, 2022 2 1 -0 0 4 2 RECEI VED JAN O 4 2022 Office of the Attorney General State of California INITIATIVE COO RDINATOR ATTORNEY GENERAL'S OFFICE PO Box 994255 Sacramento, CA 94244-25550 Re: Initiative 21-0042 -Amendment Number One Dear Initiative Coordinator: Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed. I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language. Thank you for your time and attention processing my request. Sincerely, ~~ Thomas W. Hiltachk Attachment A 353 2 1 -0 0 4 2 Arndt. # / The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act. Section 2. Findings and Declarations (a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees. (b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled. (c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010). (e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions. Section 3. Statement of Purpose (a) In enacting this measure, the voters reassert their r ight to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats. (b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1 Attachment A 354 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax. (c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childca re, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two- thirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v. Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir. Section 4. Section 3 of Article XIII A of the California Constitution is amended to read: Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge. illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include: (A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax. (BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent. If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes " shall be included in a separate, stand-alone section . Any proposed change to the use of the revenue from the tax shall be adopted by a separate act t hat is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include: {A) The type and amount or rate of the tax; (BJ The duration of the tax: and 2 Attachment A 355 (CJ The use of the revenue derived from the tax. (c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed. Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning: (e) As used in this section. "exempt charge" means only the following: (1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF. ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 Attachment A 356 that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge. (3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section: (1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product. (2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges. Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read: Sec. 1. Definitions. As used in this article: {a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product. (b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied. 4 Attachment A 357 .lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute. (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government. {gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund. 111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg: (i) As used in this section, "exempt charge" means only the following: (1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege. ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property. Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupanc y. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 Attachment A 358 (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code. The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity. Section 6. Section 2 of Article XIII C of the California Constitution is amended to read : Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution: (a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include: (1) The type and amount or rate of the tax; (2) the duration of the tax; and (3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge. The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 Attachment A 359 as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1. ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section. {h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read: Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except: (1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A. (2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article. (4) Fees or charges for property related services as provided by this article. 7 Attachment A 360 (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership. Section 8. Sections 1 and 14 of Article XIII are amended to read: Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States: (a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value. (b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties. Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties. Section 9. General Provisions A. This Act shall be liberally construed in order to effectuate its purposes. B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other i ni tiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili t y and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect. C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decis ion of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 Attachment A 361 declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid. D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken: (1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continu ous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4 ) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act. 9 Attachment A 362 February 3, 2022 Initiative 21-0042 (Amdt. 1) The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: LIMITS ABILITY OF VOTERS AND STATE AND LOCAL GOVERNMENTS TO RAISE REVENUES FOR GOVERNMENT SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. For new or increased state taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. Limits voters’ ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds. Eliminates voters’ ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax. Expands definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements. Requires Legislature or local governing body set certain other fees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts. (21-0042A1.) Attachment B 363 Preprinted L ogo will go here January 19, 2022 Hon. Rob Bonta Attorney General 1300 I Street, 17th Floor Sacramento, California 95814 Attention: Ms. Anabel Renteria Initiative Coordinator Dear Attorney General Bonta: Pursuant to Elections Code Section 9005, we have reviewed the proposed constitutional Taxpayer Protection and Government Accountability Act initiative (A.G. File No. 21-0042, Amendment #1). Background State Government Taxes and Fees.This year’s state budget spends over $255 billion in state funds. Over 90 percent of the state budget is funded with revenues from taxes. These include, for example, sales taxes paid on goods and income taxes paid on wages and other sources of income. Much of the rest of the state budget is funded by fees and other charges. Examples include: (1)charges relating to regulatory activities; (2)charges for specific government services or products, like fees charged to drivers to improve roads; (3)charges for entering state property, such as a state park; and (4) judicial fines, penalties, and other charges. The State Constitution requires the state to set fees at a reasonable level, generally reflecting the costs of the services or benefits provided. The state uses revenue from taxes and fees to fund a variety of programs and services, including education, health care, transportation, and housing and homelessness services. Current Requirements to Approve Taxes and Fees.Under the State Constitution, state tax increases require approval by two-thirds of each house of the Legislature or a majority vote of the statewide electorate. The Legislature can reduce taxes with a majority vote of each house, provided the change does not result in an increase in taxes paid by any single taxpayer. In many cases, the Legislature has enacted statutes that delegate its authority to adjust fees and other 21-0042 Amdt. 1 Attachment C 364 Hon. Rob Bonta 2 January 19, 2022 charges to administrative entities, like state departments. In these cases, these charges can be increased or changed by the department within certain limits. Local Government Taxes and Fees. The largest local government tax is the property tax, which raises roughly $75 billion annually. Other local taxes include sales taxes, utility taxes, and hotel taxes. In addition to these taxes, local governments levy a variety of fees and other charges. Examples include parking meter fees, building permit fees, regulatory fees, and judicial fines and penalties. In order to be considered a fee, the charge cannot exceed the reasonable costs to the local government of providing the associated product or service. Local governments use revenues from taxes and fees to fund a variety of services, like fire and police, public works, and parks. Current Requirements to Approve Taxes and Fees. State law requires increases in local taxes to receive approval of the local governing body—for example, a city council or county board of supervisors—as well as approval of voters in that local jurisdiction. Most proposed taxes require a two-thirds vote of the local governing board before being presented to the voters. Special taxes (those used for a specific purpose) require a two-thirds vote of the electorate while other types of taxes require a majority vote of the electorate. The majority-vote general taxes can be used for any purpose. Recent case law suggests that citizen initiative special taxes may be approved by majority vote, rather than a two-thirds vote. Currently, local governing bodies have the ability to delegate their authority to adjust fees and other charges to administrative entities, like city departments. In these cases, these charges can be increased or changed by the department within certain limits. Proposal This measure amends the State Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges. State and Local Government Taxes Expands Definition of Tax. The measure amends the State Constitution to expand the definition of taxes to include some charges that state and local governments currently treat as fees and other charges. For example, certain charges imposed for a benefit or privilege granted to a payer but not granted to those not charged would no longer be considered fees. As a result, the measure could increase the number of revenue proposals subject to the higher state and local vote requirements for taxes discussed below. Requires Voter Approval for State Taxes. The measure increases the vote requirements for increasing state taxes. Specifically, the measure requires that legislatively proposed tax increases receive approval by two-thirds of each house and a majority vote of the statewide electorate. Voters would still be able to increase taxes by majority vote of the electorate without legislative action, however. Any state tax approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure. Requirements for Approving Local Taxes. Whether sought by the local governing body or the electorate, the measure establishes the same approval requirements for increasing local Attachment C 365 Hon. Rob Bonta 3 January 19, 2022 special taxes. Any local tax approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure. Allowable Uses and Duration of State and Local Tax Revenues Must Be Specified. The measure requires state and local tax measures to identify the type and amount (or rate) of the tax and the duration of the tax. State and local government general tax measures must state that the revenue can be used for general purposes. State and Local Government Fees Requires the Legislature and Local Government Bodies to Impose State and Local Fees. Fees would have to be imposed by a majority vote of both houses of the Legislature or local governing bodies. The measure would restrict the ability of state and local governments to delegate fee changes to administrative entities. The extent of these restrictions would depend on future court decisions. Any fee approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure. Some New State and Local Fees Could Not Exceed Actual Costs. For some categories of fees, if the Legislature or a local governing body wished to impose a new fee or make changes to an existing fee, the measure generally would require that the charge be both reasonable and reflect the actual costs to the state or local government of providing the service. The measure also specifies that actual cost should not exceed “the minimum amount necessary.” In many cases, existing fees already reflect the government’s actual costs. In other cases, some fees would have to more closely approximate the payer’s actual costs in order to remain fees. If a fee payer challenged the charge, the state or local government would need to provide clear and convincing evidence that the fee meets this threshold. State and local governments also would bear the burden of providing clear and convincing evidence that the levy is a fee—which is not subject to a vote by the electorate—and not a tax under the new definition. Fiscal Effects Lower State Tax and Fee Revenue. By expanding the definition of a tax, increasing the vote requirements for approving taxes, and restricting administrative changes to fees, the measure makes it harder for the Legislature to increase nearly all types of state revenues. The extent to which revenues would be lower under the measure would depend on various factors, most notably future decisions made by the Legislature and voters. For example, requirements for legislative approval of fee increases currently set administratively could result in lower fee revenues, depending on future votes of the Legislature. That lower revenue could be particularly notable for some state programs largely funded by fees. Due to the uncertainty of these factors, we cannot estimate the amount of reduced state revenue, but it could be substantial. Lower Local Government Tax and Fee Revenue. Compared to the state, local governments generally face greater restrictions to raising revenue. By expanding the definition of taxes and restricting administrative changes to fees, the measure would make it somewhat harder for local governments to raise revenue. Consequently, future local tax and fee revenue could be lower than they would be otherwise. The extent to which revenues would be lower is unknown, but Attachment C 366 Hon. Rob Bonta 4 January 19, 2022 fees could be more impacted. The actual impact on local government revenue would depend on various factors, including future decisions by the courts, local governing bodies, and voters. Possible Increased State and Local Administrative Costs to Change Some Fee Levels.In some cases, state and local departments would need to develop methods for setting fees to reflect actual costs if the Legislature or local governing bodies wanted to change those fees in the future. Estimating actual costs by program and fee source could involve some added workload for those state and local departments, which likely would be supported by fee revenue. The extent of these administrative costs would depend on (1) whether the state and local governments determine a fee increase is needed in order to maintain their current level of programs and services funded through fee revenue and (2) future court decisions. Summary of Fiscal Effects.We estimate that this measure would have the following major fiscal effects: •Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts. Sincerely, _____________________________ for Gabriel Petek Legislative Analyst _____________________________ for Keely Martin Bosler Director of Finance Attachment C 367 Contra Costa County Office of Racial Equity and Social Justice REQUEST FOR QUALIFICATIONS (RFQ) # XXXX-XXX Administer the procurement, management, and monitoring of service contracts to increase African -American holistic wellness and support. The Contra Costa County Office of Racial Equity and Social Justice (ORESJ) is pleased to announce the solicitation of qualifications from applicants to administer the procurement, management, and monitoring of service contracts to increase African -American holistic wellness and support in Contra Costa County for the period of August 1, 2024 to June 30, 2027. The RFQ is a process by which the ORESJ solicits qualifications from Responders who may be selected to enter into a contract for the provision of these kinds of services. Please read this entire packet carefully Final submissions will be due to the Office of Racial Equity and Social Justice (ORESJ) via BidSync by June 21, 2024 at 5:00pm. Written questions about the RFQ can be submitted on BidSync by 5:00pm on June 12, 2024. All those registered in BidSync will receive the written responses to those questions. Thank you in advance for your efforts in preparing your response! RELEASE DATE: June 5, 2024 Statement of Qualifications Due Date: June 21, 2024 NO LATER THAN 5:00 P.M. PDT 368 Summary The Contra Costa County Office of Racial Equity and Social Justice (County) is seeking Statements of Qualifications (SOQ) from qualified applicants that can administer the procurement, management, and monitoring of multiple service contracts totaling up to $1 million towards African-American holistic wellness and support services and/or programs . The County welcomes responses from all qualified community non-profit foundations, philanthropic organizations, and grant-making bodies in good standing with the California Secretary of State and Franchise Tax Board. The County may, in its sole discretion, enter into a contract with a qualified provider or may reject all proposals and not award a contract at this time. 1. SOQ Submittal Process SOQs must be submitted electronically through the BidSync/Periscope 2SG website. Late submittals will not be accepted. No changes or additions to the SOQ may be made after the submittal date. Incomplete SOQs or SOQs that do not conform to the requirements specified in Section III herein will not be considered. Addenda: Any changes to these documents will be issued in writing via Addenda to be posted on BidSync/Periscope S2G website. Questions: All questions regarding the RFQ will be accepted through the BidSync/Periscope 2SG website only. The deadline for submitting questions is June 12, 2024 no later than 5:00 p.m. Questions will be answered and disseminated to those registered on the BidSync/Periscope 2SG website. Correspondence: As of the issuance of this RFQ, firms are specifically directed not to contact County personnel for meetings, conferences, or technical discussions related to this RFQ. Failure to adhere to this policy may result in disqualification of the firm. Please contact customer support if you need technical assistance with any part of the bid process at S2G@periscopeholdings.com or call (800) 990-9339. 2. SOQ Evaluation Process SOQs will be evaluated by a Selection Committee. The County will notify firms that will be considered for further evaluation and negotiation. Firms notified may be invited to interview. If so, interviews will be ½ hour. See Section IV for additional information. 369 3. Funding Up to $1,000,000 (one million dollars) is appropriated in the FY 23-24 County Budget, from an allocation of Measure X revenues, to expand the provision of existing community-based services that promote African American wellness in Contra Costa County. Contractor will be able to allocate up to 12% of total funds for indirect and administrative costs. For a full description of the purpose and background, see Section I: Introduction. For a full description of required activities and expected goals, see Section II: Scope of Work. 4. Calendar of Events Below is a schedule overview of the SOQ submittal process due dates, and evaluation and selection process: EVENT DATE RFQ Release Date June 5, 2024 RFQ Questions Deadline June 12, 2024 SOQ Submittal Deadline June 21, 2024 SOQ Review/ Evaluation June 24-28, 2024 Oral Interviews (if needed) July 1-3, 2024 Selection Notification July 8, 2024 Review by Equity Committee July 15, 2024 Contract Award by Board Aug 6, 2024 Table of Contents Section I: Introduction ............................................................................... Section II: Scope of Services .......................................................................... 370 Section III: Evaluation and Selection Process ........................................... Section IV: Instructions to Responders ..................................................... Exhibits Attachments • Exhibit A – Statement of Qualification • Attachment A – Sample County Contract • Exhibit B – Client References • Exhibit C – Anti-Collusion Statement • Exhibit D – CCC Business Opportunity Registration • Exhibit E – Addenda Acknowledgement Section I: Introduction A. Purpose The Contra Costa County Office of Racial Equity and Social Justice (ORESJ) is issuing a Request for Qualifications (RFQ) #XXXX-XXX to solicit the services of an experienced community foundation or similarly qualified applicant to collaborate with ORESJ to administer the procurement, management, and monitoring of service contracts towards African-American holistic wellness and support. Based on the response to this solicitation, the ORESJ plans to contract with a successful bidder for the period of August 1, 2024 to March 31, 2027 for services described in this RFQ. In collaboration with the ORESJ, the successful bidder will be expected to co-design and administer a two-year grant opportunity for community organizations engaged in meeting the urgent needs of African Americans in Contra Costa County and providing holistic wellness support services. This will include envisioning and implementing a funding model that bridges and marries County procurement and contracting processes that prioritize fiscal accountability and demonstrable outcomes with creative, flexible, and visionary funding approaches of Bay Area-based, community-centered philanthropy. This project is an effort to explore and test innovative partnerships between County and philanthropic organizations that center racial equity, strengthen the capacity of local direct-service community-based organizations, and prioritize the needs of vulnerable, marginalized communities in Contra Costa County. 371 For a full description of required activities and expected goals, see Section II: Scope of Work. The maximum allocation of funds available under the two-year grant opportunity described in this RFQ is $1,000,000. Bidders with experience and proven success in providing services as described in this solicitation are invited to submit responses. If you are interested in and capable of providing the requested services by contract with the County, please carefully review this entire RFQ and submit your response as directed in the “Instructions to Responders” section of this solicitation. This solicitation is not in any way to be construed as an agreement, obligation, or contract between the County and any party submitting a response, nor will the County pay for any costs associated with the preparation of any response. B. Background Currently, in Contra Costa County, African Americans represent approximately 8.7% of the population. Racism, inequity, injustice, disparities and harm exist throughout the United States and, unfortunately, here in Contra Costa County as well. In Contra Costa County, African American residents experience disproportionate rates of preven table chronic illnesses such as heart disease, obesity, cancer as well as most recently, COVID -19. Racial and ethnic disparities in health outcomes, the criminal justice system, educational achievement, and social service metrics are present in Contra Cost a County. These disparities have been well-documented in reports issued by the Contra Costa Racial Justice Task Force/Oversight Body, First Five Contra Costa, Kaiser Permanente, Contra Costa Health Services, Contra Costa Continuum of Care, Contra Costa Employment and Human Services Department, and others. For the last several years, members of the community have been advocating and leading the effort in the County for the creation of an African American Holistic Wellness and Resource Hub and the urgent need for expanded support services that address the pain, trauma, and other related challenges that exist in under- resourced, under-served African American communities. Recent advocacy efforts were launched in part by evidentiary findings of the racist and sexist actions of officers within the Antioch and Pittsburg Police Departments. The findings have led to the direct involvement of the County District Attorney, the County Public Defender, the State Attorney General, the FBI, and the Department of Justice. The high-level mission and vision for the African American Holistic Wellness and Resource Hub, as expressed through public comment made to the Board of Supervisors, is to host and provide culturally-relevant and responsive services to eliminate health and wellness disparities. As a result of services provided through the African American Holistic Wellness and Resource Hub, African American community members in Contra Costa County will 372 experience greater safety, connection and belonging, and have greater access to health, mental health and other support services that meet their immediate needs. Feasibility Study: Measure X Funding Brief History of Measure X On November 3, 2020, Contra Costa County voters approved a countywide 20 -year, ½ cent sales tax increase known as Measure X. The ballot measure stated that the intent of Measure X is “to keep Contra Costa’s regional hospital open and staffed; fund communit y health centers, 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. On February 2, 2021, the Board of Supervisors established a Measure X Community Advisory Board (MXCAB), and from May through August 2021, the MXCAB conducted a community needs assessment process to review and account for current community needs, strengths, and resources, and to identify potential strategies to address those needs, as the basis for making funding recommendations to the Board of Supervisors. The Advisory Board determined five overarching key areas of need for Contra Costa County communities: (1) Support for mental well-being (prevention, crisis response); (2) Increase equity and removal of structural barriers; (3) Ensure equitable access to health care, housing, childcare, income opportunities, and food; (4) Strengthen supports for residents of all generations; and (5) Creating communities where all residents feel safe and welcome. On October 12, 2021, the Board of Supervisors received the MXCAB’s report recommending funding priorities for Measure X funding allocations. For additional information on all recommended strategies, see the Measure X Community Advisory Board report to the Contra Costa County Board of Supervisors and presentation for the October 12, 2021 Board of Supervisors meeting. Measure X Allocations to Support African American Holistic Wellness In April 2023, the Board of Supervisors directed that a one-time allocation of $80,000 of Measure X funds be allocated for the purpose of conducting a feasibility study that will inform the development of an African American Holistic Wellness and Resource Hub (Hub) in Contra Costa County. The initial Hub will be established in East County, with a long-term vision of establishing multiple Hubs in other parts of the County over time. The feasibility study is meant to assess and determine the most appropriate design, structure, services, programming, location, and fiscal viability of the Hub(s) through a thorough analysis of quantitative and qualitative data that illustrate the health, safety, well-being, and priority needs of African American communities in Contra Costa County. In October 2023, the Board of Supervisors appointed a 13 -member Steering Committee to oversee the African American Holistic Wellness and Resource Hub (AAHWRH) Feasibility 373 Study process, including the selection of a contractor to conduct the study through a competitive process. The community members appointed to the Steering Committee represent each of the five districts within Contra Costa County and bring lived and professional experiences in behavioral health, maternal and infant health, parenting/family resources, education, youth services, economic development, sustainability, and environmental justice. The Board of Supervisors directed ORESJ to coordinate, convene, and provide staff support to the Steering Committee, as well as to administer the one-time allocation of $80,000 for the feasibility study and facilitate the procurement process for that contractor. In March 2024, ORESJ increased the funding amount by $100,000 using ORESJ department one-time funds, for a total possible award amount of $180,000, to conduct the feasibility study. That Request for Proposals was released on April 24, 2024 with proposals due May 24, 2024. In addition, upon receipt of the Measure X Community Advisory Board’s FY 23 -24 prioritized funding recommendations, on December 12, 2023, the Board of Supervisors directed that a one-time allocation of $1,000,000 of Measure X funds be allocated for the purpose of supporting the “African American Holistic Wellness and Resource Hub and existing services” in Contra Costa County. These funds were allocated as an immediate, intermediary step to what is expected to be an increased, long-term investment in Black communities’ ov erall well-being and holistic health. The activities supported through this funding will help inform the possibilities for what will become housed within the African American Holistic Wellness and Resource Hub in Contra Costa County. It is this allocation of funds that will fund the work outlined and described in this Request for Qualifications. Most recently, on April 23, 2024, the Board of Supervisors allocated an additional $7.5 million of Measure X funds towards the establishment and operation of an African American Holistic Wellness and Resource Hub and implementation of services and activities. The feasibility study, along with outcomes and lessons learned from the service activities described in this RFQ, will inform the Board of Supervisors on how to allocate and apply these funds. Section II: Scope of Services The County seeks to contract with an eligible contractor with extensive expertise in supporting local Black-led and Black community-serving organizations to administer the procurement, management, and monitoring of service contracts aimed at increasing and strengthening African-American holistic wellness in Contra Costa County. This contractor will produce a set of recommendations of awards to the Board of Supervisors for final approval of contracted service providers. In order to be considered for selection, bidders must demonstrate capacity, cultural competency, commitment, and experience in working in deep partnership with service 374 providers and community organizations embedded in, representative of, and dedicated to serving marginalized, vulnerable communities, and specifically impacted African American communities in Contra Costa County. Additionally, bidders must have the capability and experience to perform the following scope of services. Organizations that would like to submit an SOQ but cannot perform all required services are encouraged to partner with sub-consultants to have a team that would complement/supplement their capabilities. Distribution of Funds The release of funds and funding of service contracts will occur in two annual phases: ▪ $500,000 in phase 1 (January 1, 2025 – December 31, 2025) ▪ $500,000 in phase 2 (January 1, 2026 – December 31, 2026) While applications for funds will be accepted for services/programming targeting African American communities of any region of Contra Costa County, services/programming serving East County’s most impacted communities will be prioritized. These awards are expected to augment and/or expand existing services or programs by increasing capacity (e.g. serve more participants, host additional events, extend program periods). They are not expected to initiate new programs , hire entire new staffing teams, etc. Based on MXCAB key areas of need, community input, and existing research data, the proposed service/program categories to be prioritized are: ▪ Mental health supports ▪ Food insecurity services ▪ Re-entry support services ▪ Youth development support/services ▪ Violence prevention/intervention services ▪ Community healing, particularly from trauma due to police violence Final determination of service/program categories will be made after the contractor has been selected and will involve a collaborative process with the contractor and ORESJ. Contractor will be able to allocate up to 12% of total funds to go toward indirect and administrative costs. Scope of Services I. In partnership with ORESJ, co-design a two-year grant opportunity for community organizations to meet the urgent needs of African Americans in Contra Costa County by providing holistic wellness support services. The design process will include 375 determining the types of services, funding categories, grant award amounts, and contracting requirements. II. Administer a transparent, equitable procurement process, including issuing a Request for Proposals (RFP) and providing technical support to community organizations during the proposal submission process (e.g. Conduct a bidders’ conference, provide grant writing support, hold proposal review sessions) III. Support ORESJ by participating in all activities as thought partners, co -designers, and co-facilitators in the outreach, recruitment, selection, and training of a cohort of community members to conduct a participatory review process of grant proposals. Contractor will take on financial responsibility of providing stipends for the review committee members and is allowed to use their 12% indirect costs for this purpose . IV. In partnership with ORESJ, coordinate and co-facilitate the participatory review process, including coordination of review sessions, creation of scoring rubric, synthesizing scores into final recommendations, and presenting recommendations to Board of Supervisors for their final approval. V. Oversee contracting process with ORESJ and County-approved grantees, including drafting of service plan, negotiations with grantees, and assembling grantee cohort for orientation and kickoff event. VI. Establish invoicing and payment process ; distribute timely payments to grantees. VII. Establish program monitoring process, including deliverables and evaluation of progress and success, and produce summary report of outcomes. VIII. In partnership with ORESJ, provide technical support for grantees throughout contract period. This can include site visits, strategic partnership, connection to resources and/or other supports, and /or additional trainings and capacity building opportunities. IX. In partnership with ORESJ, reconvene participatory review committee to assess if grantees were successful, and whether a second year of funding is approved. Determine if any changes to program design, goals, timeline, budget, and/or any other relevant conditions within the current service delivery, model and contract. X. In partnership with ORESJ, produce a summary report at the end of year 1 and year 2 that outlines observations and recommendations written in clear, concise plain language that is accessible to all Contra Costa residents and stakeholders. Section III: Instructions to Responders Respondents shall submit SOQs that are concise and specifically responds to all requested services as posted in this RFQ. Each SOQ shall include the following format, content, and attachments. SOQs that do not conform to the requirements specified below wi ll not be considered. A. Format 1. Cover Letter – Signed in blue ink by an authorized representative of the firm 2. Title/Cover Page with Table of Contents 376 3. Statement of Qualifications (SOQ) – within a maximum of 10 pages (12-point font, 1” margins, consecutively numbered pages), describe your organization’s experience, capacity, and expertise as they relate to the scope of services described in this RFQ, using the same section titles and in the following order: • Organizational History and Overview (2-3 pages): Briefly describe your organization’s vision, mission, and strategic goals. Include a summary of your priority areas of investment (e.g. geographic focus, service categories, etc.), current portfolio of grantees, years in operation, size of organization. • Scope of Services Understanding and Experience (3-4 pages): Describe the organization’s understanding, knowledge, and experience working in partnership and supporting Black-led, Black community-serving grassroots organizations. Describe your organization’s expertise in grantmaking, including the administration and manag ement of grant contracts, relationship- and capacity-building with grantees. Describe similar projects/initiatives completed. If applicable, indicate the availability of additional funds or resources that can be leveraged to supplement the work described in the scope of services. • Team Member Qualifications (2-3 pages): Identify the team member(s) for this project, including roles and duties as related to this project. Provide an Organizational Chart of key team members, including subcontractors; and describe team members’ lived experiences related to the scope of work, their qualifications, experience level, and expertise of each key team member, including: o Team leadership/Project Manager o Indicate who is authorized to negotiate contract terms on behalf of your organization o Areas of specialization of each key team member o Related projects key team members have worked on , and other relevant experience that speaks to their expertise on this project o Submit resumes for all key team members who will be working directly on this project (these will not count towards page limit; see below in Attachments) • Acknowledgement of the Standard Contract Conditions (Attachment A): In Attachment A, provide acknowledgement regarding the acceptability of the standard Consulting Services Agreement, General and Special Conditions, including indemnifications and insurance requirements . 4. Attachments • Federal, State, and local permits and licenses , as applicable • Statement of Qualification (SOQ) – See Exhibit A 377 • Key Team Member Resumes – please keep each resume to no more than 2 pages , highlighting the most relevant experiences, skill sets, etc. related to this project • Client References – See Exhibit B • Anti-Collusion Statement – See Exhibit C • Contra Costa County Business Opportunity Registration Form – See Exhibit D (for both firms and all sub-consulting firms. If your firm is not an SBE per the County’s SBE Program guidelines, still submit the SBE Registration form with your firm’s name and write “NOT QUALIFIED UNDER COUNTY SBE PROGRAM” across the sheet) • Addenda Acknowledgement – See Exhibit E • W-9 and State Business Verification • Certificate of Insurance with Endorsement Letter B. SOQ Submission a. Response to this RFQ MUST be submitted electronically through the BidSync/Periscope website – NO EXCEPTION b. Late submittals WILL NOT be accepted – NO EXCEPTION C. Client References (Exhibit B) Respondents shall provide a list with a minimum of three (3) references. Each reference must include the name of the person, their organization, their relationship to your organization, the years known, and current contact information. D. Licenses and Permits Respondents shall possess all licenses, registrations and permits required by the State of California and the County of Contra Costa, as applicable. Such licenses and permits are to be submitted to the County with the SOQ or prior to the contract signing date. E. Submittal Expenses Respondents shall be fully responsible for all costs incurred in the development and submittals for this RFQ. F. Respondent Responsibility The Respondent assumes sole responsibility for the complete effort required in submitting an SOQ in response to this RFQ. No special consideration will be given after SOQs are opened because of a Respondent’s failure to be knowledgeable as to all of the requirements of this RFQ. G. Interpretation 378 Should any discrepancies, omissions, or doubt as to their meaning be found in the RFQ specifications or requirements, the Respondent shall notify the County in writing through the BidSync/Periscope website. The County will send written instructions or addenda to all participants in the RFQ process. The County shall not be responsible for oral interpretations. H. Reservation The County reserves the right to do the following at any time and for its own convenience, at its sole discretion: • To reject any and all SOQs without indicating any reasons for such rejection • Terminate this RFQ and issue a new RFQ anytime thereafter • Extend any or all deadlines specified in the RFQ, including deadlines for accepting SOQs by issuing an Addendum at any time prior to the deadline for receipt of responses to the RFQ • Procure any services specified in the RFQ by other means • Disqualify any Respondent on the basis of any real or perceived conflict of interest or evidence of collusion that is disclosed by the SOQ or other data available to the County. Such disqualification is at the sole discretion of the County. • Reject the SOQ of any Respondent that is in breach of or in default under any other agreement with the County • Reject any Respondent deemed by the County to be non -responsive, unreliable, unqualified, or non-responsible I. Truth and Accuracy of Representation False, misleading, incomplete, or deceptively unresponsive statements in connection with a submittal shall be sufficient cause for rejection of the submittal. J. Sub-Contract and Assignment The Contract binds the heirs, successors, assigns and representatives of Contractor. Prior written consent of the County, is required before the Contractor may enter into subcontracts for any work contemplated under the Contract, or before the Contractor may assign the Contract or monies due or to become due, by operation of law or otherwise. K. Addenda No one is authorized to amend any of these documents in any respect by an oral statement or to make any representation or interpretation in conflict with their provisions. Any changes to these documents will be issued in writing via addenda to be posted on the BidSync/Periscope website. L. Addenda Acknowledgement 379 All addenda shall include an acknowledgement of receipt that must be returned. The addenda must be signed and attached to the final response. Failure to attach any addendum may result in the rejection of the response. See Exhibit E. M. Non-Collusion By submitting a signed submittal, Respondent certifies that there has been no collusion with any other Respondent. Reasonable grounds for believing Respondent has an interest in more than one submittal will result in rejection of all submittals in which th e Respondent has an interest. Any party to collusion may not be considered in future submittals for the same or similar work. See Exhibit C. Section IV: Evaluation and Selection Process A. Selection Process All Statements of Qualifications (SOQs) received will be evaluated by a Selection Committee. Each SOQ will be evaluated for completeness and overall responsiveness to the requirements contained in this RFQ. The following criteria, will be evaluated to determine which applicant best meets the needs of the County as described in Section III: Program Elements and Possible Score I. Organizational History and Overview 0-30 pts o Relevancy of the organization’s vision, mission, and strategic goals. o Demonstrates alignment of purpose and values. o Priority areas of investment and current portfolio reflect a commitment to addressing the needs of marginalized, underserved, Black communities. o Describes competencies and expertise needed to establish rapport, trust and credibility with marginalized, underserved, Black communities. II. Scope of Services Understanding and Experience 0 – 40 pts o Demonstrates a strong level of understanding, knowledge, and experience working in partnership and supporting Black -led, Black community-serving grassroots organizations. o Demonstrates expertise in grantmaking, including the administration and management of grant contracts, relationship - and capacity-building with grantees. o Describes similar projects/initiatives completed . III. Team member qualifications 0 – 30 pts o Qualifications, lived experiences, expertise and related projects of staff are sufficient to deliver on the full scope of work. o Staff areas of specialization and related projects they have worked on that align with this scope of services. 380 o Description of each team member’s role and area of responsibility in the project. Total: 100 points IV. Preferential Points for Supplemental Resources o To what extent are matching resources identified to supplement funding that will expand capacity and opportunities for grantees? Are there other initiatives or efforts that the organization is or will be implementing that can be leveraged and aligned to amplify or extend the project goals and impact? o Points equaling up to 5% (or 5 points) of the total score possible will be added to the applicant’s total score. The addition of these preferential points will make up the applicant’s final score. B. Evaluation and Negotiation Upon completion of the review of SOQs, the County will notify Respondents that will be considered for further evaluation and negotiation. Respondents may be contacted for an interview, if needed. The key team members identified in the SOQ should attend the interview. Interviews will be ½ hour. Any delay caused by Respondent’s failure to respond to direction from the County may lead to a rejection of the SOQ. C. Award of Contract If the County determines after further evaluation and negotiation, to award the Contract, a Contract will be sent to the successful Respondent for signature. No submittal shall be binding upon the County until after the Contract is signed by duly authorize d representatives of both Respondent and the County. D. Submittals are Public Records California Government Code Section 6250, the Public Records Act, defines a public record as any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of phy sical form or characteristics. The Public Records Act provides that public records shall be disclosed upon request and that any person has a right to inspect any public record, unless the document is exempted from disclosure. Unless otherwise compelled by a court order, the County will not disclose any submittals while the County conducts its deliberative process in accordance with the procedures identified in this RFQ. However, after the County either awards a contract to a su ccessful Respondent, or rejects all submittals, the County will consider each submittal subject to the public disclosure requirements of the California Public Records Act. Each Respondent is hereby informed that, upon submittal of its SOQ to the County in accordance with this RFQ, the SOQ becomes the property of Contra Costa County. E. Protest Procedures 381 In the event a dispute arises concerning the RFQ process prior to the award of the contract, the party wishing resolution of the dispute shall submit a request in writing to the attention of: Kendra Carr and Peter Kim, Co-Directors Office of Racial Equity and Social Justice Contra Costa County 1026 Escobar Street, Suite 2B Martinez CA, 94553 382 Section V: Contract Information and Requirements A. Contract Information: 1. Contract Period Any agreement awarded as a result of this RFQ will include the County’s general terms and conditions, attached as Attachment A to this RFQ. The initial term of any agreement awarded as a result of this RFQ will be for up to 32 months. Nothing in this RFQ, and nothing in an agreement awarded as a result of this RFQ, commits the County to contract with the successful responder for any particular length of time. All other factors being substantially equal, preference will be given to respondents located within Contra Costa County. For purposes of this RFQ, a respondent is located in Contra Costa County if its principal place of business has been located in Contra Costa County for at least six months immediately prior to the issuance of this RFQ. 2. Contract Monitoring and Evaluation On behalf of the County, the Office of Racial Equity and Social Justice (ORESJ) will actively monitor all services provided through the contract that results from this RFQ process. This monitoring will determine if the Contractor is performing as intended or if good cause exists to terminate the contract prior to the end of the contract term. At a minimum, contractors will be expected to: a. Perform all services without material deviation from an agreed -upon Service Plan; b. Complete progress reports for the County; c. Maintain adequate records of service provision to document compliance with Service Plan and complete any forms provided by the County; and d. Cooperate with the collection of other fiscal/administrative/service data as requested by the County. The County will: a. Negotiate a service contract that identifies specific performance outputs and/or outcomes to be achieved during the contract term; b. Review contract at least once within the contract period to ensure compliance with output/outcome requirements, document any noncompliance, and establish a Corrective Action Plan as needed; c. Be part of the monitoring of service contracts with grantees that utilizes funds allocated to the grant program; and d. Provide information to contractors concerning additional State or County data requirements not provided here or in the resulting contract. 3. Contract Management Responsibilities 383 The Contractor’s Contract Manager shall also be responsible for all matters related to the firm’s personnel and subconsultants performance including but not limited to: • Supervising, reviewing, monitoring, and directing the firm’s personnel, and managing subconsultants. • Assigning qualified personnel to complete the requested services. • Administering personnel actions for firm’s personnel and ensuring appropriate actions taken for subconsultant personnel. • Maintaining and submitting organized project files for record tracking and auditing. • Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes if requested. • Implementing and maintaining quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones. • Reviewing invoices for accuracy and completion before billing to County. • Providing invoices in a timely manner and providing monthly contract expenditures. • Managing overall budget for contract and provide report to the County Contract Manager. • Ensuring compliance with the provisions of the contract and all specific Task Order requirements. • Ensuring the health and safety of personnel working in a hazardous environment in accordance with all applicable Federal, State, and Local regulations as applicable. 384 Exhibit A: Statement of Qualification SECTION A Business Name: __________________________________________ Phone #: _____________________ Address: _____________________________________________________________________________ City: __________________________________________________ State: ________ ZIP: _____________ Federal Tax ID #: ____________________________ Business License #: ___________________________ Business Status: _____Non Profit Corporation _____Corporation State of Incorporation:_____________________ _____General Partnership _____Limited Partnership _____Sole Proprietorship Other: __________________________ Name and title of an Officer or owner authorized to sign this Statement of Qualification and any contract with the County that may result. Name: __________________________________________________ Title: ________________________ SECTION B Number of years in business under present business name: ____________________________________ Other Business Name(s): ________________________________________________________________ Number of years under prior name if any: ___________________________________________________ SECTION C Number of years of experience in providing required, equivalent, or related projects: _______________ SECTION D Similar services/projects completed during the last five years? Period Services $ Amount Paid Location Agency Name 1 - __________________________________________________________________________________ 385 2 - __________________________________________________________________________________ 3 - __________________________________________________________________________________ 4 - __________________________________________________________________________________ 5 - __________________________________________________________________________________ SECTION E Have you, or your agency failed or refused to complete a contract? _____ YES ______ No If yes, explain: _________________________________________________________________________ _____________________________________________________________________________________ SECTION F Is your firm authorized to do business in the State of California? _____Yes _____No SECTION G Is your firm a State of California registered small business? ______Yes ______No SECTION H Is your firm a local Business? ______Yes ______No SECTION I Explain any litigation similar to the services requested by this proposal involving you, or your agency, or any principal officer(s) thereof: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ SECTION J 386 Has your company filed any written declaration for bankruptcy protection, a potential merger or acquisition, office closure, pending lawsuits, financial loss that might affect your ability to perform under the Contract? _________ Yes _________ No (if yes, please explain): _____________________ _______________________________________________________________________________ _______________________________________________________________________________ ___________________________________________________________________________________ __________________________________________________________________________________ SECTION K License Provisions Has your company changed names or license numbers in the past 10 years? If so, please state reason for change. Yes_____ No_____ Reason _______________________________________________________________________________ _______________________________________________________________________________ ___________________________________________________________________________________ __________________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ SECTION L List the names and titles of the key personnel who would be assigned to the Contract. Name Classification ___________________________________ _____________________________________________ ___________________________________ _____________________________________________ ___________________________________ _____________________________________________ ___________________________________ _____________________________________________ SECTION M List all required business and professional licenses that pertain to this Contract: License Number Type Expiration Date 387 _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ SECTION N Do you and your agency agree to provide additional information as required by the County to make an informed determination of qualifications? ______ Yes _____ No By signing this Statement of Qualification, you are certifying that all information provided on this form and contained within your proposal are true, and you acknowledge that if the proposal contains any false statements, the County may declare any contra ct or agreement made as a result of the proposal to be void. Signature: ________________________________________________ Date: ______________________ Authorized Name: ____________________________________Title: _____________________________ 388 Exhibit B: Client References Organization: Contact Person: Address: Tel. Number: City, State, Zip: Email Address: Relationship / Years Known: Organization: Contact Person: Address: Tel. Number: City, State, Zip: Email Address: Relationship / Years Known: Organization: Contact Person: Address: Tel. Number: City, State, Zip: Email Address: Relationship / Years Known: Organization Name: _____________________________________________________________ Authorized Name: _______________________________ Title: ___________________ Authorized Signature: ____________________________ Date: __________________ 389 Exhibit C: Anti-Collusion Statement By signing this form, the Bidder agrees that this submittal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting an Statement of Qualifications quote for the same purpose and that the quote is in all respects fair and without collusion or fraud, IT IS AGREED BY THE UNDERSIGNED BIDDER, THAT THE SIGNING AND DELIVERY OF THE SOQ REPRESENTS THE BIDDER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FORGOING SPECIFICATIONS AND PROVISIONS, AND IF AWARDED, THIS CONTRACT WILL REPRESENT THE AGREEMENT BETWEEN THE BIDDER AND THE COUNTY. NAME OF FIRM: ______________________________________________________________ [Sign in ink in the space provided below] SIGNED BY: _________________________________________________________________ TITLE: ______________________________________________________________________ ADDRESS: __________________________________________________________________ CITY & STATE: _______________________________________________________________ TELEPHONE: _________________________________________________________________ 390 Exhibit D: County Business Opportunities Registration Place Holder See Attached 391 Exhibit E: Addenda Acknowledgement TO BE RETURNED WITH REQUEST FOR PROPOSAL STATEMENT OF QUALIFICATIONS RFQ No.: _______________ Title: ________________________________________________ ADDENDUM ACKNOWLEDGEMENT (Please initial for addendums received) Addendum #1: _________________ Addendum #3: _____________________ Addendum #2: _________________ Addendum #4: _____________________ Company Name: _____________________________________________________________ Contact Name: _______________________________________________________________ Email Address: ____________________________________________ Phone No.: _________ Address:____________________________________________________________________ ___________________________________________________________________________ Authorized Signature: _________________________________________________________ Date: _______________________________________________________________________ 392 Attachment A: Sample County Contract Place Holder See Attached 393 394 395 396 397 398 399 400 401 402 403 404 405 Seat Title Appointee Name City of Residence/Primary Work Location Appointment Date Term Expiration Public Member 1 – At Large Thomas Fenster Richmond February 27, 2024 December 31, 2027 Public Member 2 – At Large Jutta Burger Martinez February 27, 2024 December 31, 2027 Public Member 3 – At Large Susanna Thompson Brentwood February 28, 2023 December 31, 2026 Environmental Organization – At Large Seat Roxana Lucero Pittsburg February 28, 2023 December 31, 2026 Sustainability Commission Representative Kimberly Hazard Richmond February 28, 2023 March 31, 2025 Public Member – Fish and Wildlife Committee Representative Susan Heckly Pleasant Hill February 28, 2023 February 28, 2026 Public Works Director or Designee Martinez None County/Unincorporated County Stormwater Program Representative Michele Mancuso Martinez February 28, 2023 None Agriculture Commissioner or Designee Concord None County Pest Management Contractor Carlos Agurto Antioch February 28, 2023 None University of California Representative Vacant Chris Lau June 4, 2024 (Anticipated)Martinez Gabriel Chan March 19, 2024 March 19, 2024 None INTEGRATED PEST MANAGEMENT ADVISORY COMMITTEE ROSTER 406 Submit Date: Jul 09, 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 5 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? ~20+ Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? Contra Costa Commission for Women and Girls: Submitted Seat Name Nakenya S Allen Martinez CA caregiver Nakenya S Allen 407 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 UC Davis Degree Type / Course of Study / Major Animal biology Degree Awarded? Yes No College/ University B Name of College Attended Carrington college Degree Type / Course of Study / Major AS Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Nakenya S Allen 408 Upload a Resume Other Trainings & Occupational Licenses Other Training A 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. I have a strong passion to improve quality of life in multiple areas of the underserved communities. I'm especially moved by the issues facing vulnerable children as I have personal experience with, growing up in the system, and overcoming multiple barriers to achieve success. My experience has equipped me with the most important and basic qualities including: empathy, critical thinking and being an advocate for both children and adults to ultimately serve to create much needed voice and path to improve the quality of life for underserved communities. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I’m very motivated, outspoken, charming, and straightforward, creative and most importantly humble. I have a lot of experience with most of these issues growing up in the system as a vulnerable former foster child who faced many barriers to become a wholesome adult. I am currently undergoing training to be a court appointed special advocate (CASA) and these commissions are aligned with both my values and passion. I have a lot to offer by means of understanding, and a unique perspective when it comes to making bold changes. I am a leader in my community and have continued to break barriers in order to make the places I reside more inclusive for all citizens especially those who are underserved. 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 Nakenya S Allen 409 If Yes, please explain: I'm am a caregiver of a special needs child so as long as the obligations are reasonable to work around school etc. I am confidant that I will be able fulfill my commitments to the appointed committees. 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: N/A If Yes, please also list the Contra Costa County advisory board(s) on which you have previously served: community advisory board List any volunteer or community experience, including any advisory boards on which you have served. I am a community organizer in my city. I have inspired my city and residents to get involved for an active role in making the changes we all desire. I have spearheaded many projects most were the first of their kind in my city of Martinez. I have continued to advocate for our most vulnerable citizens young and old. And have served on a previous advisory board for contra costa. I remain an active member of my community and throughout the county, I have also gained a ton of support in the most unlikely of places. I have alot to offer any place I am chosen to serve 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: 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: Nakenya S Allen 410 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. Nakenya S Allen 411 Nakenya Allen Martinez, CA Dedicated and hardworking Veterinary Assistant with five years of experience seeking to join a team where I can demonstrate my passion and willingness to learn. Authorized to work in the US for any employer Work Experience Veterinary Technician Animal Advocates Veterinary Hospital- Vallejo, CA June 2015 to November 2015 • Intravenous catheter placement • Cystocentesis • Out/in patient treatment • Extensive surgical monitoring and prep • Going over client estimates Veterinary Technician Sage Centers - Concord, CA October 2012 to June 2014 • Overnight and late swing shifts • After hours reception as well as critical care patient nursing • CRI drug calculation and maintenance • Exotic Animal Experience Veterinary Technician All Creatures Veterinary Hospital - El Cerrito, CA August 2011 to February 2012 • Assisted with appointments, surgery, and hospital and patient care. • Vaccinations and ear and skin cytology • Exotic Animal experience Veterinary Technician Contra Costa County Animal Services - Martinez, CA April 2008 to April 2010 • Worked in spay and neuter clinic • Worked in shelter medicine Education Associates of Science in Veterinary Technology 412 Carrington College - Pleasant Hill, CA April 2014 to Present Additional Information Summary of Skills • Animal handling • Hospital Care • Surgery preparation • Surgery monitoring and after care • Calculation drug dosages • IM, SQ, and IV administration • Laboratory procedures • In house blood panels • Ear and skin cytology • Patient Care • Client education • Processing patient payments 413 Submit Date: Feb 05, 2024 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 1 Length of Employment 8 years Do you work in Contra Costa County? Yes No If Yes, in which District do you work? 1 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? Contra Costa Commission for Women and Girls: Submitted Christy N Lam-Julian Pinole CA Self Main Caregiver Christy N Lam-Julian 414 Seat Name Ar Large 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? 3 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended San Jose State Degree Type / Course of Study / Major Business Administration 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 Christy N Lam-Julian 415 Upload a Resume Degree Awarded? Yes No Other Trainings & Occupational Licenses Other Training A California Culinary Academy Certificate Awarded for Training? Yes No Other Training B Le Cordon Bleu Certificate Awarded for Training? Yes No Occupational Licenses Completed: Business Management Qualifications and Volunteer Experience Please explain why you would like to serve on this particular board, commitee, or commission. My lived experience as a 1st generation Vietnamese American continues to motivate me to advocate for the protection of human rights, organize communities, and be a champion of justice for the global majority. With this opportunity to serve on the Women and Girls Commission, I will be able to lift up and better advocate for those not in the room. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) Working in customer service has allowed me to hone my skills of effective communication and collaboration. Working in hospitality I was able to strengthen my adaptability and think outside of the box. As a mother of a young child with special needs I am mindful of the importance of always learning and growing. Would you like to be considered for appointment to other advisory bodies for which you may be qualified? Yes No Christy N Lam-Julian 416 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. 2015 - Kaiser Postnatal Advisory Board member advocating for better care for mothers of color 2021 Shannon Elementary School Site Council (budget oversight committee),recommended the monies and programs were spent equitable. Brought Mafanikio (after school enrichment African American appreciation program) to Shannon Elementary (highest attended in WCCUSD) 2022 • Started Not In Our Town – Pinole, a people movement standing against hate/ bullying • WCCUSD Guiding Coalition member: re-imaging the Mission, Vision and Graduate Profile • WCCUSD CAC member: advocating for families with special needs children • Organized the 1st Lunar New Year celebration in Pinole and WCCUSD • Appointed to Pinole Community Service Commission: bridged the communication gap and connect community members to support and services 2023 • Appointed to Pinole Planning Commission: ensure urban development and planning are community centered • Rotary Club Board Member: help uplift small business and family voices • Interact Advisor: support youth to exercise their platform • Pinole Community Engagement Committee: assist in authentic outreach to the full community • Jordan- Huerta Fellow: reducing barriers for women of color for civic engagement 2024 – New American Leaders Fellow - reducing barriers for women for civic engagement 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: Christy N Lam-Julian 417 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. Christy N Lam-Julian 418 Seat/Position Name Term begins Term ends Email Phone District I Joey Smith 3/1/2023 3/1/2027 District II Marilyn Cachola Lucey 3/1/2023 2/28/2027 District III Shauna Polk 3/1/2022 2/28/2026 District IV Ria Bhatt 5/23/2023 2/28/2026 District V Kirsten Upshaw 8/10/2021 2/28/2025 At Large 1 Dena Acosta‐Beere 4/22/2024 2/28/2025 At Large 2 Jennifer Rizzo 3/1/2021 2/28/2025 At Large 3 2/28/2027 At Large 4 Lanita Mims‐Beal 3/1/2021 2/28/2025 At Large 5 2/28/2026 At Large 6 Adey Teshager 10/11/2022 2/28/2026 At Large 7 Faye Maloney 3/1/2021 2/28/2025 At Large 8 Nakenya Allen (recommended)2/28/2027 At Large 9 Christy Lam‐Julian (recommended)2/28/2027 At Large 10 Destiny Brisco 7/26/2022 2/28/2026 Alternate 2/28/2026 Revised: 5/7/2024 Contra Costa Commission for Women and Girls Roster, May 2024 419 420 421 422 423 424 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. Nicola Lopez 425 426 427 428 429 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. Jarrod M Bolliger 430 Contra Costa Advisory Council on Aging Roster (as of 10/2023) Seat Title Term Expiration Current Incumbent District BOS Appointment Date Notes At-Large 1 9/30/2024 Lang, Thomas I 3/21/2023 At-Large 2 9/30/2024 Krohn, Shirley IV 10/11/2022 At-Large 3 9/30/2025 Hayes, Michelle I 6/13/2023 At-Large 4 9/30/2024 Shafiabady, Sara V 10/11/2022 At-Large 5 9/30/2024 Card, Deborah V 10/11/2022 At-Large 6 9/30/2024 Lipson, Steve I 10/11/2022 At-Large 7 9/30/2024 Awadalla, Mike IV 5/23/2023 At-Large 8 9/30/2024 Lee, George III 5/23/2023 At-Large 9 9/30/2025 Ortega, Julie II 3/5/2024 At-Large 10 9/30/2024 Tobey, Terri II 10/11/2022 At-Large 11 9/30/2025 Shaefer, Carol II 3/5/2024 At-Large 12 9/30/2025 Shelly, Antonio III 3/5/2024 At-Large 13 9/30/2025 Boaz, Roger II 3/5/2024 At-Large 14 9/30/2025 Yee, Dennis IV 10/19/2021 At-Large 15 9/30/2025 Robertson, Logan IV 3/5/2024 At-Large 16 9/30/2025 O'Toole, Brian IV 10/19/2021 At-Large 17 9/30/2024 Donovan, Kevin D.II 10/11/2022 At-Large 18 9/30/2024 Wener, Michael II 11/2/2021 At-Large 19 9/30/2025 Kleiner, Jill II 10/19/2021 At-Large 20 9/30/2024 Sakai-Miller, Sharon II 3/22/2022 Local Seat: Antioch 9/30/2024 Fernandez, Rudy III 10/25/2020 Local Seat: Brentwood 9/30/2025 Eric Britz III 3/5/2024 Local Seat: Clayton 9/30/2025 Berman, Michelle IV 10/19/2021 Local Seat: Concord 9/30/2025 Fowler, Marilyn IV 5/23/2023 Local Seat: Danville 9/30/2025 Donnelly, James II 10/19/2021 Local Seat: El Cerrito 9/30/2024 Kehoe, Carol I 7/12/2022 Local Seat: Hercules 9/30/2024 Doran, Jennifer V 10/25/2020 Local Seat: Lafayette 9/30/2025 Morisky, Richard II 3/5/2024 Local Seat: Martinez 9/30/2025 Iorns, Jody V 2/22/2022 Local Seat: Moraga 9/30/2025 Benavides, Francisco II 4/9/2024 Local Seat: Oakley 9/30/2025 Rigsby, Michael III 12/14/2021 Local Seat: Orinda 9/30/2025 Evans, Candace II 10/19/2021 Local Seat: Pinole 9/30/2025 Magistrado, Lori I 1/19/2024 Local Seat: Pittsburg Vacant Local Seat: Pleasant Hill 9/30/2025 Van Ackeren, Lorna IV 10/19/2021 Local Seat: Richmond 9/30/2024 Burkhart, Cate I 3/21/2023 Local Seat: San Pablo Vacant I Local Seat: San Ramon Vacant II Local Seat: Walnut Creek 9/30/2025 Kalm, Denise IV 4/9/2024 431 Contra Costa Advisory Council on Aging Roster (as of 10/2023) Seat Title Term Expiration Current Incumbent District BOS Appointment Date Notes Nutrition Project Council Vacant Alternate Member 1 9/30/2025 Castillo, Michael IV 3/5/2024 Alternate Member 2 Lopez, Nicola Pending FHS & BOS Alternate Member 3 Bolliger, Jarrod III Pending FHS & BOS Alternate Member 4 Vacant Pending BOS Approval Vacant 432 Contra Costa County Boards & Commissions Application Form Submit Date: March 14/2024 Profile Which Boards would you like to apply for? Economic Opportunity Council: Submitted Private/Non-Profit Sector Alternate Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). The Bay Area's economy and wealth generation are the envy of the world. However, the limited economic mobility in this region is shocking and having a sig nificant negative impact on families in Contra Costa County. For one of my clients, I work closely with low wage workers preparing to apply for citizenship. Their stories are inspiring. Even though they encounter more walls than doors, they are determined to give their children the best. I am interested in supporting the County's efforts to provide our community's families access to the region's wealth. This application is used for all boards and commissions Monisha Merchant Concord CA 94518 Staie Lotus Advisory ltd. Managing Director Consultant Employ•�, ..:ob rillC 0CUl!)iJIIOl1 Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? r Yes r. No Is a member of your family (or step-family) employed by Contra Costa Co.? r Yes r. No Education History Monisha Merchant Page 1 of 5 433 434 435 436 437 Submit Date: Mar 01, 2024 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 3 Length of Employment 1 Do you work in Contra Costa County? Yes No If Yes, in which District do you work? District 3 How long have you lived or worked in Contra Costa County? 12 years Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? Economic Opportunity Council: Submitted Nicola Lopez Founder Nicola Lopez 438 Seat Name 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 Strayer Degree Type / Course of Study / Major MBA Degree Awarded? Yes No College/ University B Name of College Attended Kaplan Degree Type / Course of Study / Major Bsc Business Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Nicola Lopez 439 Degree Awarded? Yes No Other Trainings & Occupational Licenses Other Training A Diversity Practitioner Certificate Awarded for Training? Yes No Other Training B Life Coach 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. I am interested in serving on the EEOC board with the county because I am passionate about promoting diversity, equity, and inclusion in the workplace. I believe in the mission of the EEOC to enforce federal laws that prohibit workplace discrimination, and I want to contribute my skills and experiences to ensure fair treatment and opportunities for all individuals, regardless of race, gender, religion, or any other protected characteristic. Additionally, I am dedicated to fostering a positive work environment where everyone feels valued and respected, and I see this position as an opportunity to make a meaningful impact in advancing these goals within the community. Nicola Lopez 440 Upload a Resume Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) As a certified diversity practitioner, I have undergone specialized training and obtained certification in diversity and inclusion strategies. My expertise in this field includes understanding the nuances of diversity issues, implementing inclusive policies and practices, conducting diversity training, and fostering an inclusive organizational culture. In my roles within corporate America, I have actively championed diversity and inclusion initiatives. As a DEI and ERG Program Manager, I led diversity task forces and developed comprehensive diversity and inclusion plans tailored to the needs of the organization. I collaborated with HR departments to implement recruitment and retention strategies that promoted diversity and equal opportunity. Additionally, I facilitated workshops and training sessions on topics such as unconscious bias, cultural competence, and inclusive leadership to enhance awareness and foster a more inclusive workplace environment. Furthermore, I have served on various committees and boards focused on diversity and inclusion, where I have contributed my expertise to drive positive change and advocate for underrepresented groups. My combination of formal education, practical experience, and a demonstrated commitment to diversity and inclusion make me well-equipped to serve effectively on the EEOC board with the county. 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. Conflict of Interest and Certification Nicola Lopez 441 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: 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 Nicola Lopez 442 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. Nicola Lopez 443 ! ! !" # # $% & ' ( ! ! ! " ) # $% " & ! ! ! " '(( " ) ) # * ) " ( + $ % * 444 & , " ) # $% " !( ( .*" (7*" " 8 7 - ."(" !. ' + ! *- 98 . ! . /0 !( ( ( 3! 3 : " ) !. ' ) + ! . ! . /0 " ) !. 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( G 102 :":" & " * ( * " !( ; * (1?8F C+D,= ( 2(" ( 7 448 ECONOMIC OPPORTUNITY COUNCIL ROSTER AS OF 3/15/2024 Victor Benedict G Tiglao 1st Term Dec 12, 2023 to Jun 30, 2024 Position Low-Income Sector 4 Mattieu J Rogers 1st Term Oct 03, 2023 to Jun 30, 2024 Position Low-Income Sector Alternate 2 Renee Zeimer 4th Term Jul 01, 2020 to Jun 30, 2024 Position District II Public Sector Patricia J Campbell 1st Term Nov 08, 2022 to Jun 30, 2024 Position Private/Non-Profit Sector 1 Kanwar Singh 1st Term Feb 27, 2024 to Jun 30, 2025 Position District V Public Sector Karen Colman 1st Term Dec 12, 2023 to Jun 30, 2025 Position Private/Non-Profit Sector 2 LaTonia M Peoples-Stokes 1st Term Oct 17, 2023 to Jun 30, 2025 449 Position District III Public Sector Desire Medlen 2nd Term Oct 03, 2023 to Jun 30, 2025 Position Low-Income Sector 3 Devlyn Sewell 5th Term Oct 03, 2023 to Jun 30, 2025 Position Private/Non-Profit Sector 5 Monisha Merchant 4th Term Oct 03, 2023 to Jun 30, 2025 Position Private/Non-Profit Sector 4 Alison McKee – Resigned March 2024 2nd Term Oct 03, 2023 to Jun 30, 2025 Position Private/Non-Profit Sector 3 Ajit Kaushal 3rd Term Jul 01, 2023 to Jun 30, 2027 Position District IV Public Sector 450 Rodeo Renewed Community Benefit Fund FY 2024/25 Recommendations Attachment A Page 1 of 3 Organization Program/Project Description Recommended Amount Bay Front Chamber of Commerce The Bay Front Chamber of Commerce, which serves the unincorporated community of Rodeo, will utilize funds to develop and implement the Yiftee Program (also called the Rodeo Rewards program), a program that enables consumers to purchase gift cards that may be redeemed only at businesses in defined areas, in this case, Rodeo-based businesses. The proposed funds will be used to incentivize shoppers’ patronage of the Rodeo businesses by covering the costs of a $50 added value for every $100 gift card purchased. $25,000 Contra Costa County Library Upgrades to the libraries located in Rodeo and Crockett. Upgrades include new service desks, new tables, and new computers for the general public. The upgrades at each branch are estimated at $20,000 per branch. $40,000 Contra Costa County Dept. of Public Works The Public Works Department has conducted a needs assessment focused on community beautification and general visual enhancements for the community of Rodeo. Approximately $18,000 is required to plant boxed trees, make irrigation repairs, trim trees and smaller vegetation, graffiti removal, replace a damaged sidewalk, and install updated “Welcome to Rodeo” signage. $18,000 451 Rodeo Renewed Community Benefit Fund FY 2024/25 Recommendations Attachment A Page 2 of 3 Organization Program/Project Description Recommended Amount Crockett Chamber of Commerce Funds will be used for capacity building activities of the Chamber (such as the membership fee to join the California Main Street Association), to market Crockett to visitors through advertising (possibly including the purchase of billboard advertising), and costs associated with the hosting of community events. $25,000 Crockett Improvement Association Programs and services to clean up and beautify Crockett and engage the public in the work of the Association, including pet waste stations, debris boxes to support town clean-up days and brochures and/or other engagement. $5,000 John Swett Unified School District School safety enhancement activities to enhance the well-being of students, increased academic performance, positive community perception, reduction in crime rates, community engagement and collaboration. $121,000 New Horizons Development Center Funds are to support the operations of New Horizon's career services program. Specifically, the grant will partially fund a program manager, a GED instructor, a case manager, and a life skills coach. Funds will also cover required materials for various classes and workshops that are part of the program’s core operation. $125,000 452 Rodeo Renewed Community Benefit Fund FY 2024/25 Recommendations Attachment A Page 3 of 3 Organization Program/Project Description Recommended Amount Rodeo Youth Mentoring Program This grant will help provide an array of services including, but not limited to backpacks for students, holiday giveaways at Christmas and Easter, certified instructor stipends, program supplies, technical support, and telecommunications. $15,000 Total (Projects/Programs) $374,000 Contra Costa County Dept. of Conservation and Development General administration of the Phillips 66 Community Benefit Fund and contract management with funded agencies (up to 5% of total funds awarded to projects/programs). $18,700 Grand Total (Projects and Administration) $392,700 453 454 ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionFiscal Recovery Funds State & Local Fiscal Recovery Funds$130.2BContra Costa will receive $224M Fiscal Recovery Funds $2BThis only applies if a jurisdiction gets Payment in Lieu of taxes (PILT): Provides an additional $1.5 billion, split evenly over FY 2022 and 2023, for eligible revenue share counties (i.e., public land counties)Assistance to Individuals and FamiliesSupplemental Nutrition Assistance Program (SNAP) Administration$1.1B Pass through from the state for local SNAP administration and supplemental costs of running the programAssistance to Individuals and FamiliesSNAP 15% Benefit Extension $3.5B Extends the benefit increase through 9/30/2021Assistance to Individuals and FamiliesWomen, Infant, Child (WIC) Program $0.9BEmergency funds which will enhance benefits for four months plus $390 million of which will support outreach innovation and program modernization funding.Assistance to Individuals and FamiliesPandemic Electronic Benefits Transfer (EBT) $5.6BProvides +15% monthly SNAP benefits to low‐income children (including under 6 years old) who have lost access to free/reduced price meals at school or child care due to the pandemic; May not apply in CAAssistance to Individuals and FamiliesCommodity Supplemental Food Program $37M Funds supplementing low‐income, 60+ individuals with healthy food commoditiesAssistance to Individuals and FamiliesFamily Violence Prevention and Services $0.5B Formula grants may be available to counties for Domestic Violence hotlines and survivor support programsAssistance to Individuals and FamiliesCommunity‐based Child Abuse Prevention $0.3BThrough 9/30/2023; Going to state lead entities but may be available to counties through competitive sub‐awardsAssistance to Individuals and FamiliesPandemic Emergency Assistance $1.0B Targeted cash assistance supplementAssistance to Individuals and FamiliesOlder Americans Act (OAA) Programs $1.4BAdditional funds for nutrition, community support and ombudsperson services provided directly to local Area Agencies on Aging (Triple A)AMERICAN RESCUE PLAN ‐ FUNDING SUMMARY1/47/28/202112:03 PM455 ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYAssistance to Individuals and FamiliesElder Justice Act Programs $276M Funding through Federal FY 2022 to prevent elder fraud and abuseAssistance to Individuals and FamiliesEarly Childhood Home Visiting $150M States receive these funds and may subaward to county entities providing servicesAssistance to Individuals and FamiliesFamily Planning $50MFederal grant program providing low‐income and adolescent patients with essential family planning and preventative health services. County health departments are eligible applicants of these grants.Assistance to Individuals and FamiliesTenant‐Based Rental Assistance $5B Provides housing choice vouchers, with funds available through September 30, 2030.Assistance to Individuals and FamiliesHomelessness Assistance $5BProvides rental assistance, provides supportive services and development of affordable housing through acquisition or creation of non‐congregate shelter units. Funding will be allocated using the HOME Investment Partnerships Program.Assistance to Individuals and FamiliesEmergency Rental Assistance $21.6BProvides an additional round of funding for the Emergency Rental Assistance Program. Funding is distributed to counties with 200,000 residents or more, to help keep residents stably housed during the COVID‐19 pandemic.Education and ChildcareChild Care and Development Block Grants (CCDBG)$15B Administered by state in CA, but may be available as a subaward to countiesEducation and Childcare Child Care Entitlements to States $633MPermanent increase in funding to states and State match waiver through end of FFY 2022. These changes should make more money available to countiesEducation and ChildcareLow Income Household Drinking Water and Wastewater Assistance Program (LIHWAP)$4.5BCounty administered program has a flexible structure and can support household heating and cooling expenses, weatherization assistance, crisis assistance, and services such as counseling. Education and ChildcareLow Income Home Energy Assistance Program (LIHEAP)$0.5BFederal government is directing states to model LIHWAP after LIHEAP, it is possible that county governments functioning as a local LIHEAP agency will be responsible for administering this new program as well and may receive funds.Education and Childcare Head Start $1.0BEmergency funding to be distributed across existing Head Start agencies according to their share of total enrolled children.HealthCertified Community Behavioral Health Clinic Expansion Grant Program$420MGrants aimed to increase access to, and improve the quality of community mental and substance use disorder treatment through the expansion of CCBHCs2/47/28/202112:03 PM456 ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYHealth Youth Suicide Prevention Programs $20MCounties that are public organizations designated by a state to develop or direct the youth suicide early intervention and prevention strategy are eligible to receive funds.HealthCommunity Mental Health Services Block Grant$1.5BCounties may use block grant dollars to provide a range of services for adults and children with serious mental illnesses.HealthSubstance Abuse Prevention and Treatment Block Grant$1.5BFunding for county behavioral health authorities to serve vulnerable, low‐income populations, such as those with HIV/AIDS, pregnant and parenting women, youth and others by ensuring access to substance abuse services.HealthCommunity‐based Funding for Local Substance Use Disorder Services$30MProvides grants to local governments for community‐based overdose prevention programs, syringe services programs and other harm reduction services in light of increased pandemic related drug‐misuseHealthCommunity‐based Funding for Local Behavioral Health Needs$50MProvides grants to local governments to address increased community behavioral health needs worsened by the COVID‐19 pandemic.Health Project Aware $30MProvides grants, contracts and cooperative agreements to entities to advance wellness and resiliency in education.Health Community Health Centers$7.6BProvides grants to Federally Qualified Health Centers (FQHCs) to respond to the COVID‐19 pandemicHealth Public Health Workforce $7.66BProvides funding to establish, expand and sustain a public health workforce including grants to local public health departmentsHealth National Health Services Corps $800MProvides funding for the scholarship as well as federal and state loan repayment programs for the healthcare workforceHealth Nurse Corp$200MProvides funding for the federal loan repayment programs for nursesHealthMental and Behavioral Health Professionals Training$80MProvides funding for grants or contracts to local governments and other entities, to run training programs in strategies for reducing and addressing suicide, burnout, mental health conditions and substance use disorders among health care professionals.HealthGrants for Health Care Providers to Promote Mental and Behavioral Health$80MProvides funding to award grants or contracts to entities providing health care, including federal qualified health centers, to establish or expand programs to promote mental health among their providers and othersHealth Pediatric Mental Health Care Access $40MProvides funding to award grants to counties to promote behavioral health integration in pediatric primary care through the development and support pediatric mental health care telehealth access programsHealth Grants for Testing $47.8BProvides funding for COVID‐19 testing, contact tracing and mitigation activities. Note that this funding will be distributed to local jurisdictions through existing cooperative agreements3/47/28/202112:03 PM457 ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYHealth Grants for Vaccines $7.5BProvides funding for COVID‐19 vaccine activities. Note that this funding will be distributed to local jurisdictions through existing cooperative agreementsOther FEMA Disaster Relief Funds$50BProvides additional funds to meet the immediate needs of local governmentsOther Emergency Food and Shelter Program $400MLocal governmental entities that provided food, shelter and supportive services to people with economic emergencies services in their communities are eligible to apply for this supplemental fundingOtherEmergency Food and Shelter Program ‐ Humanitarian Relief$110MLocal governmental entities that provided food, shelter and supportive services to people with economic emergencies services in their communities are eligible to apply for this supplemental funding through the National Board for the Emergency Food and Shelter ProgramOther Assistance to Firefighter Grants (AFG)$100MFire agencies can apply for supplemental funds to purchase PPE for first respondersOtherStaffing for Adequate Fire and Emergency Response (SAFER) Grants$200MFunding for local fire and emergency response teams to help them increase or maintain the number of trained, "front line" firefighters available in their communitiesOther Emergency Management Performance Grants $100MGrant funding for local emergency management agencies for implementation of the National Preparedness System and works toward the National Preparedness Goal of a secure and resilient nation.OtherEconomic Development Assistance (EDA) Programs$3.0BLocal government is eligible to apply for the EDA program and can use the funding for economic recovery projects. 25% of the funds are reserved for communities that have suffered economic injury due to job losses in the travel, tourism or outdoor recreation sectors.Other Categorical Grants ‐ Air Pollution $50MLocal government can apply for grants and activities related to air quality monitoring and the prevention and control of air pollutionOtherEmergency Connectivity Fund for Libraries (and schools)$7.2BThis competitive grant funding provides a 100% reimbursement to schools and libraries for internet access and connected devices for students and teachers for remote learning and library services. 4/47/28/202112:03 PM458 DEPARTMENT:Countywide REPORTING PERIOD: CCC Department CFDA Federal Grantor Agency State Passthrough Agency Name (if any)Program Title Program Description Est. Federal Grant Allocation to County Federal Grant Allocation Received Federal Grant Allocation Expended CAO 21.027 U.S. Treasury N/A Coronavirus State and Local Fiscal Relief Fund (CSLFRF) $350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVID-19 emergency and its economic impacts. Eligible expenses include • Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; • Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector; • Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; • Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and, • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. $ 224,058,903 $ 224,058,903 $ 182,686,532 CAO 21.023 U.S. Treasury N/A Emergency Rental Assistance Program (ERAP) 2 - Federal Direct Allocation ERA2 payments are made directly to states, U.S. territories and local governments with more than 200,000 residents. ERA2 sets aside $2.5 billion for eligible grantees with a high need for ERA2 assistance, based on the number of very low-income renter households paying more than 50 percent of income on rent or living in substandard or overcrowded conditions, rental market costs, and change in employment since February 2020. At least 90 percent of awarded funds must be used for direct financial assistance, including rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing. Remaining funds are available for housing stability services, including case management and other services intended to keep households stably housed. ERA2 funds generally expire on September 30, 2025. $ 38,941,950 $ 38,941,950 $ 38,941,950 CAO 21.023 U.S. Treasury California Housing and Community Development Department Emergency Rental Assistance Program (ERAP) 2 - State Subrecipient Allocation ERA2 payments are made directly to states, U.S. territories and local governments with more than 200,000 residents. ERA2 sets aside $2.5 billion for eligible grantees with a high need for ERA2 assistance, based on the number of very low-income renter households paying more than 50 percent of income on rent or living in substandard or overcrowded conditions, rental market costs, and change in employment since February 2020. At least 90 percent of awarded funds must be used for direct financial assistance, including rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing. Remaining funds are available for housing stability services, including case management and other services intended to keep households stably housed. ERA2 funds generally expire on September 30, 2026 $ 32,663,062 $ 32,663,062 $ 32,663,062 FINANCIAL INFORMATION PROGRAM INFORMATION AMERICAN RESCUE PLAN ATTACHMENT BQUARTERLY REPORT FY 2023/24 - Q3 (period ending March 31, 2024) 1/4 5/29/20244:43 PM 459 DEPARTMENT:Countywide REPORTING PERIOD: CCC Department CFDA Federal Grantor Agency State Passthrough Agency Name (if any)Program Title Program Description Est. Federal Grant Allocation to County Federal Grant Allocation Received Federal Grant Allocation Expended FINANCIAL INFORMATION PROGRAM INFORMATION AMERICAN RESCUE PLAN ATTACHMENT BQUARTERLY REPORT FY 2023/24 - Q3 (period ending March 31, 2024) CAO 21.032 U.S. Treasury N/A Local Assistance and Tribal Consistency Fund The Local Assistance and Tribal Consistency Fund provides flexible support for eligible revenue sharing counties and eligible Tribal governments to meet their jurisdiction’s needs. Specifically, the statute directs that recipients may use funds for any governmental purpose other than a lobbying activity. As a general matter, recipients may treat these funds in a similar manner to how they treat funds generated from their own revenue. Programs, services, and capital expenditures that are traditionally undertaken by a government are considered to fulfill a “governmental purpose.” For Tribal governments, investing in activities undertaken by Tribal enterprises, such as operating or capital expenditures for businesses that are owned or controlled by a Tribal government, are considered a governmental purpose. $ 100,000 $ 100,000 $ - ConFire 97.083 Federal Emergency Management Agency (FEMA)N/A FY 2021 SAFER (Staffing for Adequate Fire and Emergency Response) Grant Funding for local fire and emergency response teams to help them increase or maintain the number of trained, "front line" firefighters available in their communities. $ 7,548,363 $ 1,002,814 $ 3,090,679 EHSD 93.600 Administration for Children & Families-Office of Head Start N/A Head Start American Rescue Plan (ARP): Fiscal Year 2021 funding increase for Head Start grantees to support program work toward full re-opening of in-person comprehensive services as local health guidance allows. Federal allocation is $1 billion. $ 2,881,131 $ 2,881,131 $ 1,685,141 EHSD 93.568 Administration for Children & Families-Office of Community Services California Department of Community Services & Development Low Income Home Energy Assistance Program (LIHEAP) Provides $4.5 billion in emergency LIHEAP funds to remain available until September 30, 2022. $ 4,692,311 $ 4,692,311 $ 4,662,013 EHSD 95.053 Health and Human Services - Administration for Community Living (ACL) California Department of Aging Emergency Older Americans Act (OAA) Program Funding Provides $1.43 billion in emergency OAA funding, including $750 million for senior nutrition programs, $460 million for home-and-community-based support services, $45 million for disease prevention, $10 million for the long-term care ombudsman program and $145 million in assistance for grandparents caring for grandchildren. $ 3,810,565 $ 3,810,565 $ 1,657,587 EHSD 93.747 Health and Human Services - Administration for Community Living (ACL) California Department of Social Services Elder Justice Act Programs Provides at least $188 million for the Elder Justice Act in both FY 2021 and FY 2022, and $88 million for grants to public transit systems to improve transportation access for older adults and people with disabilities. $ 15,381 $ 15,381 $ 7,500 EHSD 93.591 Health and Human Services - Administration for Children & Families-Family and Youth Services Bureau CalOES Family Violence Prevention and Services Act (FVPSA) Program Supplemental Grants $450 million Federal funds allocated. Will provide 296 supplement grant awards to states, territories, tribes and local domestic violence organizations to respond to domestic violence. While counties are ineligible to receive direct allocations through the FVPSA program, they may receive funding through their state. TBD $ - $ - EHSD 93.590 Health and Human Services - Administration for Children & Families-Children's Bureau California Department of Social Services Community Based Child Abuse Prevention (CBCAP) and Child Abuse Prevention Treatment Act (CAPTA) Supplemental Funding $25 Million Federal Funds allocated. Counties and tribes with Title IV-E agreement with state opt-in to the ARPA-CBCAP suplemental funding, a one-time allocation that can be spent through September 30, 2025 without a requirement for non-federal matching fund for child abuse prevention direct services and planing activites. $ 522,976 $ 522,976 $ - EHSD 93.575 Administration for Children & Families -Office of Childcare California Department of Social Services Child Care Development Block Grant (CCDBG) ARPA provides a total of nearly $39 billion in emergency funds for the Child Care Community Block Grant (CCDBG), of which nearly $15 billion is for child care subsidies through FY 2024. The remaining $24 billion will be available to states to make stabilization subgrants directly to child care providers to assist in maintaining operations. TBD $ - $ - EHSD 93.596 Administration for Children & Families -Office of Childcare California Department of Social Services Child Care Slots / Child Care Stabilization Funds Increases child care access by 206,500 slots in Alternative Payment, General Child Care, Migrant Child Care, bridge program for foster children, and prioritizes ongoing vouchers for essential workers currently receiving short-term child care. Potential increase in the standard reimbursement rate and regional market rate ceilings. Two one time stipends will be issued out to providers: the first will be $600 per child using March 2021 enrollment and the second will be based on facility type and licensing capacity. Stipends are to be used to support with COVID-19 pandemic relief, and, in the case of decreased enrollment or closures, to support child care providers and state preschool programs in remaining open or reopening. Budget to also include a hold harmless clause for all State Programs. Federal allocation is $24 billion. TBD $ - $ - EHSD 93.568 Administration for Children & Families-Office of Community Services California Department of Community Services & Development Low-Income Household Drinking Water and Wastewater Emergency Assistance Program (LIHWAP) Created under the FY 2021 Omnibus to assist with payments for drinking water and wastewater expenses. Federal allocation is $500 million. $ 1,989,789 $ 1,989,789 $ 1,961,617 EHSD 93.558 Administration for Children & Families-Office of Family Assistance California Department of Social Services Temporary Assistance for Needy Families (TANF) Pandemic Emergency Assistance Fund Provides $1 billion in short-term targeted aid (cash assistance or otherwise) to families in crisis. States will receive funds based on their population's share of children and portion of prior TANF expenditures dedicated to cash assistance. $ 3,721,600 $ 3,721,600 $ 3,721,600 2/4 5/29/20244:43 PM 460 DEPARTMENT:Countywide REPORTING PERIOD: CCC Department CFDA Federal Grantor Agency State Passthrough Agency Name (if any)Program Title Program Description Est. Federal Grant Allocation to County Federal Grant Allocation Received Federal Grant Allocation Expended FINANCIAL INFORMATION PROGRAM INFORMATION AMERICAN RESCUE PLAN ATTACHMENT BQUARTERLY REPORT FY 2023/24 - Q3 (period ending March 31, 2024) EHSD 93.747 Health and Human Services - Administration for Community Living (ACL) California Department of Social Services Elder Abuse Prevention Interventions Program Funds are available for county expenditure between August 1, 2021 and September 30, 2023. While maximum flexibility is afforded to the counties in determining how they will spend the funds, counties are advised to exercise judgement consistent with the Elder Justice Act Section 2042(b); Section 9301 of the ARPA of 2021; and guidance provided by the federal Administration for Community Living. Based on ACL No. 22-07, examples of how to spend the allocation noted in the Federal Register Notice include:•Establishing or enhancing the availability for elder shelters and other emergency,short-term housing and accompanying “wrap-around” services; •Establishing, expanding, or enhancing state-wide and local-level elder justicenetworks; •Working with tribal APS efforts; •Improving or enhancing existing APS processes; •Improving and supporting remote work; •Improving data collection and reporting at the case worker, local, and state levelsin a manner that is consistent with the National Adult Maltreatment ReportingSystem; •Establishing new, or improving existing processes for responding to allegedscams and frauds; •Community outreach; •Providing goods and services to APS clients; •Acquiring personal protection equipment and supplies; •Paying for extended hours/over-time for staff, hiring temporary staff, andassociated personnel costs; •Training; •Assisting APS clients to secure the least restrictive option for emergency oralternative housing, and with obtaining, providing, or coordinating with caretransitions as appropriate. $ 406,037 $ 406,037 $ - HSD 93.224 Health Resources and Services Administration (HRSA), U.S. Department of Health and Human Services (HHS) N/A American Rescue Plan Act Funding for Health Centers Appropriates funds to the Department of Health and Human Services (HHS) to be distributed to community health centers for: • Vaccine planning, preparation, distribution, and tracking • COVID-19 testing, monitoring, and contract tracing, including mobile testing and vaccinations • Health care workforce expansion • Health care services and infrastructure modification • Community outreach related to COVID-19 $ 3,355,250 $ 3,355,250 $ 3,355,250 HSD 93.958 Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (HHS) CA Department of Health Care Services (DHCS) Community Mental Health Services Block Grant (MHBG) Appropriates funds to HHS for Substance Abuse and Mental Health Services Administration (SAMHSA) block grants to states for community mental health services. Period covered is September 1, 2021 through June 30, 2025. $ 2,597,143 $ 743,029 $ 1,029,334 HSD 93.959 Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (HHS) CA Department of Health Care Services (DHCS) Substance Abuse Prevention and Treatment Block Grant (SABG) Appropriates funds to HHS for Substance Abuse and Mental Health Services Administration (SAMHSA) block grants to states for SUD programs. States will have some discretion in how funds are expended consistent with federal block grant requirements, and may choose to utilize some dollars consistent with existing block grant programs/services while allocating other dollars to new or one-time activities and priorities. All expenditures are subject to approval by SAMHSA. $ 2,508,139 $ 1,133,961 $ 1,457,799 HSD 93.354 Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS) CA Department of Public Health (CDPH)Public Health Workforce Appropriates funds to CDC to support 21st century outbreak response needs by: 1. Expanding and enhancing frontline public health staff 2. Conducting DIS workforce training and skills building 3. Building organizational capacity for outbreak response 4. Evaluating and improving recruitment, training, and outbreak response efforts Funds will be made available during the two-year budget period and period of performance (July 1, 2021 to June 30, 2023). $ 1,910,858 $ 1,940,854 $ 1,910,854 3/4 5/29/20244:43 PM 461 DEPARTMENT:Countywide REPORTING PERIOD: CCC Department CFDA Federal Grantor Agency State Passthrough Agency Name (if any)Program Title Program Description Est. Federal Grant Allocation to County Federal Grant Allocation Received Federal Grant Allocation Expended FINANCIAL INFORMATION PROGRAM INFORMATION AMERICAN RESCUE PLAN ATTACHMENT BQUARTERLY REPORT FY 2023/24 - Q3 (period ending March 31, 2024) HSD 93.498 Health Resources and Services Administration (HRSA), U.S. Department of Health and Human Services (HHS) N/A Provider Relief Fund - American Rescue Plan (ARP) Rural Distribution Appropriates funds to the Department of Health and Human Services (HHS) to be distributed to providers and suppliers who have served rural Medicaid, Children's Health Insurance Program (CHIP), and Medicare beneficiaries from January 1, 2019 through September 30, 2020. ARP Rural is intended to help address the disproportionate impact that COVID-19 has had on rural communities and rural health care providers. $ 133,362 $ 133,362 $ 133,362 HSD 93.527 Health Resources and Services Administration (HRSA), U.S. Department of Health and Human Services (HHS) N/A HHS Bridge Access Program For COVID-19 Vaccines and Treatments Appropriates funds to the Department of Health and Human Services (HHS) to maintain broad access to COVID-19 vaccines for millions of uninsured Americans. The program has two major components: • First, provide support for the existing public sector vaccine safety net, which is implemented through local health departments (LHDs) and Health Resources and Services Administration (HRSA) supported health centers. • Second, create a novel, funded partnership with pharmacy chains that will enable them to continue offering free COVID-19 vaccinations and treatments to the uninsured through their network or retail locations as has been done during the COVID-19 Public Health Emergency (PHE). Period covered is September 01, 2023 through December 31, 2024. $ 14,526 $ 14,526 $ 14,526 DCD 14.239 U.S Department of Housing and Urban Development N/A HOME-ARP: HOME Investment Partnerships American Rescue Plan Program Assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non- congregate shelter, to reduce homelessness and increase housing stability. HOME-ARP funds can be used for four eligible activities: production or preservation of affordable housing; tenant- based rental assistance; supportive services, homeless prevention services, and housing counseling; purchase and development of non-congregate shelter. $ 12,090,215 $ 12,090,215 $ 92,953 $ 343,961,561 $ 334,217,716 $ 279,071,759 as % 97.2%81.1% 4/4 5/29/20244:43 PM 462 INFRASTRUCTURE, INVESTMENTS AND JOBS ACT (IIJA)DEPARTMENT:Countywide REPORTING PERIOD: CCC Department CFDA Federal Grantor Agency State Passthrough Agency Name (if any)Program Title Program Description Federal Share County Match Federal Share County Match Federal Share County Match PW Federal Highway Administration (FHWA)–Rebuilding American Infrastructure with Sustainability and Equity San Pablo Dam Road Rehabilitation: Roadway embankment stabilization and pavement rehabilitation along several segments of San Pablo Dam Road. Project awards announced on June 28, 2023. Application not awarded. $ 16,825,000 $ - $ - $ - $ - $ - PW Federal Highway Administration (FHWA) California Department of Transportation Highway Safety Improvement Program Countywide Guardrail Upgrades – Phase 2: This project proposes to upgrade existing guardrails along arterials, collectors, and local roads at various locations countywide. This project is a continuation of systemically upgrading all guardrails in the unincorporated County. Areas under consideration for this project are: West County, Saranap, Alamo, and South Walnut Creek. These guardrails have been selected to assure cost effectiveness. $ 999,990 $ 493,710 $ 999,990 $ 493,710 $ - $ - PW Federal Highway Administration (FHWA) California Department of Transportation Highway Safety Improvement Program Appian Way at Fran Way Pedestrian Crosswalk Enhancements: This project proposes to upgrade the existing crosswalk at the intersection of Appian Way and Fran Way in unincorporated El Sobrante. $ 249,840 $ 260,960 $ 249,840 $ 260,960 $ - $ - PW Federal Highway Administration (FHWA) California Department of Transportation Highway Safety Improvement Program Walnut Boulevard Bike Safety Improvements: This project will improve bicyclist safety by widening the roadway shoulder for the southbound direction along approximately 850 feet of Walnut Boulevard between the intersections of Marsh Creek Road and Vasco Road in unincorporated Brentwood. $ 249,415 $ 900,585 $ 249,415 $ 900,585 $ - $ - PW Federal Highway Administration (FHWA) California Department of Transportation Highway Safety Improvement Program Byron Highway Safety Improvements: This project proposes to construct safety improvements along Byron Highway between Clifton Court Road and Bruns Road. Improvements such as street lighting, edgeline rumble strips and curve advance warning flashing beacons are being considered. $ 1,316,520 $ 146,280 $ 1,316,520 $ 146,280 $ 64,538 $ 7,171 PW Federal Highway Administration (FHWA) California Department of Transportation Highway Safety Improvement Program Vasco Road Safety Improvements: This project proposes to install safety improvements along Vasco Road between Walnut Boulevard and Camino Diablo in unincorporated Brentwood. These improvements include constructing a 0.75-mile-long no-passing zone with median striping, centerline rumble strip, and delineators along the Vasco Road median. $ 715,050 $ 79,450 $ 715,050 $ 79,450 $ - $ - PW Federal Highway Administration (FHWA) California Department of Transportation Highway Safety Improvement Program Deer Valley Road Traffic Safety Improvements: This project proposes to install safety improvements along several of the horizontal roadway curves of Deer Valley Road where severe collisions have occurred. Improvements such as curve advance warning signs and widening shoulders will be used. $ 1,125,810 $ 125,090 $ 1,125,810 $ 125,090 $ 45,926 $ 5,103 PW Federal Highway Administration (FHWA) California Department of Transportation Transportation Alternatives/Active Transportation Program San Pablo Avenue Complete Street/Bay Trail Gap Closure: This project proposes to implement a road diet and construct a Class I shared-use path along the San Francisco Bay Trail. $ 10,517,000 $ 1,200,000 $ 10,517,000 $ 1,200,000 $ 20,053 $ - PW Federal Highway Administration (FHWA) California Department of Transportation Transportation Alternatives/Active Transportation Program Pacifica Avenue Safe Routes to School: Reconfigure Pacifica Avenue to install a two-way cycle track, new and widened sidewalks, bulb-outs, and raised crosswalks from Intel Drive to Port Chicago Highway. $ 3,902,000 $ 440,000 $ 3,902,000 $ 440,000 $ 27,605 $ - PW Federal Highway Administration (FHWA) California Department of Transportation Bridge Investment Program/Highway Bridge Program Marsh Creek Road Bridge Replacement (Bridge No. 28C143 & 28C145) $ 14,268,379 $ 3,671,629 $ 14,268,379 $ 3,671,629 $ 9,756,813 $ 1,264,099 PW Federal Highway Administration (FHWA) California Department of Transportation Bridge Investment Program/Highway Bridge Program Byron Highway Bridge Replacement over California Aqueduct (Bridge No. 28C0121) $ 19,870,559 $ 1,791,030 $ 19,870,559 $ 1,791,030 $ 1,940,634 $ 251,430 PW Federal Highway Administration (FHWA) California Department of Transportation Bridge Investment Program/Highway Bridge Program Del Monte Drive Bridge Painting and Poly Overlay (Bridge No. 28C0207) $ 793,000 $ 374,000 $ 793,000 $ 374,000 $ - $ - PW Federal Highway Administration (FHWA) California Department of Transportation Bridge Investment Program/Highway Bridge Program Freeman Road and Briones Valley Road Bridge Maintenance $ 723,000 $ 217,000 $ 723,000 $ 217,000 $ - $ - PW Federal Highway Administration (FHWA) California Department of Transportation Bridge Investment Program/Highway Bridge Program Second Avenue Bridge Replacement (Bridge No. 28C0383) $ 7,108,000 $ 1,262,000 $ 7,108,000 $ 1,262,000 $ - $ - PW Federal Emergency Management Agency (FEMA) California Office of Emergency Services (CalOES) Building Resilient Infrastructure and Communities 2020 Grayson/Walnut Creek Levee Improvement at CCCSD Treatment Plant: (FC is co-applicant with CCCSD). Application is in review. $ 2,465,235 $ 405,674 Award pending Award pending TBD TBD PW US Army Corps of Engineers (USACE)-Section 1135 – Project Modifications for Improvement of the Environment Wildcat / San Pablo Creeks Ecosystem Restoration: Application is ongoing. Needs local match source. $ 15,363,000 $ 1,500,000 Award pending Award pending TBD TBD PW US Army Corps of Engineers (USACE)-Section 1135 – Project Modifications for Improvement of the Environment Pinole Creek Habitat Restoration: Application is ongoing. Needs local match source. $ 8,000,000 $ 750,000 Award pending Award pending TBD TBD PW US Army Corps of Engineers (USACE)-Section 1135 – Project Modifications for Improvement of the Environment Rodeo Creek Habitat Restoration: Application is ongoing. Needs local match source. $ 13,949,000 $ 450,000 Award pending Award pending TBD TBD Application Amount Grant Award Amount Amount Expended DEPARTMENT IMPACT WORKSHEET FY 2023/24 - Q3 (period ending March 31, 2024)ATTACHMENT C PROGRAM INFORMATION FINANCIAL INFORMATION 463 INFRASTRUCTURE, INVESTMENTS AND JOBS ACT (IIJA)DEPARTMENT:Countywide REPORTING PERIOD: CCC Department CFDA Federal Grantor Agency State Passthrough Agency Name (if any)Program Title Program Description Federal Share County Match Federal Share County Match Federal Share County Match Application Amount Grant Award Amount Amount Expended DEPARTMENT IMPACT WORKSHEET FY 2023/24 - Q3 (period ending March 31, 2024)ATTACHMENT C PROGRAM INFORMATION FINANCIAL INFORMATION PW US Army Corps of Engineers (USACE)-Section 1135 – Project Modifications for Improvement of the Environment Rheem Creek Habitat Restoration: Application is ongoing. Needs local match source. $ 6,990,000 $ 400,000 Award pending Award pending TBD TBD PW US Environmental Protection Agency (EPA)State Water Board State Water Quality Improvment Fund Clean Watersheds for All County-wide underserved communities GSI and water quality improvements. $ 1,000,000 $ - $ 1,000,000 $ - $ - $ - PW Federal Highway Administration (FHWA)-Charging and Fueling Infrastructure Program Contra Costa County EV4All Project - installation and deployment of 60 Level 2 chargers and 52 Direct Current Fast Chargers at 15 Contra Costa County Library sites. Five percent (5%) of the requested award will support outreach and education activities. Project awarded. $300,000 earmarked for County admin costs. $ 14,999,200 $ - $ 14,999,200 $ - $ - $ - PW Federal Highway Administration (FHWA) California Department of Transportation Transportation Alternatives/Active Transportation Program Appian Way Pedestrian Crossing Enhancements: The project will construct pedestrian crossing safety enhancements and sidewalk improvements at five uncontrolled crosswalks to improve pedestrian safety and multi-modal access along Appian Way. Project not awarded. A portion of the project was awarded Highway Safety Improvement Program funding. $ 3,265,000 $ 51,000 $ - $ - N/A N/A PW Federal Highway Administration (FHWA) California Department of Transportation Transportation Alternatives/Active Transportation Program Carquinez Middle School Trail Connection: The project will construct multi- modal, ADA-compliant path along Crockett Boulevard to access two schools and close a gap in a regional trail. Install pedestrian crossing improvements. Project not awarded. $ 4,459,000 $ 409,000 $ - $ - N/A N/A PW Federal Highway Administration (FHWA) California Department of Transportation Transportation Alternatives/Active Transportation Program 4th Street Crosswalk Enhancements: The project will construct bulb-outs, close a sidewalk gap, upgrade sub-standard sidewalks, install RRFBs and new high-visibility crosswalks at three intersections on Fourth Street Project not awarded. $ 1,576,000 $ - $ - $ - N/A N/A PW Federal Highway Administration (FHWA) California Department of Transportation Transportation Alternatives/Active Transportation Program Market Avenue Complete Street: The project will construct widened and ADA-accessible sidewalks, ADA-compliant curb ramps, curb extensions, shared-lane bicycle markings, and narrow travel lanes along 0.3 miles of Market Avenue. Project not awarded. $ 3,437,000 $ 60,000 $ - $ - N/A N/A PW Federal Highway Administration (FHWA) California Department of Transportation Highway Safety Improvement Program Camino Diablo Safety Improvements: This project proposes to install street lighting and rumble stripes along Camino Diablo Road between Vasco Road and McCabe Drive. Project not awarded. $ 890,460 $ 98,940 $ - $ - N/A N/A PW Federal Highway Administration (FHWA) California Department of Transportation Highway Safety Improvement Program Camino Tassajara Street Lighting Improvements: This project proposes to install street lighting at various locations along Camino Tassajara between Finley Road and Windemere Parkway. Project not awarded. $ 1,221,840 $ 135,760 $ - $ - N/A N/A PW Federal Highway Administration (FHWA)– Safe Streets and Roads for All San Pablo Avenue Complete Street/Bay Point Trail Gap Closure: Project not awarded. This project was awarded Active Transportation Program funding. $ 9,484,184 $ 2,371,046 $ - $ - N/A N/A PW Federal Highway Administration (FHWA)–Rebuilding American Infrastructure with Sustainability and Equity San Pablo Avenue Complete Street/Bay Point Trail Gap Closure: Project not awarded. This project was awarded Active Transportation Program funding. $ 8,122,790 $ - $ - $ - N/A N/A 464 INFRASTRUCTURE, INVESTMENTS AND JOBS ACT (IIJA)DEPARTMENT:Countywide REPORTING PERIOD: CCC Department CFDA Federal Grantor Agency State Passthrough Agency Name (if any)Program Title Program Description Federal Share County Match Federal Share County Match Federal Share County Match Application Amount Grant Award Amount Amount Expended DEPARTMENT IMPACT WORKSHEET FY 2023/24 - Q3 (period ending March 31, 2024)ATTACHMENT C PROGRAM INFORMATION FINANCIAL INFORMATION PW Federal Highway Administration (FHWA)– Safe Streets and Roads for All Vision Zero Tier One Implementation Project: This project combination of five individual projects countyside, including: (1) San Pablo Dam Rd and Valley View Rd Intersection Improvements; (2) Danville Blvd Complete Streets; (3) Marsh Creek Rd Safety Improvements; (4) Camino Diablo and Vasco Rd Intersection Improvements; and (5) Byron Hwy Safety Improvements. All five components are identified as Tier One projects on the County's Vision Zero Action Plan. Project not awarded. $ 9,043,000 $ 2,261,000 $ - $ - N/A N/A PW Federal Highway Administration (FHWA)– Rural and Tribal Assistance Pilot Program Vasco Road Corridor Safety Improvements: This project proposes to study the Vasco Road corridor and propose countermeasures to safety concerns. The grant opportunity would fund a feasibility study and reimburse consultant time. Project awarded. $ 320,000 $ - $ 320,000 $ - $ - $ - PW US Environmental Protection Agency (EPA)–San Francisco Bay Water Quality Improvement Fund Wildcat Creek Fish Passage Implementation $ 1,800,000 $ 1,883,371 $ 1,800,000 $ 1,883,371 $ - $ - PW US Environmental Protection Agency (EPA)–Clean Watersheds for All Water Quality Improvement Fund $1 M grant Clean watersheds in underserved communities throughout Contra Costa County $ 1,000,000 $ - $ 1,000,000 $ - $ - $ - PW US Environmental Protection Agency (EPA)–Regional Watching Our Waterways Trash Water Quality Improvement Fund $3.6 M Receiveing water monitoring in waterbodies in Contra Costa, Alameda, San Mateo, and Santa Clara County 50% local match. San Mateo CCAG is lead. Trash receiving water monitoring, anti-littering outreach, and enhancement of regional partnerships. $ 3,600,000 $ - $ 3,600,000 $ - $ - $ - PW US Environmental Protection Agency (EPA)–San Francisco Bay Water Quality Improvement Fund, FY 2023 Restoring Wildcat Creek: Community-Led Watershed Health Update and Priority Project Implementation In partnership with SFEP, UT, TWP, EBRPD, WCWD, TU, SPCWC, WRE, WRI, CUSP, CCCWA, and Greenbelt Alliance $ 2,376,000 $ - $ 2,376,000 $ - $ - $ - $ 192,025,272 $ 21,737,525 $ 86,933,763 $ 12,845,105 $ 11,855,570 $ 1,527,802 465 CCM Date: May 1, 2024 MEC Date: May 20,2024 A. Provisional Appointments - Medical Staff & Allied Health Applicant Department/ Speciality Baughman, Sherilyn MD IM/Dermatology Bone, Samuel MD Diagnostic Imaging Chong, Deborah MD OB/GYN Curtis, Brett MD DFAM David, Miriam, MD Diagnostic Imaging Glick, Stephanie MD DFAM Gravesandy Vassall, Moremi MD Psychiatry/Psychology Harris, Liam MD Surgery-Ortho Johal-Morales, Jacqueline MD DFAM Kudisch, Marc MD IM/Gastro Manandhar, Manabu, DDS Dental McCorvey, Barbara, MD Diagnostic Imaging Moazazi, Mathilde MD Emergency Medicine Ratcliff, Stephannie MD DFAM Sheel, Sanjiv MD Diagnostic Imaging Strozier, Stephanie, FNP DFAM Sussman, Arlene MD Diagnostic Imaging Wong, Waikeong MD Diagnostic Imaging B. Staff Advancing to Non-Provisional Provider Department Staff Category Cubillos-Torres, Esteban, MD Emergency Medicine Active Hogenboom, Jeanette, FNP DFAM Allied Khan, Imran, MD Pediatrics Courtesy Paley, Matthew, DO Psychiatry/Psychology Courtesy Richardson, Emma, MD DFAM Active Sanders, Timothy, MD Pediatrics Courtesy Singh, Aman, MD Psychiatry/Psychology Courtesy C. Reappointments - Medical Staff & Allied Health Provider Department Staff Category Alingog, Karen, MD DFAM Active 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 QUALITY MANAGEMENT Confidential Peer Review Section 1157 Protected 1466 Bhandari, Vijay, MD Hospital Medicine Active Doctorvaladan, Sahar, MD OB/GYN Active Eipper, Jordan, MD Psychiatry/Psychology Active Gandhi, Shailesh, MD Psychiatry/Psychology Active Gutierrez, Matthew, MD Hospital Medicine Active Hummos, Ali, Md Psychiatry/Psychology Active Kaji, Troy, MD DFAM Active Katzman, Kenneth, MD DFAM Active Kerbawy, Sofia, MD Pediatrics Active Kompaniez, Kari, MD Hospital Medicine Active Lawton, Christopher, MD Diagnostic Imaging Courtesy Longstroth, David, MD Hospital Medicine Active Magargal, Spencer, MD Pediatrics Courtesy Mokhtare, Shahrzad, MD DFAM Active Molnar, Esther, MD Internal Medicine Courtesy Nicholas, Zachary, MD DFAM Provisional Niemeyer, Patricia, MD Diagnostic Imaging Active Parvin, Nilofar, DDS Dental Active Patel, Keval, MD DFAM Provisional Poursartip, Maryam, MD DFAM Active Ristow, Bryan, MD Internal Medicine Active Romito, Leah, MD DFAM Active Singh, Harshjit, MD DFAM Active Stout, Eric, DO DFAM Provisional Sun, Xingbo, DPM Surgery Active Takekuma, Hiromi, DO Internal Medicine Courtesy Thomas, Renee, MD Pathology Provisional Urcuyo, Sergio, MD Critical Care Active Walker, William, MD DFAM ADMIN Wrone, Eilzabeth, MD Internal Medicine Courtesy Zaka, Jamal, MD Internal Medicine Courtesy D. Department Change Provider Department NONE E. Resignation/Terminations/Non-Renewals Provider Department Resignation Date Bello, Jessica, LM OB/GYN Contract Expired – 5.31.2024 Dulan, Nilka, CNM OB/GYN Contract Expired – 5.31.2024 QUALITY MANAGEMENT Confidential Peer Review Section 1157 Protected 2467 Jett, Margaret, DO Pediatrics Voluntary Resignation – 5.31.2024 Morrissey, Ellen, MD Internal Medicine Voluntary Resignation - 5.31.2024 Neal, Molly, NP OB/GYN Contract Expired – 5.31.2024 Portman, William, MD Psychiatry/Psychology Voluntary Resignation – 5.1.2024 Villa, Catalina, MD Psychiatry/Psychology TBH Contract expired - 4.26.2024 Williams, Cynthia, CNM OB/GYN Contract Expired – 5.31.2024 Wyrobek, Sonya, CNM OB/GYN Contract Expired – 4.04.2024 QUALITY MANAGEMENT Confidential Peer Review Section 1157 Protected 3468 Contra Costa Health Plan Providers Approved by Medical Director May 9, 2024 CREDENTIALING PROVIDERS MAY 2024 Name Specialty Borromeo, Christian, BCBA, MA Qualified Autism Provider Bradshaw, Jamison, DO Psychiatry Curry, Laura, MFT Mental Health Therapist/Counselor Frazier, Louisa, PA Mid-level - Family Medicine Gerstel, Alayna, BCBA, MA Qualified Autism Provider Goettsch, Debra, PA Urgent Care Hawkins, Mitzi, MD Obstetrics And Gynecology Lopez, Benjamin, PA Wound Care McAlear, Matthew, BCBA Qualified Autism Provider Nadhan, Kumar, MD Dermatology Meliala, Anjelica, BCBA, MS Qualified Autism Provider Padula, Ana Maria, MD Internal Medicine Singh, Rajinder, RD Dietitian Tipton, Cheyenne, BCBA Qualified Autism Provider Yun, Lydia, DPM Podiatry Zwerling, Blake, MD OBGYN RECREDENTIALING PROVIDERS MAY 2024 Name Specialty Aboelata, Noha, MD Family Medicine Bain, Elyse, BCBA Qualified Autism Provider Bansal, Raghunath, MD Psychiatry Bernett, Jorge, MD Infectious Disease Chen, William, MD Internal Medicaine/Allergy & Immunology Chin, Daniel, OD Optometry Curzi, Mario, MD Nephrology Decena, Danilo, BCBA Qualified Autism Provider Dorski, Maria, RBT, DC, BS Qualified Autism Provider Gauvin, Jean, MD Psychiatry Milne, Lawrence, MD Surgery - General Nguyen, Tung, OD Optometry Noorani, Ghulam, MD Psychiatry Reinheimer, Emily, BCBA Qualified Autism Provider Sharma, Konark, MD Infectious Disease Spence, Rebecca, NP Pediatrics 469 Contra Costa Health Plan Providers Approved by Medical Director May 9, 2024 RECREDENTIALING PROVIDERS MAY 2024 Name Specialty Siguenza, Merari, BCBA, MS Qualified Autism Provider Terzich-Garland, Brenda, BCBA Qualified Autism Provider Turner, Richard, MD Urgent Care Ueda, Mari, BCBA Qualified Autism Provider Weingarten, Robert, MD Urgent Care RECREDENTIALING ORGANIZATIONAL PROVIDERS MAY 2024 Name Provide the Following Services Location Bellaken Skilled Nursing Center Skilled Nursing Facility Oakland Berkeley Pines Skilled Nirsing Facility Skilled Nursing Facility Berkeley Choice in Aging - The Bedford Center Community - Based Adult Services Antioch Choice in Aging - Mt Diablo Center Adult Day Healthcare Pleasant Hill Davita - Carquines Dialysis Dialysis Vallejo Davita - Fairfield Dialysis Center Dialysis Fairfield Davita - South Hayward Dialysis Dialysis Hayward Davita - Walnut Creek at Home Dialysis Walnut Creek La Casa Via Transitional Care Center Skilled Nursing Facility Walnut Creek Lifeguard Hospice Care, Inc Hospice Pleasanton Marina Garden Nursing Center Skilled Nursing Facility Alameda Pittsburg Skilled Nursing Center Skilled Nursing Facility Pittsburg San Jose Dental Surgery Center Outpatient Surgery San Jose Sutter Care at Home - San Francisco Home Health San Francisco Sutter Visiting Nurse Assoc. & Hospice Hospice Outpatient San Francisco bopl-May 9, 2024 470 POSITION ADJUSTMENT REQUEST NO. 26257 DATE 1/3/2024 Department No./ Department Clerk-Recorder-Elections Budget Unit No. 0043 Org No. 2353 Agency No. 24 Action Requested: Adopt Position Adjustment Resolution No. 26257 to add two (2) Elections Outreach Specialist (EBHA) positions, at salary grade and plan ZA5-1406 positions in the Clerk-Recorder-Elections Department. Proposed Effective Date: 1/1/2024 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 $221,198.36 Net County Cost $221,198.36 Total this FY $110,599.18 N.C.C. this FY $110,599.18 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% General Fund (Measure X Funding, AIR# 23-1092) Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Kristin B. Connelly ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT /s/ Julie Enea 1/8/24 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 5/29/2024 Add two (2) Elections Outreach Specialist (EBHA) positions at salary plan and grade ZA5 1406 ($6,010 - $7,305) in the Clerk- Recorder-Elections Department Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Gladys Reid 5/29/2024 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 5/29/2025 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 471 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 472 473 Recorded at the request of: Clerk of the Board Return To: Public Works Dept THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on _______________________________by the following vote: Resolution No. IN THE MATTER OF: Approving the Stormwater Management Facilities Operation and Maintenance Agreement for land use permit LP16-02031 (APN’s 099-160-026 & 099-160-027), for a project being developed by CP Logistics Willow Pass, LLC, as recommended by the Public Works Director, Bay Point area. (District V) WHEREAS the Public Works Director has recommended that he be authorized to execute the Stormwater Management Facilities Operation and Maintenance Agreement with CP Logistics Willow Pass, LLC, as required by the Conditions of Approval for land use permit LP16-02031. This agreement would ensure the operation and maintenance of the stormwater facilities in accordance with the approved Stormwater Control Plan and approved Operation and Maintenance Plan for land use permit LP16-02031, which is located at 4000 Evora Road in the Bay Point area. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Ke lle n O ’ Co n nor ( 925 ) 313 -2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy c: Larry Gossett-Engineering Services, Kellen O’Connor-Engineering Services, Anthony DiSilvestre, Engineering Services, Renee Hutchins- Records, Karen Piona- Records, Michelle Mancuso-Watershed Program/ Flood Control, John Steere,-Watershed Program/Flood Control, Catherine Windham-Flood Control, CP Logistics Willow Pass, LLC. AYE: NO: ABSENT: ABSTAIN: RECUSE: 474 Recording Requested By: COUNTY OF CONTRA COSTA When Recorded, Return To: COUNTY OF CONTRA COSTA Contra Costa County Public Works Department Attn: Engineering Services Division 255 Glacier Drive Martinez, CA 94553 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY Document Title COUNTY OF CONTRA COSTA COVENANT RUNNING WITH THE LAND, STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY PROJECT: LP16-2031 PROPERTY OWNER(S}: CP Logistics Willow Pass, LLC ASSESSOR'S PARCEL NUMBER(S): 099-160-026 & 099-160-027 Page 1 of 8 475 COVENANT RUNNING WITH THE LAND, STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY This Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement, and Right of Entry ("Agreement") is made and entered into this __ day of ______ _, 20 __ , by and between CP Logistics Willow Pass, LLC and the County of Contra Costa, a political subdivision of the State of California. DEFINITIONS The following terms used in this Agreement have the meanings specified below: County: The term "County" means the County of Contra Costa and its authorized officers, agents, and employees. County Engineer: The term "County Engineer'' means the Public Works Director for the County or his/her designee. Maintain: The terms "maintain," "maintained," or "maintenance" mean taking all actions reasonably necessary to keep the Stormwater Facilities in first-class operation, condition, and repair, as described in the Stormwater Control Plan and the Operation and Maintenance Plan, which actions include but are not limited to annual inspection and reporting, painting, cleaning, refinishing, repairing, replacing, and reconstructing the Stormwater Facilities, the payment of any applicable County fees, and in the case of landscaping, plant replacement, mulch replacement, irrigating, trimming, mowing, and fertilizing the landscaping. NPDES Permit: The term "NPDES Permit" means the National Pollutant Discharge Elimination System (NPDES) Permit No. CAS612008 issued to the County and other co-permittees by the San Francisco Regional Water Quality Control Board, as amended, and as may be superseded by subsequent NPDES permits that are issued from time to time. Operation and Maintenance Plan: The term "Operation and Maintenance Plan" means the Stormwater Control Operation and Maintenance Plan for the Property prepared by Laugenour and Meikle, and deemed consistent with the Ordinance by the County, which may only be modified when, upon written application for such changes, the County Engineer, in his/her sole discretion, provides written consent to such changes. The Operation and Maintenance Plan and any approved changes are on file at the County Public Works Department. Ordinance: The term "Ordinance" means Division 1014 of Title 10 of the Contra Costa County Code (Stormwater Management and Discharge Control), as may be amended from time to time. Project: The term "Project" means LP16-2031, which is being developed on the Property by the Property Owner. Page 2 of 8 476 Property: The term "Property" means that real property described in Exhibit A attached to this Agreement. Property Owner: The terms "Property Owner" and "Property Owners" CP Logistics Willow Pass, LLC, and all heirs, successors, executors, administrators, and assigns of any interest in the Property, it being the intent of the parties that the obligations under this Agreement, as provided in Civil Code Section 1468, run with the Property. Stormwater Control Plan: The term "Stormwater Control Plan" means the Stormwater Control Plan prepared by Laugenour and Meikle, and deemed consistent with the Ordinance by the County, which may only be modified when, upon written application for such changes, the County Engineer, in his/her sole discretion, provides written consent to such changes. The Stormwater Control Plan and any approved changes are on file at the County Public Works Department. • Stormwater Facilities: The term "Stormwater Facilities" means the permanent stormwater management facilities and appurtenant design features located and constructed on the Property, as described in the Stormwater Control Plan and/or the Operation and Maintenance Plan. RECITALS This Agreement is made and entered into with reference to the following facts: A. The Property Owner is the owner of the Property and intends to develop the Property with impervious surfaces. B. The County has operates and maintains a portion of land including the 1,300-foot length of Evora Road at its western terminus in the unincorporated area of Contra Costa County near the city of -Concord, and the County is required to ensure that stormwater runoff from the Property meets the requirements of the NPDES Permit. C. To meet its obligations under the NPDES Permit, the County has required the Property Owner to construct the Stormwater Facilities. D. To meet its obligations under the NPDES Permit, the County has approved the Property Owner's Operation and Maintenance Plan and the Stormwater Control Plan for the Stormwater Facilities. E. To meet the County's obligations under the NPDES Permit, the County's Ordinance requires proper operation and maintenance in perpetuity of the Stormwater Facilities constructed on the Property. F. The Operation and Maintenance Plan and/or the Stormwater Control Plan include an annual inspection and reporting requirement and a continuing maintenance requirement for the Stormwater Facilities constructed on the Property. Page 3 of 8 477 AGREEMENT NOW, THEREFORE, in consideration of the above premises, the sufficiency of which is acknowledged, the mutual covenants contained in this Agreement, and the following terms and conditions, the County and the Property Owner agree as follows: SECTION 1 Responsibility for Operation and Maintenance: The Property Owner represents and warrants that the Stormwater Facilities have been designed and installed in strict accordance with the Stormwater Control Plan, the Operation and Maintenance Plan, and the Ordinance. No portion of the Stormwater Facilities may be altered in any manner that is inconsistent with the Stormwater Control Plan or the Operation and Maintenance Plan without the prior, written consent of the County Engineer. The Property Owner shall continuously maintain the Stormwater Facilities in first-class operating condition, in strict accordance with the Stormwater Control Plan, the Operation and Maintenance Plan, and the Ordinance, and in compliance with all applicable federal, state, and local laws and regulations, as they may be amended from time to time. The Property Owner shall engage a licensed landscape contractor or other licensed professional acceptable to the County Engineer to undertake the following maintenance activities on the Property, unless the Property Owner receives prior, written approval of an alternative method from the County Engineer: 1. Diagnosis and correction of the Stormwater Facilities malfunctions that cannot be corrected through routine maintenance, 2. Application of fertilizer and/or pest control products within, under, or above the Stormwater Facilities, 3. Repair of private drainage system (including rain gutters, downspouts, area drains, risers, inlets, outlets, overflows, clean-outs, connectors, earthen and concrete conveyance swales, check dam/retaining walls, and catch basins), 4. Maintenance of irrigation system that may affect stormwater reaching the Stormwater Facilities, 5. Modification of site topography through yard and driveway grading that may affect stormwater reaching the Stormwater Facilities, 6. Subdrain cleaning/replacement (including perforated drain pipe), and 7. Replacement of engineered soil and mulch. The County Engineer may, at any time, revoke approval of an alternate method for the maintenance of the Stormwater Facilities and require the Property Owner to hire a licensed landscape contractor or other licensed professional acceptable to the County Engineer to undertake any of the activities mentioned in this section. If a dispute should arise between the Property Owner with respect to the necessity for maintenance, the standard of maintenance, the contractor(s) to be engaged to perform any repair or maintenance work, or any other matters pertaining to the operation or maintenance of the Stormwater Facilities, the dispute may be submitted to the County Engineer, in which case the decision of the County Engineer shall be final. Page 4 of 8 478 The County may require the Property Owner to amend the Stormwater Control Plan and/or the Operation and Maintenance Plan whenever the County deems amendments necessary to maintain compliance with the NPDES Permit. In that case, the Property Owner shall have the amendments prepared by a licensed engineer and promptly submit the amendments to the County Engineer for review and approval. All amendments proposed by the Property Owner are subject to the prior, written approval of the County Engineer. Whenever the Property Owner requests amendments to the Stormwater Control Plan and/or the Operation and Maintenance Plan, the Property Owner shall pay the County in advance for all staff time spent reviewing and taking action with respect to such request, whether or not the County Engineer approves the proposed amendments. All approved amendments to the Stormwater Control Plan and the Operation and Maintenance Plan will be kept on file at the County Public Works Department. The Property Owner shall promptly comply with all requirements of the Stormwater Control Plan and the Operation and Maintenance Plan, including any approved amendments. SECTION 2 Inspection by Property Owner: The Property Owner shall inspect, at least annually, the Stormwater Facilities in accordance with this Agreement, including the requirements of the Operation and Maintenance Plan , the Stormwater Control Plan, and the Ordinance. The annual inspection shall include completion of the reporting form(s) required by the County, which form(s) will be provided annually to the Property Owner by the County. The Property Owner or a licensed landscape contractor or other licensed professional acceptable to the County Engineer must submit the reporting form(s) to the County Engineer no later than the deadline indicated on the form(s). Upon review, the County may require additional information from either the Property Owner or an appropriately-licensed contractor. SECTION 3 Right of Entry and Stormwater Facilities Inspection by the County: The Property Owner hereby grants permission to the County and its contractors and other agencies with an interest in the Stormwater Facilities, such as the Contra Costa County Flood Control and Water Conservation District, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board, to enter upon the Property at any reasonable time to inspect, assess, or observe the Stormwater Facilities for the purpose of ensuring that the Stormwater Facilities are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property whenever the County or other agency has a reasonable basis to believe that a violation of this Agreement, the Operation and Maintenance Plan, the Stormwater Control Plan, the Ordinance, or the NPDES Permit has occurred or is threatening to occur. It also includes the right for the County and its contractors to enter upon the Property to perform any maintenance or other obligations required of the Property Owner under this Agreement or to abate any nuisance in connection with the Stormwater Facilities. The County and the other agencies shall endeavor to provide reasonable notice to the Property Owner before entering the Property. SECTION4 Failure to Perform Required Stormwater Facilities Repairs or Maintenance by the Property Owner: If the Property Owner fails to maintain the Stormwater Facilities in good working order and in accordance with the approved Operation and Maintenance Plan, the Storrnwater Control Plan, and the Ordinance, the Page 5 of 8 479 County, with prior notice, may enter the Property to return the Stormwater Facilities to good working order. The County is under no obligation to maintain or repair the Stormwater Facilities, and this Agreement may not be construed to impose any such obligation on the County. If the County, under this section, performs any work to return Stormwater Facilities to good working order, the Property Owner shall reimburse the County for all the costs incurred by the County, including administrative costs. The County will provide the Property Owner with an itemized invoice of the County's costs and the Property Owner will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the County may secure a lien against the Property in the amount of such costs. In addition, the County may make the cost of abatement of the nuisance caused by the failure to maintain the Stormwater Facilities a special assessment against the Property, which assessment may be collected on the tax roll in accordance with applicable law. This section does not prevent the County from pursuing other remedies against the Property or the Property Owner, including but not limited to those in the Ordinance and the nuisance abatement procedures in Division 14 of Title 1 (or successor provisions) of the Contra Costa County Ordinance Code. If the Property Owner fails to maintain the Stormwater Facilities in accordance with this Agreement, the Operation and Maintenance Plan, the Stormwater Control Plan, or the Ordinance, the Property Owner shall be responsible for: (a) the costs of any code enforcement or nuisance abatement actions commenced by the County; and (b) the payment of, or reimbursement to the County for, any fines or penalties that may be levied against the County by the Regional Water Quality Control Board or any other regulatory agency, to the extent that the fines or penalties result from the Property Owner's failure to properly maintain the Stormwater Facilities. The County may recover such costs, fines, or penalties from the Property Owner in the same manner as provided in the preceding paragraph. SECTIONS Indemnity: The Property Owner agrees to defend, indemnify, save, and hold harmless the County and its governing board from any and all demands , losses, claims, costs, suits, liabilities, and expenses for any property damage, personal injury, or death arising directly or indirectly from or connected with the design, construction, use, operation or maintenance of the Stormwater Facilities by the Property Owner or the presence or existence of the Stormwater Facilities on the Property, except for claims, costs, or liabilities resulting from the sole negligence or sole willful misconduct of the County. The Property Owner's obligations under this section shall include the payment of penalties, fines, attorneys' fees, experts' fees, costs, and litigation expenses, as well as liability for the release or existence of any hazardous materials on, under, or in the Property. If any action or proceeding is brought against any of the indemnitees, the Property Owner shall reimburse the indemnitees for any expenditures, including reasonable attorneys' fees and costs, incurred by the indemnitees and, if requested by any of the indemnitees, shall defend the action or proceeding at the Property Owner's sole expense with counsel reasonably acceptable to the indemnitees. SECTION 6 Covenant Running with the Land: The covenants of the Property Owner set forth above shall run with the land, and the burdens of the covenants shall be binding upon each and every part of the Property and the Lots and upon the Property Owner and the Property Owner's successors and assigns in ownership (on any interest in the Property) for the benefit of the 1,300-foot length of Evora Road at its western terminus in the unincorporated area of Contra Costa County near the city of Concord, and each and every part thereof. Page 6 of 8 480 Said covenants shall inure to the benefit of and be enforceable by the County and its successors and assigns in ownership of each and every part of the above referenced road(s) and storm drains. SECTION 7 Severability: Invalidation of any one of the provisions of this Agreement shall in no way affect any other provisions and all other provisions shall remain in full force and effect. SECTION 8 No Dedication for Public Use: The provisions of this Agreement shall not be construed to constitute a dedication for public use, either express or implied, and any actions by the County to enforce this Agreement, including without limitation code enforcement or nuisance abatement actions, shall not be deemed to involve the exercise by the County of dominion or control over the Stormwater Facilities or the Property. SECTION 9 Notices: All notices required by this Agreement or by law shall be in writing and shall be delivered in person or sent by certified mail, postage pre-paid. Notices required to be given to the County shall be addressed as follows: Contra Costa County Public Works Department Attention: County Watershed Program 255 Glacier Drive Martinez, CA 94553 Notices required to be given to the Property Owner, including any heirs, successors, or assigns, will be sent to the mailing address for the Property Owner that is on file with the Contra Costa County Assessor. The Property Owner may request in writing that notices be sent to an additional address. Any party may change its address or contact person by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address and/or new contact person. SECTION 10 Effective Date and Modification: This Agreement is effective upon the date stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the County and the Property Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded. Page 7 of 8 481 SECTION 11 Representation and Warranty. Each person executing this Agreement on behalf of the Property Owner represents and warrants that he or she is authorized to execute and deliver this Agreement on behalf of the Property Owner and that this Agreement is binding on the Property Owner in accordance with its terms. Each legal entity identified below as a member, manager, partner or representative of another legal entity represents and warrants that, in its capacity as member, manager, partner or representative, the legal entity is authorized to act on behalf of, and by its actions legally bind, the other legal entity, with regard to this Agreement. County of Contra Costa By: ___________ _ Warren Lai, Public Works Director RECOMMENDED FOR APPROVAL: Warren Lai , Public Works Director By: ~ D7~rks Director APPROVED AS TO FORM: Thomas L. Geiger :,""~11(~ Deputy Cou nty Cpu nseJ. ,1l CC. It~ ~ .,-µ, Attachments: Exhibit A (Legal Description) Exhibit B (Plat Map) Acknowledgment Property Owner (CP logistics Willow Pass, LLC) By: CP Logistics Platform, LLC Member, CP Logistics Willow Pass, LLC By: Panattoni CLP, LLC Administrator, CP Logistics Platform, LLC By: Panattoni CLP Operator, LLC Manager, Panattoni CLP Operator, LLC By : _________ _ Lauren Kerns Vice President By : _________ _ William Bullen Vice President (Note: All Property Owner signatures must be notarized . If Property Owner is a Californ ia limited liabi li ty company , Property Owner must sign in acoordance with one of the following : (1) Two managers mu st sign , but if the articles of organ ization indicate Iha! the company is managed by only one manager, one manager must sign (Corp . Code ,§ 17703.01 , subd . (d)): (2) subject to the articles of organ ization , two ofliC81S may sign , the. first being lhe chairperson of lhe board, president or any vice president and the second being an y secretary, any assistant secretary, the chlef financial officer or any assistant treasurer (Corp . Cod e,§ 17704 .07 , subd. (w); or (3) subject to the articles of organization , if lhe company is not manager-managed, any member may sign . (Corp . Code, § 17703.01, subd , (a).) G:lengsvc\Land Dev\LPILP 16-2031 (xref PR16-0005)\O&M Agreemenl\AG-42 OMAgreement LP16-2031 .docx Page 8 of 8 482 SECTION 11 Representation and Warranty. Each person executing this Agreement on behalf of the Property Owner represents and warrants that he or she is authorized to execute and deliver this Agreement on behalf of the Property Owner and that this Agreement is binding on the Property Owner in accordance with its terms. Each legal entity identified below as a member, manager, partner or representative of another legal entity represents and warrants that, in its capacity as member, manager, partner or representative, the legal entity is authorized to act on behalf of, and by its actions legally bind, the other legal entity, with regard to this Agreement. County of Contra Costa By: _____________ _ Warren Lai, Public Works Director RECOMMENDED FOR APPROVAL: Warren Lai, Public Works Director By: _____________ _ Deputy Public Works Director APPROVED AS TO FORM: Thomas L. Geiger County Counsel By: _____________ _ Deputy County Counsel Attachments: Exhibit A (Legal Description) Exhibit B (Plat Map) Acknowledgment Property Owner: CP Logistics Willow Pass, LLC By: CP Logistics Platform, LLC, a Delaware limited liability company, its sole member By: Panattoni CLP, LLC, a Delaware limited liabilty company, its Administrator By: Panattoni CLP Operator, LLC , a Delaware lim ited liability company, its Manager a~ll46£M arenKerns Vice President By : ___________ _ William Bullen Vice President [Note: All Property Owner sig natures must be nola.rized . If Pro perty ONner is a California limited li ability company, Property Owner must sign in accordance with one of the following: (1) Two managers must sign, but if the articles of organization indicate tha t the company is managed by only one manager, on e manager must sig n (Corp. Code,§ 17703.01. subd . (d)); (2) subject to lhe articles of organization, two officers may sign , the first being the chairperson of the board, president or any vice president and the second being any secretary , any assistant secrelaJY, the chief financial officer or any assistant treasurer (Corp . Code,§ 17704 .07, subd . (w); or (3) subject to the articles of organization, if th e company is not manager-managed, any member may sign . (Corp. Code , § 17703.01, subd. (a).] G:lengsvclland Dev\LPILP 16-2031 (xref PR16-0005)\O&M Agreemenl\AG-42 OMAgreement LP16-2031 .docx Page 8 of 8 483 EXCEPTING THEREFROM PORTIONS OF PARCEL ONE : I) ALL OF THE OIL, GAS, ASPHAL TUM AND OTHER HYDROCARBON SUBSTANCES AND MINERALS, AS WELL AS THERMAL STEAM AND HOT WATER, LYING IN AND UNDER, TO A DEPTH OF 4,500 FEET BELOW MEAN SEA LEVEL, AS GRANTED FROM ELWIN F. WARE, ET UX., TO PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION, IN THAT CERTAIN INSTRUMENT RECORDED SEPTEMBER 2, 1975, IN BOOK 7609 OF OFFICIAL RECORDS, AT PAGE 384, CONTRA COSTA COUNTY RECORDS. 2) "RESERVING UNTO THE SELLERS AS GRANTORS ALL OR ANY OF THE OIL, GAS, MINERALS AND HYDROCARBONS, ALL CHEMICAL GAS AND ALL GEOTHERMAL STEAM LYING BELOW A DEPTH OF MORE THAN FORTY-FIVE HUNDRED (4500) FEET BELOW MEAN SEA LEVEL, INCLUDING THE RIGHT TO GRANT LEASES FOR ALL OR ANY OF SAID PURPOSES, BUT WITHOUT ANY RIGHT WHATSOEVER TO ENTER UPON THE SURF ACE OF SAID LANDS OR UPON ANY PORTION THEREOF WITHIN FORTY-FIVE HUNDRED (4500) FEET VERTICAL DISTANCE BELOW MEAN SEA LEVEL," AS RESERVED IN THE GRANT DEED FROM ELWIN F. WARE, ET UX., RECORDED JULY 14, 1983, IN BOOK 11339 OF OFFICIAL RECORDS, AT PAGE 640, CONTRA COSTA COUNTY RECORDS. 3) "EXCEPTING FROM SAID REAL PROPERTY AND RESERVING TO THE GRANTORS HEREIN ALL OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID REAL PROPERTY LYING BELOW A PLANE WHICH IS 500 FEET BELOW THE NORMAL SURF ACE OF THE GROUND, PROVIDED, HOWEVER, THAT ANY EXPLORATION FOR OR REMOVAL OF ANY SUCH OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES AND MINERALS SHALL BE BY MEANS OF SLANT DRILLING OR TUNNELING FROM LANDS ADJACENT TO SAID REAL PROPERTY AND SHALL BE PERFORMED SO AS NOT TO ENDANGER SAID SURF ACE OR ANY STRUCTURE WHICH SHALL BE ERECTED OR CONSTRUCTED THEREON," AS RESERVED IN THE GRANT DEED FROM PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION, RECORDED SEPTEMBER 3, 1991, AS INSTRUMENT NO. 1991-0178168, IN BOOK 16844 OF OFFICIAL RECORDS, AT PAGE 485, CONTRA COST A COUNTY RECORDS. 4) "GRANTOR RESERVES UNTO ITSELF, ITS SUCCESSORS AND ASSIGNS, NON- EXCLUSIVE RIGHTS TO ALL THE SUBSURFACE WATER NOW OR HEREAFTER FOUND, LOCATED IN ALL OR ANY PART OF THE LAND ABOVE DESCRIBED, LYING BELOW THE SURF ACE THEREOF, EXPRESSLY RESERVES THE RIGHT TO GRANT LEASES FOR SUCH WATER WITHOUT RIGHT TO ENTER UPON THE SURF ACE OF SAID LAND FOR THE PURPOSE OF RECOVERING SUCH WATER," AS RESERVED IN THE GRANT DEED FROM THOMAS/DENOV A, LLC, A CALIFORNIA LIMITED LIABILITY COMP ANY, RECORDED NOVEMBER 21, 2003, AS INSTRUMENT NO. 2003-0569305, OFFICIAL RECORDS OF CONTRA COST A COUNTY. BEING APNS 099-160-026 AND 099-160-027 . CONTAINING 15.424 ACRES OF LAND, MORE OR LESS . 2 486 SEE EXHIBIT 'B', ATTACHED HERETO AND MADE A PART HEREOF. PARCEL TWO: A NON-EXCLUSIVE PERPETUAL EASEMENT, APPURTENANT TO PARCEL ONE, ABOVE, FOR INGRESS AND EGRESS BY VEHICLES, PEDESTRIANS AND ANIMALS AND FOR INSTALLING, REPAIRING, REMOVING AND REPLACING A ROAD AND LINES, WIRES, PIPES, CONDUITS AND FACILITIES FOR WATER, SEWER, GAS, ELECTRIC, TELECOMMUNICATIONS, FIBER OPTIC, AND STORM WATER PURPOSES, OVER, UNDER, THROUGH, AND ACROSS THE FOLLOWING DESCRIBED PARCEL: BEING A PORTION OF LOTS 50 AND 51 AS SHOWN ON THE MAP OF THE GOVERNMENT OR GWIN RANCH, FILED NOVEMBER 8, 1884, IN BOOK "D" OF MAPS, AT PAGE 87, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT 4 ACRE PARCEL OF LAND DESCRIBED AS "PARCEL ONE", IN THE GRANT DEED FROM MANUEL J. DUARTE, JR., ET UX., TO CONCORD SPORTSMEN'S CLUB, A CORPORATION, RECORDED MARCH 8, 1961, IN BOOK 3819 OF OFFICIAL RECORDS, AT PAGE 450, CONTRA COSTA COUNTY RECORDS, SAID POINT OF BEGINNING ALSO BEING A POINT ON THE SOUTHERLY LINE OF LOT 51; THENCE NORTH 29° 39' 04" WEST, 361.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL ONE; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ONE, NORTH 72° 22' 10" EAST, 45.83 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 36° 02' 59" WEST, 203.97 FEET; THENCE SOUTH 51 ° 05' 58" WEST, 66.92 FEET; THENCE SOUTH 16° 38' 49" EAST, 181 .89 FEET TO THE EASTERLY LINE OF THE CONTRA COSTA CANAL, AND ALSO BEING THE EASTERLY LINE OF THE 6.92 ACRE PARCEL OF LAND DESCRIBED IN THE GRANT DEED FROM MANUEL J. DUARTE, JR., ET UX., TO THE UNITED ST A TES OF AMERICA, RECORDED SEPTEMBER 23, 1938, IN BOOK 486 OF OFFICIAL RECORDS, AT PAGE 4, CONTRA COSTA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID CONTRA COSTA CANAL SOUTH 51 ° 15' 40" EAST, 25.00 FEET TO THE BEGINNING OF A 185 FOOT RADIUS CURVE CONCA VE TO THE SOUTHWEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66° 06' 00", AN ARC DISTANCE OF 213.43 FEET; THENCE LEAVING SAID CURVE SOUTH 14° 50' 21" WEST, 14.77 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND AW ARD ED TO THE UNITED STATES OF AMERICA IN THE "FINAL JUDGMENT ON PARCEL 75", ENTERED JUNE 19, 1945, IN THE DISTRICT COURT OF THE UNITED STATES, NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION, A CERTIFIED COPY OF WHICH WAS RECORDED JUNE 29, 1945, IN BOOK 818 OF OFFICIAL RECORDS, AT PAGE 123, CONTRA COSTA COUNTY RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 47° 02' 40" EAST, 469.26 FEET; THENCE SOUTH 44° 50' 15" EAST, 85.23 FEET TO THE NORTHERLY RIGHT OF WAY OF EVORA ROAD; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY, ALONG A NON-TANGENT CURVE TO THE SOUTHEAST, THE CENTER OF WHICH BEARS NORTH 45° 34' 03" EAST, HAVING A RADIUS OF 45 FEET, THROUGH A CENTRAL ANGLE OF 98° 03' 15", AN ARC DISTANCE OF 77.01 FEET; THENCE LEAVING SAID RIGHT OF WAY OF EVORA ROAD, NORTH 47° 02' 40" WEST, 271.24 FEET; THENCE NORTH 42° 57' 3 487 20" EAST, 20.00 FEET; THENCE NORTH 47° 02' 40" WEST, 80.00 FEET; THENCE NORTH 72° 22' 10" EAST, 11.37 FEET TO THE POINT OF BEGINNING. BEING APN 099-210-020. CONTAINING 1.616 ACRES OF LAND, MORE OR LESS. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMACE WITH THE PROFESSIONAL LAND SURVEYORS ACT. 4 488 493 Recorded at the request of: Clerk of the Board Return To: Public Works Dept THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on _______________________________by the following vote: Resolution No. IN THE MATTER OF: Approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD21-09573 (APN’s 161-280-005 & 161-280-034), for a project being developed by Civic Park Midhill, LLC, as recommended by the Public Works Director, Martinez area. (District V) WHEREAS the Public Works Director has recommended that he be authorized to execute the Stormwater Management Facilities Operation and Maintenance Agreement with Civic Park Midhill, LLC, as required by the Conditions of Approval for subdivision SD21-09573. This agreement would ensure the operation and maintenance of the stormwater facilities in accordance with the approved Stormwater Control Plan and approved Operation and Maintenance Plan for subdivision SD21-09573, which is located at 180 Midhill Road in the Martinez area. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Ke lle n O ’ Co n nor ( 925 ) 313 -2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy c: Larry Gossett-Engineering Services, Kellen O’Connor-Engineering Services, Anthony DiSilvestre, Engineering Services, Renee Hutchins- Records, Karen Piona- Records, Michelle Mancuso-Watershed Program/ Flood Control, John Steere,-Watershed Program/Flood Control, Catherine Windham-Flood Control, Civic Park Midhill, LLC AYE: NO: ABSENT: ABSTAIN: RECUSE: 494 Recording Requested By: COUNTY OF CONTRA COSTA When Recorded, Return To: COUNTY OF CONTRA COSTA Contra Costa County Public Works Department Attn: Engineering Services Division 255 Glacier Drive Martinez, CA 94553 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY Document Title COUNTY OF CONTRA COSTA COVENANT RUNNING WITH THE LAND, STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY PROJECT: SD21-9573 PROPERTY OWNER(S): Civic Park Midhill, LLC ASSESSOR'S PARCEL NUMBER(S): 161-280-005 and 161-280-034 Page 1 of 8 495 COVENANT RUNNING WITH THE LAND, STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY This Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement , and Right of Entry ("Agreement") is made and entered into this __ day of ______ _. 20_~ by and between Civic Park Midhill, LLC and the County of Contra Costa, a political subdivision of the State of California. DEFINITIONS The following terms used in this Agreement have the meanings specified below: County: The term "County" means the County of Contra Costa and its authorized officers, agents, and employees. County Engineer: The term "County Engineer" means the Public Works Director for the County or his/her designee. Lot: The term "Lot" and "Lots" means the individual lots or parcels shown on the Map . Map: The term "Map" means the final map or parcel map of the Project filed in the Official Records of the Contra Costa County Recorder. Maintain: The terms "maintain," "maintained," or "maintenance" mean taking all actions reasonably necessary to keep the Stormwater Facilities in first-class operation, condition, and repair, as described in the Stormwater Control Plan and the Operation and Maintenance Plan, which actions include but are not limited to annual inspection and reporting, painting, cleaning, refinishing, repairing, replacing, and reconstructing the Stormwater Facilities, the payment of any applicable County fees, and in the case of landscaping, plant replacement, mulch replacement, irrigating, trimming, mowing, and fertilizing the landscaping . NPDES Permit: The term "NPDES Permit" means the National Pollutant Discharge Elimination System (NPDES) Permit No. CAS612008 issued to the County and other co-permittees by the San Francisco Regional Water Quality Control Board, as amended, and as may be superseded by subsequent NPDES permits that are issued from time to time. Operation and Maintenance Plan: The term "Operation and Maintenance Plan" means the Stormwater Control Operation and Maintenance Plan for the Property prepared by Meridian Associate LLC, and deemed consistent with the Ordinance by the County, which may only be modified when, upon written application for such changes, the County Engineer, in his/her sole discretion, provides written consent to such changes. The Operation and Maintenance Plan and any approved changes are on file at the County Public Works Department. Page 2 of 8 496 Ordinance: The term "Ordinance" means Division 1014 of Title 10 of the Contra Costa County Code (Stormwater Management and Discharge Control), as may be amended from time to time. Project: The term "Project" means 5D21-9573, which is being developed on the Property by the Property Owner . Property: The term "Property" means that real property, including all Lots , shown on the Map and described in Exhibit A attached to this Agreement. Property Owner : The terms "Property Owner" and "Property Owners" mean Civic Park Midhill, LLC, and all heirs, successors, executors , administrators , and assigns of any interest in the Property, it being the intent of the parties that the obligations under this Agreement, as provided in Civil Code Section 1468, run with the Lots shown on the Map. Stormwater Control Plan: The term "Stormwater Control Plan" means the Stormwater Control Plan prepared by Meridian Associate LLC and deemed consistent with the Ordinance by the County, which may only be modified when, upon written application for such changes, the County Engineer, in his/her sole discretion , provides written consent to such changes. The Stormwater Control Plan and any approved changes are on file at the County Public Works Department. Stormwater Facilities : The term "Stormwater Facilities" means the permanent stormwater management facilities and appurtenant design features located and constructed on the Property, as described in the Stormwater Control Plan and/or the Operation and Maintenance Plan. RECITALS Th is Agreement is made and entered into with reference to the following facts: A. The Property Owner is the owner of the Property and intends to develop the Property with impervious surfaces. 8. The County is the owner of Midhill Road and associated storm drains in the vicin ity of the Property and the County is required to ensure that stormwater runoff from the Property meets the requirements of the NPDES Permit. C. To meet its obligations under the NPDES Permit, the County has required the Property Owner to construct the Stormwater Facilities. D. To meet its obligations under the NPDES Permit, the County has approved the Property Owner's Operation and Maintenance Plan and the Stormwater Control Plan for the Stormwater Facilities. E. To meet the County's obligations under the NPDES Permit, the County's Ordinance requires proper operation and maintenance, in perpetuity, of the Stormwater Facilities constructed on the Property. Page 3 of 8 497 F. The Operation and Maintenance Plan and/or the Stormwater Control Plan include an annual inspection and reporting requirement and a continuing maintenance requirement for the Stormwater Facilities constructed on the Property. AGREEMENT NOW, THEREFORE, in consideration of the above premises, the sufficiency of which is acknowledged, the mutual covenants contained in this Agreement, and the following terms and conditions, the County and the Property Owner agree as follows: SECTION 1 Responsibility for Operation and Maintenance: The Property Owner represents and warrants that the Stormwater Facilities have been designed and installed in strict accordance with the Stormwater Control Plan, the Operation and Maintenance Plan, and the Ordinance. No portion of the Stormwater Facilities may be altered in any manner that is inconsistent with the Stormwater Control Plan or the Operation and Maintenance Plan without the prior, written consent of the County Engineer. The Property Owner shall continuously maintain the Stormwater Facilities in first-class operating condition, in strict accordance with the Stormwater Control Plan, the Operation and Maintenance Plan, and the Ordinance, and in compliance with all applicable federal, state, and local laws and regulations, as they may be amended from time to time. The Property Owner shall engage a licensed landscape contractor or other licensed professional acceptable to the County Engineer to undertake the following maintenance activities on the Property, unless the Property Owner receives prior, written approval of an alternative method from the County Engineer: 1. Diagnosis and correction of the Stormwater Facilities malfunctions that cannot be corrected through routine maintenance, 2. Application of fertilizer and/or pest control products within, under, or above the Stormwater Facilities, 3. Repair of private drainage system (including rain gutters, downspouts, area drains, risers, inlets, outlets, overflows, clean-outs, connectors, earthen and concrete conveyance swales, check dam/retaining walls, and catch basins), 4. Maintenance of irrigation system that may affect stormwater reaching the Stormwater Facilities, 5. Modification of site topography through yard and driveway grading that may affect stormwater reaching the Stormwater Facilities, 6. Subdrain cleaning/replacement (including perforated drain pipe), and 7. Replacement of engineered soil and mulch. The County Engineer may, at any time, revoke approval of an alternate method for the maintenance of the Stormwater Facilities and require the Property Owner to hire a licensed landscape contractor or other licensed professional acceptable to the County Engineer to undertake any of the activities mentioned in this section . Page 4 of 8 498 If a dispute should arise between the Property Owner and the County with respect to the necessity for maintenance, the standard of maintenance, the contractor(s) to be engaged to perform any repair or maintenance work, or any other matters pertaining to the operation or maintenance of the Stormwater Facilities, the dispute may be submitted to the County Engineer, in which case the decision of the County Engineer shall be final. The County recognizes that the Operation and Maintenance Plan may provide for the allocation of Property Owner responsibilities for the maintenance of Stormwater Facilities located on various Lots. However, regardless of the allocation of maintenance responsibilities , the Property Owner of each Lot is responsible for compliance with all of the obligations contained in this Agreement, and all Property Owners will be jointly and severally liable for failure to comply with the terms and conditions set forth in this Agreement and in the Ordinance. The County may require the Property Owner to amend the Stormwater Control Plan and/or the Operation and Maintenance Plan whenever the County deems amendments are necessary to maintain compliance with the NPDES Permit. In that case, the Property Owner shall have the amendments prepared by a licensed engineer and promptly submit the amendments to the County Engineer for review and approval. All amendments proposed by the Property Owner are subject to the prior, written approval of the County Engineer. Whenever the Property Owner requests amendments to the Stormwater Control Plan and/or the Operation and Maintenance Plan, the Property Owner shall pay the County in advance for all staff time spent reviewing and taking action with respect to such request, whether or not the County Engineer approves the proposed amendments. All approved amendments to the Stormwater Control Plan and the Operation and Maintenance Plan will be kept on file at the County Public Works Department. The Property Owner shall promptly comply with all requirements of the Stormwater Control Plan and the Operation and Maintenance Plan , including any approved amendments. SECTION 2 Inspection by Property Owner: The Property Owner shall inspect, at least annually, the Stormwater Facilities in accordance with this Agreement, including the requirements of the Operation and Maintenance Plan, the Stormwater Control Plan, and the Ordinance. The annual inspection shall include completion of the reporting form(s) required by the County, which form(s) will be provided annually to the Property Owner by the County. The Property Owner or a licensed landscape contractor or other licensed professional acceptable to the County Engineer must submit the reporting form(s) to the County Engineer no later than the deadline indicated on the form(s). Upon review, the County may require additional information from either the Property Owner or an appropriately-licensed contractor. SECTION 3 Right of Entry and Stormwater Facilities Inspection by the County: The Property Owner hereby grants permission to the County and its contractors and other agencies with an interest in the Stormwater Facilities, such as the Contra Costa County Flood Control and Water Conservation District, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board, to enter upon the Property at any reasonable time to inspect, assess, or observe the Stormwater Facilities for the purpose of ensuring that the Stormwater Facilities are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety . This includes the right to enter Page 5 of 8 499 upon the Property whenever the County or other agency has a reasonab le basis to be lieve that a violation of this Agreement, the Operation and Maintenance Plan , the Storm wa ter Con trol Plan, the Ordinance, or the NPDES Permit has occurred or is threatening to occur. It also includes the right for the County and its contractors to enter upon the Property to perform any maintenance or other obligations required of the Property Owner under this Agreement or to abate any nuisance in connection with the Stormwater Facilities. The County and the other agencies shall endeavor to provide reasonable notice to the Property Owner before entering the Property. SECTION 4 Failure to Perform Required Stormwater Facilities Repairs or Maintenance by the Property Owner: If the Property Owner fails to maintain the Stormwater Facilities in good working order and in accordance with the approved Operation and Maintenance Plan , the Stormwater Control Plan, and/or the Ordinance, the County, with prior notice, may enter the Property to return the Stormwater Facilities to good working order . The County is under no obligation to maintain or repair the Stormwater Facilities, and this Agreement may not be construed to impose any such obligation on the County. If the County, under this section, performs any work to return Stormwater Facilities to good working order, the Property Owner shall reimburse the County for all the costs incurred by the County, including administrative costs. The County will provide the Property Owner with an itemized invoice of the County's costs and the Property Owner will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the County may secure a lien against the Property in the amount of such costs. In addition , the County may make the cost of abatement of the nuisance caused by the failure to maintain the Stormwater Facilities a special assessment against the Property, which assessment may be collected on the tax roll in accordance with applicable law. This section does not prevent the County from pursuing other remedies against the Property or the Property Owner, including but not limited to those in the Ordinance and the nuisance abatement procedures in Division 14 ofTitle 1 (or successor provisions) of the Contra Costa County Ordinance Code. If the Property Owner fails to maintain the Stormwater Facilities in accordance with this Agreement, the Operation and Maintenance Plan, the Stormwater Control Plan, and/or the Ordinance, the Property Owner shall be responsible for: (a) the costs of any code enforcement or nuisance abatement actions commenced by the County; and (b) the payment of, or reimbursement to the County for, any fines or penalties that may be levied against the County by the Regional Water Quality Control Board or any other regulatory agency, to the extent that the fines or penalties result from the Property Owner's failure to properly maintain the Stormwater Facilities. The County may recover such costs , fines, or penalties from the Property Owner in the same manner as provided in the preceding paragraph. SECTION 5 Indemnity: The Property Owner agrees to defend, indemnify, save, and hold harmless the County and its governing board from any and all demands, losses, claims, costs , suits , liabilities, and expenses for any property damage, personal injury, or death arising directly or indirectly from or connected with the design , construction , use , operation or maintenance of the Stormwater Facilities by the Property Owner or the presence or existence of the Stormwater Facilities on the Property, except for claims, costs, or liabilities resulting from the sole negligence or sole willful misconduct of the County. The Property Owner's obligations under this section shall include the payment of penalties, fines, attorneys' fees, experts' fees, costs , and litigation expenses , as well as liability for the release or existence of any hazardous materials Page 6 of 8 500 on, under, or in the Property. If any action or proceeding is brought against any of the indemnitees , the Property Owner shall reimburse the indemnitees for any expenditures , including reasonable attorneys' fees and costs, incurred by the indemnitees and, if requested by any of the indemnitees, shall defend the action or proceed ing at the Property Owner 's sole expense with counsel reasonably acceptable to the indemnitees. SECTION 6 Covenant Running with the Land: The covenants of the Property Owner set forth above shall run with the land, and the burdens of the covenants shall be binding upon each and every part of the Property and the Lots and upon the Property Owner and the Property Owner's successors and assigns in ownership (on any interest in the Property) for the benefit of Mid hill Road and associated storm drains in the vicinity of the Property. Said covenants shall inure to the benefit of and be enforceable by the County and its successors and assigns in ownership of each and every part of the above referenced road(s) and storm drains. SECTION 7 Severability: Invalidation of any one of the provisions of this Agreement shall in no way affect any other provisions and all other provisions shall remain in full force and effect. SECTION 8 No Dedication for Public Use: The provisions of this Agreement shall not be construed to constitute a dedication for public use, either express or implied, and any actions by the County to enforce this Agreement , including without limitation code enforcement or nuisance abatement actions, shall not be deemed to involve the exercise by the County of dominion or control over the Stormwater Facilities or the Property. SECTION 9 Notices: All notices required by this Agreement or by law shall be in writing and shall be delivered in person or sent by certified mail, postage pre-paid . Notices required to be given to the County shall be addressed as follows : Contra Costa County Public Works Department Attention: County Watershed Program 255 Glacier Drive Martinez , CA 94553 Notices required to be given to the Property Owner, including any heirs, successors , or assigns, will be sent to the mailing address for the Property Owner that is on file with the Contra Costa County Assessor. The Property Owner may request in writing that notices be sent to an additional address. Any party may change its address or contact person by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address and/or new contact person. Page 7 of 8 501 SECTION 10 Effective Date and Modification: This Agreement is effective upon the date stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the County and the Property Owner at the time of modification . Such modifications shall be effective upon the date of execution and shall be recorded. SECTION 11 Representation and Warranty. Each person executing this Agreement on behalf of the Property Owner represents and warrants that he or she is authorized to execute and deliver this Agreement on behalf of the Property Owner and that this Agreement is binding on the Property Owner in accordance with its terms. Each legal entity identified below as a member, manager, partner or representative of another legal entity represents and warrants that, in its capacity as member, manager, partner or representative, the legal entity is authorized to act on behalf of, and by its actions legally bind, the other legal entity, with regard to this Agreement. County of Contra Costa Property Owner (Civic Park Midhill, LLC) By: Civic Park Properties, Inc. Member, Civic Park Midhill, LLC By: ____________ _ 8~~~ Warren Lai, Public Works Director RECOMMENDED FOR APPROVAL: Warren Lai, Public Works Director APPROVED AS TO FORM: Thomas L. Geiger County Counsei By ·~6'4 ftv~ Attachments: Exhibit A (Legal Description) Exhibit B (Plat Map) Acknowledgment Dana Tsubota Vice President/Chief Legal Officer [Note: All Property O •mer signatures must be notarized. If Pro perty Owner is a California lim ited liabifily company, Property Owner must sign in accordance with one of the following : (1) Two managers must sign , but if th e articles of orga nization Indicate that the company is managed by on ly one manager, one man ager mu st sign (Corp. Code.§ 1TT03.01, subd. {d)): (2) subject to the articles of organ ization, two officers may sign , the first being the chairperson of the board, pres rdent or any vice pres ident and the second being any secretary, any assi sta.nl secretary, the chief financial officer or any assistant treasurer (Corp . Code,§ 17704.07, subd . (w): or (3) subject to the articles of organizatio n, if the company Is not manager-managed, any member may $ign . (Corp. Code,§ 17703.01, subd. (a).] G:\engsvc\Land Dev\SDISD 9573\O&M AgreementlOMAgreement Subdivision 9573.docx Page 8 of 8 502 EXHIBIT "A" PROPERTY BOUNDARY LEGAL DESCRIPTION REAL PROPERTY SITU A TE IN THE UNINCORPORATED AREA OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING ALL OF PARCEL BAND PARCEL C, AS SHOWN ON THE PARCEL MAP OF MINOR SUBDNISJON M.S. 16-65, FILED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, ON WLY,3 1968 IN BOOK 4 OF PARCEL MAPS, AT PAGE 15 (4 PM 15), MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL C AS SHOWN ON SAID MAP (4 PM 15). SAID POINT BEING ON THE WEST RIGHT OF WAY LJNE OF MID HILL ROAD AND LYING 20.00 FEET WEST (PERPENDICULAR MEASUREMENT) OF THE MONUMENT LINE OF SAtD ROAD; THENCE ALONG THE BOUNDARY OF SAID PARCEL C THE FOLLOWING FIVE COURSES: 1) SOUTH 00° 29' 52" WEST, 86.60 FEET; 2) NORTH 89° 46' 26" WEST, 540.84 FEET; 3) NORTH 06° 17' 04" EAST, 207.75 FEET; 4) SOUTH 89° 46' 26" EAST, 319.89 FEET; 5) SOUTH 00° 31' 34" WEST, 110.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL B (4 PM 15); THENCE LEAVING THE BOUNDARY OF SAID PARCEL C, ALONG THE BOUNDARY OF SAID PARCEL B, SOUTH 89° 46' 26" EAST, 58.00 FEET; THENCE SOUTH 44° 46' 26" EAST, 14.14 FEET TO THE NORTH BOUNDARY OF SAID PARCEL C; THENCE LEAVING THE BOUNDARY OF SAID PARCEL B, ALONG THE BOUNDARY OF SAID PARCEL C, SOUTH 89° 46' 26" EAST, 132.00 FEET TO THE POINT OF BEGINNING. THE AREA DESCRIBED CONTAINS 86,197 SQUARE FEET (1.98 +/-) OF LAND, MORE OR LESS. TOGETHER WITH: THE 20 FOOT WIDE RIGHT OF WAY EASEMENTS APPURTENANT TO THE SOUTHWEST PORTION OF THE PROPERTY, AS SHOWN ON THE ACCOMPANYING PLAT MAP AND RECORDED IN THE OFFICIAL RECORDS OF CONTRA COSTA COUNTY AS DOCUMENTS 1338 OR 500, AND 2514 OR 183. SEE EXHIBIT "B" A PLAT IS ATTACHED HERTO AND BY THIS REFRENCE MADE A PART HEREOF. APN: 161-280-005 AND 161-280-034 END OF DESCRIPTION 503 I I IJ.J I ~ ;:=:-1, 0 ..__ u---,---__ J ..... ~ I <O !::i I ~ ('\j S 89° 46' 26 " E 319.89' 86,197.3 ± SQUARE FEET 1.98 ± ACRES r-..., 20' I 20 ' 20' RIGHT OF WAY ~ r / -~ EASEMENT 2514 OR 183 M I I ~ I~ 0' RIGHT O~ WAY_J I ~ ~ N 89° 46' 26" W EASEMENT I 1338 OR 500 j_J ~ / 20' RIGHT OF ~---_j' 1--WAY EASEME NT J ..... , 1338 OR 500 l µi ~ -Mg ~a C")..- 0 ..-s 44° 46' 26" E POB ;;:; 1;34• S 89° 46' 26" E S 890 461 2~" E 58.00' 132.00 ~ Lt') ~ 0 = 540.84' 20 .00' I D <C ~ _J _J I D ~ I I g NOTE: THE EASEMENTS SHOWN HEREON I ~ I ARE A PART OF THIS SUBDIVISION . ~ ~ f <O ~ ,~1. CONTRACOSTA ------=-b i~---2-0~10~'[ ·-----------------~~~-J > ,~ ~ ~s_:. _ • 2~ 1~ _ _ _ N 89 ° 20' 08" W _ 475.06~(M-M ) _ C~TY OF M~~TINEZ _ _ N 89° 20' os· W $- MIDHILL ROAD ®1"fo~c7(M-M) LEGEND & ABBREVIATIONS: u.i ~ < a ...J CJ M-M MONUMENT TO MONUMENT POB POINT OF BEGINNING SF SQUARE FEET (T) TOTAL @ STREET MONUMENT -----BOUNDARY LINE ------EASEMENT LINE -------MONUMENT LINE --------CITY LIMIT LINE MERID[ ASSOC!A TES, 1 C. CIVIL ENGINEERS • SURVEYORS 1300A WILLOW PASS COURT CONCORD, CA 94520 925-691-7300 SUNHILL LANE SCALE:1"=200' 100 50 0 100 FbJ===\J I SCALE IN FEET EX HIBIT"B" PLATTOACCOMPANYLEGALDESCRIPTION 200 I PROJECT BOUNDARY SUBDIVISION 9573 -180 MIDHILL ROAD UNINCORPORATED (MARTINEZ)· CONTRA COSTA COUNTY -CALIFORNIA 504 ACKNOWLEDGMENT 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. State of California ) County of ~tfvvfil_ ~ ~ On 5':~ q /itJVj , before me, Jt&s lC!t f}1tJt1t'J ( Notary Public, personally appeared Pa lll A pt,<, boffl 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ !.0 : JESSICA MORAES f -~ ~ Notary Public -Californiil i ~ Contra Costa County i Commission# 2474'130 - My Comm. Expires Dec 26, 2027 (SEAL) 505 506 M 507 M 508 M 509 M 510 M 511 SUBDIVISION AGREEMENT (Gov. Code,§§ 66462 and 66463) Subdivision: SD21-9573 Effective Date: _______________ _ Subdivider: Civic Park Midhill, LLC. Completion Period : ~2~v~e=a~rs~------------- THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY Brian M. Balbas, Public Works Director By : ________________ _ RECOMMENDED FOR APPROVAL: By: ________________ _ Engineering Services Division FORM APPROVED: Silvano B. Marchesi, County Counsel SUBDIVIDER Civic Park Midhill, LLC. Print Name ~~mL--1...:!!.!:~&e~::i...------- Print Title 0'1,l -!Fl> S.r.,JA-:h;,e-Y Print Name: _________________ _ Print Title: __________________ _ [Note : If Subdivider Is a corporaHon , two officers must sign . The first must be the chairma n of the board, pres ident or any vice pres ident; the second must be the secretary , assistant secretary, chief financial officer or any assistant treasurer. (Corp . Code,§ 313 ; Civ. Code ,§ 11°90.) If Subdivider Isa Umiled liability company , Subdivider shall sign in the manner required of corporations. or by two managers , or by one manager , pursuant to the articles of organ ization (see Corp . Code, §§17151 , 17154 , 17157.) If Subdlvlder Is a partnership , any authorized partner may sign . Signatures by Subdivider must be notarized .j 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California (hereinafter "County"), and the above- mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS . Subd ivider agrees to Install cert ain road improvements (both public and private), dra inage Improvements , signs , street lights , fire hydrants , landscaping and such other Improvements (including appurtenant equipment) as required in the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department, as requ ired by the Conditions of Approval for this Subd ivision , and in conformance with the Contra Costa County Ordinance Code , including future amendments thereto (hereinafter "Ordinance Code "). Subdivide r shall complete said improvements (hereinafter "Work") within the above completion period from date hereof, as require·d by the Cal ifornia Subd ivi sion Map Act (G ov . Code , §§ 664!0 et. seq .) In a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder: and where there is a conflict among the improvement plans , the Conditions of Approval and the Ordinance Code , the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement, the Subdivider shall, pursuant to Gov. Code§ 66499 and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee :$ 5,800 cash, plus additional security, in the amount of$ 574.200 , which together total one hundred percent (100%) of the estimated rost of the Work . Such additional security is presented in the form of: _____ Cash , certified check or cashier's check . X Acceptable corporate surety bond . _____ Acceptable Irrevocable letter of credit. With this security, Subdivider guarantees performance under this Agreement and maintenance of the Work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance . 8. For Payment: Security in the amount: $ 290.000 , which is fifty percent (50%) of the estimated cost of the Work . Such security is presented in the form of: _____ Cash, certified check, or cashier's check X Acceptable corporate surety bond. _____ Acceptab le irre vocable letter of credit. With this security , Subdivider guarantees payment to the contractor, to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subd ivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider, the amounts held as security may be reduced in accordance with Secti ons 94--4.406 and 94-4.408 of the Ordinance Code . Page 1 of 2 Form Approved by County Counsel [Rev , 8/08] 512 4 . GUARANTEE AND WARRANTY OF WORK. Subdiv ider guarantees that the Work shall be free from defects in mate ri al or workmans hip and shall perform satisfactorily for a period of one (1) year from and after the Board of Supervisors accepts the Work as complete in accordance with Art icle 96-4 .6 , ·Acceptance ," of the Ordinance Code . Subdivider agrees to correct, repa ir, or replace , at Subdivider's expense , any defects in sa id Work . The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment wo rk for landscaping installed under this Agreement. Said plant establishment work shall consist of adequately watering plants , rep lacing unsu it able plants, doing weed , rodent and other pest control and other work determ ined by the Public Works Department to be necessary to ensure establ!shm~nt of plants. Said plant establishment work shall be performed for a per iod of one (1) year from and after the Board of Superv isors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the Work are adequate IQ accompl ish the Work as promised in Section 2 and as required by the Cond itions of Approval for the Subdiv ision . If, at any time before the Board of Supervisors accepts the Work as complete or durir,g the one-year guarantee period , said improvement plans prove to be inadequate in any respect , Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. In spection of the Work and/or materials , or approval of the Work and/or materials or statement by any officer, agent or employee of the County indicating the Work or any part thereof compiles with the requirements of th is Agreement , or acceptance of the whole or any part of said Wo rk and /o r materials , or payments therefor, or any combination or all of these acts , shall not rel ieve the Subd ivider of its obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts, elective and appointive boards, commissions, officers, agents and employees . B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered , incurred or threatened because of actions defined below, and including personal injury , death , property damage, inverse condemnation , or any combination of these , and regardless of whether or not such liability , claim or damage was unforeseeable at any time before Cou nty reviewed said improvement plans or accepted the Work as complete , and Includin g the defense of any su it(s), action (s), or other proceeding(s) concerning said liabilities and claims. C. The actfons caus ing liability are any act or omission (negl igent or non-negligent) in connection with the matters covered by this Agreement and attributable to Subdivider, contractor, subcontractor, or any officer, agent, or employee of one or more of them . D. Non-Cond itions . The promise and agreement in thi s section are not conditioned or dependent on whether or not any indemnitee has prepared , supplied, or approved any plan(s) or specification(s) in connect io n with this Wo rk or Subd ivision , or has insurance or other indemnification covering any of these matters , or that the alleged damage resu lted partly from any negligent or willful misconduct of any indemnitee . 9. COSTS . Subd ivider shall pay , when due , all the costs of the Work, including but not lim ited to the costs of relocations of existing utilities required thereby ; inspections ; material checks and tests; and other costs incurred by County staff arising from or related to the Work, and prior to acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS . Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11 . NON -PERFOR MANCE AND COSTS . If Subdivider fails to complete the Work within the time specified in this Agreement , and subsequent extens ions, or fails to maintain the Work, County may proceed to complete and/or maintain the Work by contract or otherwise and Subd ivider agrees to pay all costs and charges incurred by County (including , but not lim ited tci, eng ineering, inspection , surveys, contract, overhead, etc.) immediately upon demand. Once action is taken by County to complete or maintain the Work, Subdivider agrees to pay all costs incurred by County, even if Subdivider subsequently completes the Work. Shou ld County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the Work, Subd ivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith, even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/A NNEXATION . If, befor:e the Board of Supervisors accepts the Work as complete , the Subd ivi sion is included in te rritory incorporated as a city or is annexed to an existing city , except as provided in this paragraph , County's rights under this Agreement and/or any deposit, bond , or lette r of credit securing said rights shall be transferred to the new or annexing city . Such city shall have all the rights of a third-party beneficiary against Subdivider, who shall fulfill all the terms of this Agreement as though Subd iv ider had contracted with the city originally . The provisions of paragraph 8 (Indemnity) shall continue to apply in fa vor of the indemnitees listed in paragraph 8.A. upon any such incorporation or annexation . 13. RECORD MAP . In consideration hereof, County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property , and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans, by County and its forces , including contractors , for the purpose of inspection , and , in the event of non-performance of this Agreement by Subdivider, completion and/or maintenance of the Work . G:lengsvc\Land Dev\SDISD 9573\Final Map & Subdivision Agreemenl\AG-30 Subdivision Agreement 5D9573,doc Page 2 of 2 Form Approved by County Counsel [Rev . 8/08) 513 , I Duplicate Original Subdivision: SD21-9573 Bond No,: 070221576 Premium: $3,445.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (Gov. Code, §§ 66499-66499.10) Any claim under this Bond should be sent to the following address: Liberty Mutual -Surety 175 Berke ley Street Boston, MA 02116 1. RECITAL OF SUB OM SION AGREEME NT. The Principal has executed an agreement with tile County of Conlla Costa (hereinafter 'County') to Install and pay for sfree~ drainage and olher improvements ln Subdivision S021-9573 as specified In the Subdivision Agreement, and lo complete said woril wllhln the time specified for ~pl!l Uon in the Subdivision Agreement, all In accordance wilh Stal.e and local laws and rulings thereunder in older lo satisfy condlUons for ffilng of !he Flnal Map or Parcel Map for said subdlllis1on. Under Ille lenns of the Subdivision Agreemen Prirtcipal is required to lumisti a bond lo secure the fallhful performancaof the Subdivision Agreement and payment lo laborers and materialmen. 2. OBLlGA TION. Civic Park Mldhill, LLC. ,:~ , as Principal, and The Ohio Casualty Insurance Compa]y a corporation organized and existing under the laws of the State of_:_N,_,e:..:w.:....:..H.,_,a'-'m=p"'sh'""i"'re"---------·and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it: ($ 574,200 ($ 290 000 Stale of California . 3. (A. Performanre and Guarantee) Five hundred seventy four thousand two hundred and 00/100 ) for Itself or any city assignee under !lie abOve SubdMslon Agreement Dollars (B. Payment) Two hundred ninety thousand and 001100 Dollars l to secure the claims lo which reference is made in Title 'f>./ (commencing with Section 3082) of Part 4 of Division Ill of the Civil Code of the CONDITION. This obligation is subject to the following condilion A. The condition ol this obligation as to Section 2.(A) above Is such that I1 lhe above bounded Principal, his or lls heirs, e.1teculors, administrators, successors or assigns, shan in all lhlngs stand to and abfde by, and well and lluty keep and perf01m the covenants, conditions and provisions In the said agreement and any all eraUon theieol made as lhere ,n provlded , on his or their part , to be kepi and performed at the time and In the manner therein specified, and In all respeclS acoordlng to their true ln lent and meaning, and shall Indemnify and save harmless the Ccunty of Contra Costa (or city assignee), IIS officers, agents and eml)loyees, as therein sUpu faled, \hen !his obligation shall become null and 110 d; otherwise it shall be and remain in full force and effect. As part of lhe obffgaUon secured hereby and in addition to the face amount specified therefor, there shall be Included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Cosla (or city assignee) in successfully enforcing such obligation, and to be taxed as costs and included in any judgment rendered. 8. The conditJon of t,hl:.obll_ga!lon , as to SecUon 2.(8) above, Is such that said Princ ipal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all conllac!Ors, subcon~IOIS, laborers , materialmen and other persons employed in the performance of lhe aforesaid Subdlvislon Agreement and referred to in the afores.ild Crill Code for materials furnished or labor thereon or my kind, or for amounts due under the Unemployment Insurance Act with respect lo this l'/Orll or labor, and !hat !he Surety wml pay !he same In an amount not exceeding I.he amount herelnabove set torth , and also In case sufl iS brought upon lhls bond . W11I pay, in addition to !he face amount th!;reof , costs and reasonable expenses and fees , Including reasonable attorney's fees, incurred by the County of Contra Cosla (or city assignee) in successfu lly enforcing sooh obliga_tlon , 10 be awarded and fixed by the court , and to be taxed as costs and lo be included in the judgment therein rendered. II is hereby expressly stipulated and agreed Iha! this bond shall inure lo the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond . Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in lull force and effect. C. No change, extension of time, alteration, or addition to the terms of said Subdivision Agreement or the work to be performed thereunder or any plan or specifications of said work, agreed to by lhe Princip al and the County of Con~a Costa (or city assignee) shall relieve any Surely ~om flabllity on this bond; and consent is hereby given to make such change, extension al time , alleration or addltlon without lurlher nollce to or consent by Surety; and Surety hereby waives the provisions al Civil Code Section 2819 and holds itself bound wilhoulrcgard lo andindependenlly of any acUop against the Principal whenever taken . SIGNED AND SEALEDon~M=ar~c=h~2~1~----~• 2011_. Principal : Civic Park Midhill , LLC . Address: 1500 Willow Pass Court Concord, CA Zip: 94520 Title : C.EcJ Surety : The Ohio Casualty Insurance Company Address; 1340 Treat Blyd Ste 400 Walnut Creek, CA Zip: 94597 TIiie : Att..>rne'{-in -Fact (N<>tr All signatures must be aci<Q01'ile dged. For corporations, two officers must sign. The firnt signature must lie th;:: of the chainnan of the board, president or vice-president the second signature must be that of the =•t.rl. assistant secretary, chief fi nancial officer, or assistant treasurer. (Civ. Code , § 1190 and Corps . Code , § 313.)] Fann Approved by County Counsel (Rev. 1106] HIFim11\P'N\lmpSec8ond106v,pd 514 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. State of California } .___ ____ __. County of Contra Costa On March 21, 2024 before me, Kenneth J. Goodwin, Notary Public Date Here Insert Name end Title of the Officer personally appeared _J_o_h_n_J_. _D_a_le_y ________ "7"-:""_-e-e----,..,...----,,-,---------- Na me(s) or Signer(s) Place Notary Se al Abo ve who pi:oved to me on the basis of satisfactory evidence to be the person(e}-whose name fs}-is/~ subscribed to the within instrumen t and acknowledged co me that he/sa@/thcy executed the same in his/her,'rheir-authorized capacity~ and that by his /her/t;l3eir signaturet5t on the instrument the person~ or th e entity upon behalf of which the personW acted, execute d the instrument. I certify unde r PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature Ar..:...._-,--,f-=bf.-~~f=t:~d~---- ------------OPTIONAL Though the information belav is not required by law, i t mayprovevaluabe to persons relyfog on the document and could prevent fraudulent removal and rea ttachmen t ofthis form to another document Description of Attached Document Title or Type of Document _B_o_n_d _N_o_. _07_0_2_2_1_57_6 __________________ _ Document Date : March 21 , 2024 Slgner(s) Othenhan Named Above! N/A Capacity(ies) Claimed by Signer( s) Signer's Name: ____________ _ _ Individual _ Corporate Officer --Title(s): _____ _ Partner _Limited _General _Attorney in Fact Trustee _Guardian or Conservator Other: ________ _ Signer Is Representing: ___ _ rM Of'i,o Casualty Insurance ( .riffih:!iri\f D RIGHT THI IMRPRINf OF SIGNER Top of thumb here Number of Pages : _1 ______ _ Signer's Name: ____________ _ Individual _Corporate Officer-Title (s : ~-------- Pa rt n er _Limited _General Attorney in Fact _Trustee _Guardian or Conservator Other: ________ _ Signer Is Representing : ____ _ RIGHT THI IMRPRINT OF SIGN ER Top of thumb here ©2007 National Notary Ass ociation • 9350 be Soto Ave ., P 0-2 0x 2402 "Chatsworth, CA 8131 ~2402 • WWW, NatlonalNotary,org I tern# 59 07 Reorder: Call Toll-Free 1-800-676-6627 515 ~Liber1J. ~ Mutual . SURETY This Power of Attorney lim its the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205138-984475 KNOWN ALL PERSONS BY THESE PRESENTS : That The Ohio Casualty Insurance Company is a corpo ration duly organ ized under lhe laws of th e State of New Hampshire, lh at Lib erty Mutual Insurance Com pany is a eo1po raUon duly organized under th e laws or the St al e of Mass achu se tts , an d West American Insurance Company Is a corporation duly org anized unde r the laws of the State of lndlana (hereln collectively called the 'Companies'), pursuant to and by aulhority herei n set forth , does here by name , constitute and appoint , Amy Chan . John J. Daley, K enneth J. Goodwin all of the city of Walnut Creek state of CA each in dividually if there be more than one named , Its 11\Je and lawful attorney-in-fact to mak e, execute, seal, acJmowledge and deliver, for and on Its be half as surety an d as its act and deed, any and all unde rtakings , bonds , recognizances and other sure ty ob lrgallo ns, in pursuance of these prese nts and shall be as bl ndirig upon the Compa nies as ~ they have been duly signed by the presid e/JI an d attested by lhe secrelary of lh e Companies In the ir own proper persons . IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this !st day of April .~- Liberty Mutual Insurance Company The Ohio Casualty Insurance Company fil w .. _•2,1;;::4°""""' -~ ~ 2 By: ~~ /, / 'S--' c David M. Carey , Assistant Secretary o-~ :g° i State of PEN NSYLVANIA ss -~ :5 ~ Cl County of MONTGOMERY ,g ! ~ ~ On this __!L day of April , ~ befo re me person ally app eared David M. Carey , who ac knowl edged himself to be the Assistan t Sectetary of Liberty Mutual Insurance !:! ~ ~ ro Compan y, The Ohio Casualty Company, and West Ame ric an In su ra nce Com pany, and that he, as such, bein g aut horized so to do, execute the foregoing instrument for the purposes ~ = ~ ~ therein contai ned by signing on behalf of th e corporati ons by himself as a duly auth orized officer. ~ ~ ~~ ~ c:: 32 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written . 0 Cl) roOO ~Q .2 ~ CommonweaAh of f'eMsylvonia. -ry Seal ";:2: Q) 0 Teresa Pastella, Notary Publi c /1:-....... g ~ 'iii _ (I) Mon tgom ery Co unty (I/, ~ _ . , I! + ;/ J ,._ E 0 -My commis sion expires March 28. 2025 By: ~ ~ 0 (I) C ro ~ !l' Cam,n,ss,onnumber11 26 044 =i-'-----,=---c--,-,....,...----,,-,-,,.-------------t~ ,._ (I)-;: ~"'-sv~~l'-"':f, Member, PeM1yiv .... Associit""' ol Notanes Tere sa Pastella , Notary Pu blic ~ 0 g>fil 4RY ~'o ~~ Cl ~(!) (I)~ t:: _ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ?: °t Eo .!: Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows : g_ ~ -(X) ~ 2 ARTICLE IV -OFFICERS: Section 12. Power of Attorney . 0 0 .E ~ Any officer or other olflcial of th e Corporati on au tho riz ed for lh al purpose in writl ng by lhe Chairman or the President. and subject to such [Imitati on as the Chairm an or the :-a ..... ;g i:j' Presiden t may prescribe, shall appoint such atto meys•ln-fact, as may be necessary lo act in behalf of th e Corporatio n to make, execute, seal, ack nowled ge and deliver as surety li; ~ ~ ai any and all undertaki ngs , bonds , recogni za nces and olh er surety oblig ation s. Such atto meys-l n-fac~ subject to the limitations set fo rth in their respective powers of attorn ey , shall -o ~ -I:: have lu ll power to bind the Corporation by lh eir sign atu re and execution of any such instruments and to attach thereto lhe seal of the Corporation . When so ex ecuted , such § <1> ~ G instruments sh all be as binding as if signed by th e Presi de nt and attested to by the Secretary . Any power or authority granted to any representative or attorney-in-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ t ARTICLE XIII-Execution of Contracts : Section 5. Surety Bonds and Undertakings . Any officer of the Co mpany authorized fo r lh at purp ose in writi ng by th e cha ir man or the preside nt, and su bject to such limitations as the chairman or lhe presid ent may prescribe , shall app oint such altomeys-in -lac~ as may be necessary lo act In be half of the Com pany to make , execute , seal , ack nowledge and deliver as surety any and all undertakin gs, bon ds, recogniza nces and oth er su re ty obliga tio ns. Such attorneys-in-fa ct su bject to the limitations set forth in their respective powers or attorney , shall have full powe r 10 bind the Company by their signa tu re and execu ti on cf any su ch Instru ments an d to attach th ereto th e sea l of th e Comp any . When so executed such instru ments shall be as blnding as ff signed by the president and attested by the secretary . Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Compan y, authorizes David M. Carey, Ass istant Secretary to appoint such attomeys -in- fact as may be nece ssary to act on behalf of the Company to make , execute, seal , acknowledge and delive r as surety any and all undertakings , bonds, recog nizan ces and other surety obligations . Authorization -By unanimous consent of the Com pany's Board of Directors, the Company consents lha t facslmlle or mechanically reproduced signature of any assistant secretary of the Company , wherever appearing upon a certified copy of any power of attorney issued by the Company in connecti on with surety bonds , shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn , the undersigned , Assistant Secretary, The Ohio Casualty Insurance Company , Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney al which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies , is in full force and effect and has not been revoked . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the sea ls of said Companies this 21st day of M arch , _ 202 4 . LMS-12873 LMI C OCIC WAIC Multi Co 02/2 1 m~ By :=-~~--,;-.,.,----..---:--,-~-=----:---------Renee C. Llevielly11, Assistant ~ecretary 516 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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. State of California On MJUGV\ 2212024 beforeme, /_jW Yi'.,,,[ N VYJQ,2 , Notary Public, -\r-.n\ (\J.rA ~Her~ r ;l /nadme and title ofthe officer) personally appeared -----------''-..J=-~=--.,""------'---'~_,_ _ _.1LlL1[ft---"----'----=---------'-...,lu,..._1_~VI-----------------~ who proved to me on the basis of satisfactory evidence to be the person~ whose name ~/are subscribed to the within instrument and acknow ledged to me that@'she/they executedl he same in @ her/their authorized capacity~, and that by ~her/their signatur~on the instrument the perso n'W., or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~.~ (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE A TT ACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ____ _ (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other ___________ _ INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer( s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /&Fe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. -All Rights Reserved www.ThcProLink.com -Nationwide Notary Service 517 V©IDAFTER 6/27124 Tax Collector's Office 625 Court Street Finance Building, Room 100 P. 0. Box 631 Martinez, California 94553-0063 (925) 608-9500 (925) 608-9598 (FAX) Contra Costa County Date: 5/13/2024 Old Republic I$ 47.00 Dan M. Mierzwa County Treasurer-Tax Collector Lulis Lopez Assistant Tax Collector Danielle Goodbar Tax Operations Supervisor IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R& T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS# City T.R.A. 9573 Martinez 76051 Parcel #: 161-280-005-0 161-280-034-0 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2023-2024 tax lien has been paid in full. Our estimate of the 2024-2025 tax lien, which became a Lien on the 1st day of January, 2024 is: $15,640.00 This tract is not subject to a 1915 Act Bond . The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. DAN M. MIERZWA 518 PRINCIPAL TITLE COMPANY Civic Park Micib ill. LL C O ld Repu bl ic Title Co m pany 1500 Willow Pass Court 1000 Burnett Ave., #400 Street Address Street Address Concord , CA 94520 Concord , CA 94520 City , State , Zip City , State, Zip Alex TaQQin Dawn Cabral Contact Person Contact Person (925) 685-0110 (925) 687-7880 Phone Number Phone Number BOND AGAINST TAXES Bond Number: 070223416 Premium : $100.00 SURETY The Ohio Casualty Insu rance Company 1340 Treat Blvd.1 Ste 400 Street Address Walnut Creek, CA 94597 City, State , Zip Daniel Livesey Contact Person (925) 433-4493 Phone Number KNOW ALL MEN BY THESE PRESENTS: THAT Civic Park Midhill LLC , as Principal and The Ohio Casua lty Insurance Com Qany , as Surety, a corporation organized and existing under the laws of the State of New Hampshire and authorized to transact surety business in California are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of FIFTEEN THOUSAND SIX HUNDRED FORTY DOLLARS ($15,640.00), to be paid to the said County of Contra Costa, for the payment of which will and truly be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 9th day of _=M=ay..._ ____ _ 2024. The conditions of the above obligation is such that WHEREAS , the above bound Principal is about to file map(s) entitled SUBDIVISION 9573 covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, for the 2024-2025 tax year, against said tract of land covered by said map(s), which taxes and special assessments collected as taxes, are not as yet due or payable. NOW THEREFORE, if said Principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map , then this obligation shall be void and of no effect. Otherwise it shall remain in fu ll ce and effect. SURETY: The Ohio Casualty Insurance Company By : __________ _ (ALL SIGNATURES MUST BE NOTARIZED) Q ) . j DATE : _ 5 _ 16 _'lO'LY BOND REVIE W•D AND APPROVED CONTRA COSTA COUNTY B~~E~~:&~~OR 519 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. State of Califo rnia } ,___ ____ __, County of Contra Costa On May 9, 2024 Date before me, Kenneth J. Goodwi n, Notary Public Here Insert Nam e end Till e of the Offi cer personally appeared _J_o_h_n_J_._D_a_le-'y'-------------~---------- Name(s) or Signer(s) eeeo e eee ei ~•r~~; KENNETH J. GOODWIN .. Nota ry Public • Ca liforni a z Contra Co sta County ~ Commission /1 243265 1 y Comm. Ex pi re5 Dec 27, 20 26 Pl ace Notary Seal Abo ve who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/-&f& subscribed to the within in strume nt and ackn owledged to me that he/sl:te/tall)' e.,ecuted the same in his/liC£,'eh etr authorized capacity~, and that by his/a.er/tai!i!: signature(sf on the instrument the person~ or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Ca · ornia that the foregoing paragraph is true and correct. WITNESS Signature ~~,.......JL.!__J.~::!r::::~:!;;~:::::....<::::;:::=---- ------------OPTIONAL Though the infonnarion below is nor required by Jaw, ir may prove valuable ro perso{Js relying on rhe document and could prevenr fraudu7enr removal and rearrachmenr ofthis form ro anorher documenr Description of Attached Document Title or Type of Document Bond Number: 070223416 Document Date : _M_a...:,y_9_,_2_o2_4 ____________ Number of Pages: _O_n_e...:,(0_1_) ____ _ Slgner(s) Other Than Named Above! _N_/A _____________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name : John J. Daley _Individual _ Corporate Officer -Title(s): _____ _ Partner _Limited _General . '6Attorney in Fact Trustee Top of thum .b here -Guardian or Conservator Other: --------- Signer Is Representing: The Ohio Casualty Insurance Company Signer's Name: ____________ _ Individual Corporate Officer -Title( s): , ________ _ Partner _Limited __ General Attorney in Fact _Trustee _Guardian or Conservator Other. ________ _ Signer Is Representing: ___ _ Top of thumb here ~2007 National Notary Association • 9350 be Soto Ave .. , P.0.20x 240 2 'Chatsworth , CA 8131 ~2402 • www,Natlon al Notary,org Item# 5907 Re orde r. Call Toll-Free 1-800-676-6627 520 ~ Libert_x \P Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated . liberty Mu tua l Insurance Compa ny The Ohio Casua lty Insu ra nce Compa ny West American Insurance Company POWER OF ATTORNEY Certificate No : 8205138-984475 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire , that . Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth , does hereby name , constitute and appoint , Am y Chan , John J , Dal ey, Kenn eth J. Goodwin all of the city of Waln ut Cree k state of CA each individually if there be more than one named, its true and lawful attorney·in·fact to make , execute, seal, acknowl edge and deliver, fo r and on Its behal f as surety and as its act an d deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons . IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this I st day of April , ~- Liberty Mutual Insurance Company The Ohio Casualty Insurance Company i __ ___:__._ ~,w~j ~~ d ~ ~ David M. Carey, Ass istan t SeCfelaly -~ ~ ,u Stale of PENNSYLVANIA ss -~ 5, County of MONTGOMERY .§ E u --~ On this _l_s_t _day of Apri l , ~ before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance rl Cll ~ m Company , The Ohio Casually Company , and Wes t American Insurance Company, and that he , as such, being authorized so to do, execute the foregoing instrument for the purposes 1§ El !! .:'. therein contained by signing on behalf of the corporations by himself as a duly authorized office r. ~@) Q) 11) ~ -::::, IN WITNESS WHEREOF , I have hereunto subscribed my name and aff1Xed my notar ial seal at King of Prussia , Pennsylvania , on the day and year first above written. <( c~ ow ro~ ~o 0 ~ ,---~-------.,......... -I -Comll\CXlWOalrl, of Pennsylv ania • N<AAry Seal >--ai O Teresa Pa slella , Nolary Public d °'c: 'i'ij ..., Mon lgo mery County 1/ -J-,I J ._ E 0~ Mycommissionexpires March28,2025 By: L1 . ...-1 ar.a.1..J ~ 0 a, c_ ~ ~ ~., Commlssloo num ber 112604~ -d--~-~~-~-------------1~ ._ Q) -~~l.'<?', ,,:f' Mtmber, PeMS)1vl nl• A'50<iitio<l olNolane, -0 g> fil Allr( p\l~ 0 ~ O)._Q) ~N t::..., This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Au th orizations of The Ohio Casualty Insurance Company , Liberty Mutual ~ <? ~ .!:_ Insurance Company, and West American Insurance Company wh ich resolutions are now in full force and effect rea ding as follows : fr.~ ~ 2 ARTICLE IV-OFFICERS: Section 12 . Power of Attorney . 0 °i' .E ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the :c; ~ ;g r;-President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ~ ~ ~ fil any and all undertakings, bonds , recognizances and other surety obligations . Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -o ~ 0 t: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such 5 a, z i3 instruments shall be as binding as if signed by the President and attested to by the Secretary . Any power or authority granted to any representative or attorney-i n-fact under the ~ gj provisions of this article may be revoked at any time by the Board, the Chairman , the President or by the officer or officers granting such power or authority . if: i ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds , recognizances and other surety obligations . Such attorneys-i n-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary . Certificate of Designation -The President of the Company, acting pursuan t to the Bylaws of the Comp any, authorizes David M. Carey , Ass istant Secretary to appoint such attorneys-in- tact as may be necessary to act on behalf of the Company to make , ex ecute, seal, acknowledge and deliver as surety any and all undertakings, bonds , recognizances and other surety ob ligati ons. Authorization -By unan imou s con sent of the Company's Board of Directors , the Company consents that facsimil e or mechanically reproduced signature of any assistant secretary of the Com pa ny, whereve r appe aring upo n a_ certified copy of any power of attorn ey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with th e same force and effect as thoug h manua ll y afflXed. I, Re nee C. Ll ewelly n, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company , Liberty Mutual Insurance Company, and West American Insurance Company do hereb y certify tl]at the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Compan ies, is in full force and effect and has not been re vo ked . IN TESTIMONY WHEREOF , I have hereunto set my hand and aff1Xed the seals of said Compan:es this 9th day of May , 2024 . LMS-1 2873 LMIC OCIC WAIC Multi Co 02/21 ~·'+-By:=--~-------,,....,..,..~,---~..,.......,,..,....--,----------Renee C. Llewellyn, Assistant Secretary .. 521 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this ce rtificate 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. State of California County of Contra Costa On May 10, 2024 before me , Laurel Nunez , Notary Public, (Here insert nam e and title of the officer) personally appeared _J_o_e _l _C_ra_wf_o_r_d _________________________ _____,, who proved to me on the ba sis of sat is fa ctory evidence to be the pers ont() w hose name~are subscr ibed to the within instrument and acknowledged to me that ~/she/they executed t he same in ~er/their authorized capacity"tis(), and that by @);/her/their signaturew on the in s trument th e personW , or the entity upon behalf of which the perso ~ acted , ex ecuted 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. ~rV;l~t/l~ • /~-~.: ,.. LAUREL NUNEZ l -/ ; Notary Public • California ! ~ _ ;: Contra Costa County f ~ Commission It 2425856 - My Comm. Expires Nov 8, 2026 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE A TT ACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ____ _ (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact 0 Trustee(s) D Other ___________ _ INSTRUCTIONS FOR COMPLETING nns FORM A11y acla 1ow ledg111e111 co mpleted i11 California 11111st co ma /n verbiage exactly as appears above /11 th e 11 otary sectio11 or a separate aclc11owledg111e111 /om , 11111st be properly completed and al/ached 10 that doc 11me111. 771e only exception Is if a docume/11 Is to be recorded olllside of Ca liforn ia. 111 such instan ces, any altem atfre aclc1101v ledgme111 verbiage as may bt printed 011 such a doc11111e111 so long as th e verbiage does not require the notary 10 do so111 ethi11g that is illegal for a notary /11 Call/amia (i.e . certifying th e a111h orized capacity of th e signe r). 'Please cl1eclc the doc11111 e11 1 caref ully for proper notarial wording a11d a/loch this /om, if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed . • The notary public must print his or her name as it appears with in his or her commission followe d by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indi ca te the co rrec t singular or plural fo rm s by c rossi ng off incorrect fonns (i.e. tie/she/~ is /ate ) or circli ng the correct fo rms . Fail ure to correctly indicate this informati o n may lead to rejection of document recording. • The notal)' seal imp ressio n must be clear and photographically reprod ucible. Im pression must no t cover text o r lines , If seal im pression sm udges, re -seal if a sufficien t area pe rmits. oth erwise complete a different acknowledgment form . • Signature of the notary pub I ic must match the signature on file with the office of the county clerk . ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indi cate title o r type of a tt ached docum e nt , number of pages and date . ❖ Indica te the capacity c lai med by the signe r. If the c lai med capacity is a corporate officer, indicate th e tide (i .e . CEO CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. -All Rights Re served www.ThcProLink.com -Nationwide Notary Servi.cc 522 Recorded at the request of: Clerk of the Board Return To: Public Works Dept THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on _______________________________by the following vote: Resolution No. IN THE MATTER OF ADOPTING a list of projects for Fiscal Year 2024/2025 funded by Senate Bill 1 (SB1): The Road Repair and Accountability Act of 2017. WHEREAS SB1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our County are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the County must adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the County will receive an estimated $21.1 million in RMRA funding in Fiscal Year 2024/2025 from SB1; and WHEREAS, this is the eighth fiscal year in which the County is receiving SB1 funding and will enable the County to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the County has undergone a public process to ensure public input into our community’s transportation priorities/project list; and WHEREAS, the County used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and AYE: NO: ABSENT: ABSTAIN: RECUSE: 523 WHEREAS, the funding from SB1 will help the County maintain and rehabilitate its roadways at a significantly higher level, add active transportation infrastructure throughout the County this fiscal year and hundreds of similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the County’s streets roads are in a good condition and this revenue will help the us increase the overall quality of our road system and over the next decade will bring our roads into an excellent condition; and WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE, BE IT RESOLVED by the Contra Costa County Board of Supervisors, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The following list of proposed projects will be funded in-part or solely with Fiscal Year 2024/2025 Road Maintenance and Rehabilitation Account revenues: PROPOSED PROJECTS (Total RMRA = $21,135,384) Proposed Project No. 1: Road Drainage Maintenance (RMRA = $2,150,000) (Countywide) Descriptions: • Ditch Cleaning (6U2303) – This routine item includes utilizing County staff to perform drainage ditch cleaning to remove debris and vegetation, which may obstruct the passage of stormwater and cause local flooding. (RMRA = $550,000) • Flush Culvert (6U2306) – This routine item includes utilizing County staff to perform work associated with the cleaning of culverts by flushing with water and removing debris to ensure proper drainage and reduce flooding. (RMRA = $500,000) • Clean Catch Basins (6U2308) – This routine item includes utilizing County staff to perform cleaning of sediment and preventing obstructions of catch basins (drainage inlets) and related pipe systems. (RMRA = $800,000) • Inspect Catch Basins (6U2316) – This routine item includes utilizing County staff to perform inspections of catch basins and associated systems. This includes a visual inspection of the drainage inlet and any clean water inserts. Follow-up video inspections may be required for deeper inlets and/or suspected structural issues concerning the inlets. (RMRA = $300,000) 524 RMRA Priority: • Road Maintenance and Rehabilitation Location: • Countywide Proposed Schedule for Completion: • Anticipated construction year – FY 2024/2025 Estimated Useful Life: • 15–40 years (ditch/dirt roadway to concrete V-ditch) • 40 years (concrete structures) Proposed Project No. 2: Traffic Safety Devices Maintenance (RMRA = $2,120,000) (Countywide) Description: • Replace Pavement Markers (6U2405) – This routine item includes utilizing County staff to replace pavement markers on the roadway as needed. (RMRA = $70,000) • Repair and Replace Guardrails (6U2502) – This routine item includes utilizing County staff to install new guardrails and repairing existing guardrails. (RMRA = $150,000) • Traffic Signing (6U2504) – This routine item includes utilizing County staff to repair, replace, and install roadway signage. (RMRA = $400,000) • Traffic Striping (6U2505) – This routine item includes utilizing County staff to install traffic striping, routine repainting of traffic striping, and replacement of pavement striping along County roadways to enhance public safety. (RMRA = $350,000) • Paint Pavement Markings (6U2506) – This routine item includes utilizing County staff to install pavement marking paintings, routine repainting, and replacing existing pavement markings along County roadways. (RMRA = $200,000) • Inspect and Maintain Guardrails (6U2527) – This routine item includes utilizing County staff to inspect and maintain County-maintained guardrails, which includes inspection of condition, tightening of nuts and bolts, and other adjustments to ensure that the guardrails perform as designed. (RMRA = $100,000) • Thermoplastic Pavement Markings (6U2537) – This routine item includes utilizing County staff to install new striping and maintain and replace existing thermoplastic pavement markings. (RMRA = $100,000) • Signals and Flashers (6U2802) – This routine item includes utilizing County staff to repair, install, and replace County-maintained signals and flashers. (RMRA = $750,000) 525 RMRA Priority: • Road Maintenance and Rehabilitation Location: • Countywide Proposed Schedule for Completion: • Anticipated construction year – FY 2024/2025 Estimated Useful Life: • 10 years (roadway signage) • 5–7 years (roadway striping – thermoplastic) Proposed Project No. 3: Structure Maintenance (RMRA = $1,400,000) (Countywide) Description: • Bridge Repair (6U2507) – This routine item includes utilizing County staff to maintain and repair existing bridges to restore rails and surfaces. (RMRA = $250,000) • Repair and Replace Curbs and Sidewalks (6U2511) – This routine item includes utilizing County staff to repair and replace cracked, broken, or displaced sidewalk sections. (RMRA = $150,000) • Repair and Replace Culverts (6U2512) – This routine item includes utilizing County staff to repair and replace culvert and drainage facilities that are collapsed, rusted out, nonstandard, or damaged. Work includes inspecting the complete drainage system. (RMRA = $700,000) • Repair Minor Landslides (6U2546) – This routine item includes utilizing County staff to regrade and rebuild existing retaining walls near County roadways after minor landslides to enhance public safety. (RMRA = $300,000) RMRA Priority: • Road Maintenance and Rehabilitation Location: • Countywide Proposed Schedule for Completion: • Anticipated construction year – FY 2024/2025 Estimated Useful Life: • 10–15 years (bridge repairs) • 40 years (concrete curbs and sidewalks) • 50+ years (culverts) • 10–20 years (landslide repairs) 526 Proposed Project No. 4: Pavement Repairs and Preparation (RMRA = $1,300,000) (Countywide) Description: • Pothole Patching (6U2101) – This routine maintenance item includes utilizing County staff to perform spot pavement repairs of potholes along County roadways to eliminate surface hazards. (RMRA = $450,000) • Pavement Fabric Patching (6U2102) – This routine maintenance item includes utilizing County staff to perform pavement fabric patching along County roadways to correct minor pavement defects and prevent further cracking. An area of existing damaged asphalt will be removed and excavated to allow a fabric patch to be placed. The roadway base will be compacted and leveled to support the new fabric layer and asphalt layer. (RMRA = $200,000) • Pavement Failure Repair - Backhoe (6U2103) – This routing maintenance item includes utilizing County staff to remove and restore badly cracked or broken pavement, shoulder, or base material. (RMRA = $650,000) RMRA Priority: • Road Maintenance and Rehabilitation Location: • Countywide Proposed Schedule for Completion: • Anticipated construction year – FY 2024/2025 Estimated Useful Life: • 7 years (pavement repairs) Proposed Project No. 5: Countywide Surface Treatments (RMRA = $14,165,384) (Countywide) Description: • 2023 Countywide Surface Treatment (6U2112) – This multi-year project will apply an asphalt rubber cape seal, slurry seal, or microsurface to 109 lane miles of roadways in the Bay Point, Pacheco, and Contra Costa Centre areas as well as a section of Kirker Pass Road. Work will also include surface preparation and pavement of striping and markings. (RMRA = $6,323,712) • 2023 Countywide Pavement Digouts (6U2025) – The work done in FY 2023/2024 consisted of pavement digouts and base failure repairs in the unincorporated Bay Point, Lafayette, Pacheco, Contra Costa Centre areas, and Kirker Pass Road. Work in the Bay Point Area (Site 1) included mill and overlay with placement of thermoplastic striping and markings on North Broadway. Work in the Pacheco Area (Site 2) included mill and 527 overlay with placement of thermoplastic striping and markings on Concord Ave. Work in the Lafayette Area (Site 5) included mill and overlay of three cul-de-sacs; Jennifer Highlands Ct., Dana Highlands Ct., and Julie Highlands Ct. Work in all areas also included placement of temporary paint striping, pavement failure repair, and traffic signal loop installation. Funds are needed in FY 2024/2025 to conduct the warranty walkthroughs of the project. (RMRA = $15,000) • 2024 Single Chip Seal (6U2117) – This project will utilize County staff to apply a single chip seal as a pavement preservation project to various roads in the Crockett and El Sobrante areas. Work will also include surface preparation and pavement striping and markings. (RMRA = $200,000) • 2024 Double Chip Seal (6U2118) – This project will utilize County staff to apply a double chip seal as a pavement preservation project to various roads in the Blackhawk, Crockett, and Tassajara areas. Work will also include surface preparation and pavement striping and markings. (RMRA = $2,800,000) • 2024 Countywide Surface Treatment – This project will apply an asphalt rubber cape seal, slurry seal, or microsurface to various roads in the Blackhawk, Crockett, East Richmond Heights, El Sobrante, Kensington, and Rodeo areas. The work will also include preparation and pavement of striping and markings. (RMRA = $4,826,672) RMRA Priority: • Road Maintenance and Rehabilitation Location: • Countywide (Bay Point, Blackhawk, Contra Costa Centre, Crockett, El Sobrante, Lafayette and Pacheco communities and along Kirker Pass Road) Proposed Schedule for Completion: • Anticipated construction year – FY 2023/2024 and 2024/2025 Estimated Useful Life: • 7 years (pavement surface treatment) Contact: I hereby certify that this is 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: , Deputy Cc: Warren Lai, Public Works Director Steve Kowalewski, Chief Deputy Public Works Director Jerry Fahy, Transportation Engineering 528 529 530 531 532 533 534 535 536 537 538 539 540 Re: Description of Project TDA Article 3 Amount Total Project Cost 1 Village Rd/Cowell Rd Crossing Improvement $90,000 $370,000 2 Pacheco/Arreba Pedestrian Improvements $100,000 $140,000 3 Glorietta Boulevard Pathway - Phase 2 $90,000 $330,000 4 Safe Routes to School Program Improvements $50,000 $130,000 5 Bicycle and Pedestrian Safety Education $50,000 $50,000 6 Rectangular Rapid Flashing Beacon Crossing Improvements $75,000 $129,356 7 Mt. Diablo Boulevard Crossing Enhancement at Hampton Road $50,000 $440,000 8 Corliss Drive Safe Routes to School $110,000 $1,465,110 9 Brentwood Bicycle and Pedestrian Improvements $100,000 $205,000 10 Sycamore Ave. Bicycle and Pedestrian East-West Connector Project $135,000 $1,598,000 11 Miranda Avenue Safe Routes to School $75,000 $888,000 12 Timber Point Crosswalk Improvements $50,000 $324,000 13 Olinda Road Crosswalk Improvement $75,000 $385,000 14 Mitchell Canyon Road Pedestrian Path Improvement $50,000 $210,000 TOTALS $1,100,000 $6,664,466 ATTACHMENT A Submittal of Countywide Coordinated Claim to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/2025 TDA Article 3 Pedestrian/Bicycle Project Funds to Claimants in CONTRA COSTA COUNTY. 541 Exhibit 1 542 543 544 545 546 547 548 Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 State of California STATEWIDE CONTRACT USER INSTRUCTIONS All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks, *, and deletions are enclosed in brackets, []. MANDATORY *Supplement 5* ISSUE AND EFFECTIVE DATE: *1/9/2024* CONTRACT NUMBER: 1-22-71-52 DESCRIPTION: Modular Systems Furniture (MSF) CONTRACTOR: *The Inside Source, Inc.* CONTRACT TERM: 10/24/2022 through 10/23/2025 STATE CONTRACT ADMINISTRATOR: Rudolph Jimenez (279) 946-8312 Rudolph.Jimenez@dgs.ca.gov The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions: Non-IT General Provisions (rev 11/19/2021) (https://www.dgs.ca.gov/- /media/199A6A32E4DE4BECAFF4EFA7194350CD.ashx) Cal eProcure link: www.caleprocure.ca.gov ORDER PLACEMENT INFORMATION Mailing Address: *The Inside Source, Inc. 985 Industrial Rd, Suite 101 San Carlos CA 94070* Fax/Email: Fax: N/A Order Email: *soc-orders@insidesource.com* Contact Information: *The Inside Source, Inc.* John Schwartz Phone: (510) 385-1641 Email: *jschwartz@insideource.com* 549 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 2 1/9/2024 All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets. SUMMARY OF CHANGES Supplement Number Description/Articles Supplement Date *5* *Subject contract for MSF is hereby modified to reflect the following changes:  Contractor has completed merger and is now The Inside Source, Inc. with contact information changes, the following articles have been updated: o Cover Page o Article 1, Scope o Article 10, Customer Service o Article 16, Ordering Procedure o Article 30, Contract Administration o Article 37, California Sellers Permit  Payee Data Record Updated to reflect change.* *1/9/2024* 4 Subject contract for MSF is hereby modified to reflect the following changes:  Attachment C – State of CA Price List 2022 has been removed and replaced with a hyperlink within Section 11, Catalog/Contract Contents  Contract list items have been added.  Contract list items have been increased. 10/26/2023 3 Subject contract for MSF is hereby modified to reflect the following changes:  Contractor merged and is now The Inside Source Inc, dba Sam Clar Office Furniture.  Payee Data Record Updated to reflect change. 4/27/2023 2 Subject contract for MSF is hereby modified to reflect the following changes:  Article 1, Scope, has been updated to add Ancillary Furniture Design Groups  Article 7, Contract Rates: o Ancillary Furniture Design Group product discounts have been added to the contract.  Article 8, Additional Requirements section has been added to include mandatory terms. 2/14/2023 550 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 3 1/9/2024 Supplement Number Description/Articles Supplement Date  Article 11, Catalog, Ancillary Furniture Design Groups Product Discounts have been added to the contract.  Article 15, Minimum Order, a one dollar ($1) minimum purchase is required for Ancillary Furniture Design Groups.  Article 28, Installation, has been updated to include Ancillary Furniture Design Groups.  Article 38, Warranty, Non-Obsolescence language has been added to the User Instructions.  Article 45, Attachments, Attachment has been added to the contract. 1 Subject contract for MSF is hereby modified to reflect the following changes:  Cover Page  Article 29, Contract Administration has been updated to reflect the new Contract Administrator contact information 11/9/2022 N/A Original Contract Posted 10/24/2022 All other terms and conditions remain the same. 551 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 4 1/9/2024 552 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 5 1/9/2024 553 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 6 1/9/2024 SCOPE The State’s contract with *The Inside Source, Inc.* (Contractor) provides Terrace and Ancillary Furniture Design Groups (AFDG) at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22- 71-52. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of MSF and AFDG to the State. The contract term is for three (3) years with an option to extend the contract for two (2) additional one year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term. CONTRACT USAGE/RULES A. State Departments  The use of this contract is mandatory for all State of California departments after the ordering State department checks with Surplus Property and after a waiver is issued by Prison Industry Authority (PIA).  State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable. The installation of Modular Systems Furniture is considered Public Works. Prevailing wages will be paid to all installers by the Contractor. It is the responsibility of the ordering department to keep track of all hourly charges. It is not necessary for the ordering department to file a PWC 100 form with the Department of Industrial Relations.  Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at pams@dgs.ca.gov.  State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department ’s fiscal office to obtain this information. B. Local Governmental Agencies  Local governmental agency use of this contract is optional.  Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) 554 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 7 1/9/2024 and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.  Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilit ies as do State departments and have no authority to amend, modify or change any condition of the contract.  A DGS issued billing code is not required for local governmental agencies to place orders against this contract. C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article. DGS ADMINISTRATIVE FEES A. State Departments The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division). B. Local Governmental Agencies For all local government agency transactions issued against the contract , the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees. SB/DVBE OFF-RAMP PROVISION There is no SB/DVBE off ramp associated with this contract. 555 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 8 1/9/2024 EXEMPT PURCHASES To purchase MSF outside of the mandatory contract, the State department must file for a waiver with the DGS-PD CA. Waiver request shall include waiver approval from PIA. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents). CONTRACT RATES Item Description: Rates: MSF Parts Uninstalled Discount 85% Off of List Pricing MSF Parts Installed Discount 81% Off of List Pricing MSF Parts Installed After Hours Discount 80% % Off of List Pricing Hourly Rate for Field Verification Rework Of Plot Drawings and Design Work Requirements. Hourly Rates $65.00 Ordering Agency must keep track of Hours Percentage of Project Cost for Quick Ship Surcharge (Emergency/Expedited Orders) 2% of Project Cost Storage/Warehousing Rates - (This includes all assessorial charges) .22 Cents for every 100 lbs. Approval with Weight Certification Hourly Rate for Travel Time - Field Verification Hourly Rates $65.00 Ordering Agency must keep track of Hours Ancillary Furniture Design Groups Segment ID Products Discount Off of List Price A1 Vertical Files, Stride Storage, Involve Storage, Radii Metal Storage, Mural, Further 63.50% A2 Trooper and Nimble Seating 64.10% A3 Relate Seating 53.20% A4 Acuity, Seek, Inspire, Mimeo, Lyric, Pli, O6, Quip, Svelte and Evo Seating 53.30% A5 Structure and Aware Tables 68.60% 556 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 9 1/9/2024 A6 Approach, Stride Painted Wood & Laminate, Casegoods Veneer, Veneer Worksurfaces, New Product Offering 57.80% A7 Involve, Linger, Reflect, Rise, Clubhouse, CoHo, Parallel, Park, Peak, Recharge, Clarity, Picnic, Summit, Take-5, Sketch, Belong, Harvest, Transfer, Vicinity Seating, Jetty:mod, Townhall, Retreat, Two Thirds, Vicinity Lounge 47.50% A8 Accessories 51.00% A9 Beyond 50.00% A10 Aspect 53.80% A11 All Gunlocke Brand Product 48.40% ADDITIONAL REQUIREMENTS AFDG  The purchase of ancillary furniture products shall be an integral part of project completion.  Solitary purchases for ancillary furniture products shall not be permitted.  A separate catalog will be provided for ancillary products.  Separate purchase orders shall be executed for ancillary products  The purchase of ancillary furniture products shall not exceed 50 percent of the total purchase dollar value of the project. Any purchases exceeding 50 percent shall require the Contract Administrator’s approval.  All ancillary furniture products offered and/or purchased shall meet all specifications, standards, and codes as specified in Attachment 2, Bid Specification – 7110-5826. SPECIFICATIONS All products listed on Attachment A, Contract Pricing, must conform to Attachment B, Bid Specification Number 7110-5826, dated 3/7/2022. CUSTOMER SERVICE Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT). Contact Phone Email John Schwartz (510) 385-1641 *jschwartz@insideource.com* CATALOG/CONTRACT CONTENTS https://samclar.com/msf/ Attachment E – AFDG Discounts 557 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 10 1/9/2024 PRODUCT SUBSTITUTIONS Product substitution shall be in accordance with the General Provisions (rev 11/19/21), Article 16 entitled “Substitutions”. The Contractor shall not substitute products or configurations or modify catalog information without written approval from the State CA. The Contractor will maintain the contract discount as bid throughout the original term of the contract and any extensions, including upon approved substitution. PROMOTIONAL PRICING The Contractor shall immediately notify the DGS Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines. PURCHASE EXECUTION A. State Departments 1) Std. 65 Purchase Documents State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms). All Purchasing Authority Purchase Orders (Std. 65) must contain the following:  Agency Order Number (Purchase Order Number)  Ordering Agency Name  Agency Billing Code  Purchasing Authority Number  Leveraged Procurement Number (Contract Number)  Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)  Line Item number  Quantity  Unit of Measure  Commodity Code Number  Product Description  Unit Price  Extension Price 558 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 11 1/9/2024 2) FI$CAL Purchase Documents State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures. 3) Blanket Orders The use of blanket purchase orders against this statewide contract is not allowed. B. Local Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only). MINIMUM ORDER There is no minimum order for this contract. A one dollar ($1) minimum purchase is required for ancillary furniture products. ORDERING PROCEDURE Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:  U.S. Mail  Facsimile  Email The Contractor’s Order Placement Information is as follows: ORDER PLACEMENT INFORMATION *The Inside Source, Inc, 985 Industrial Rd, Suite 101 San Carlos CA 94070* Facsimile: N/A Email: *soc-orders@insidesource.com* When using any of the ordering methods specified above, all State departments must conform to proper State procedures. ORDER ACCEPTANCE The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:  Are incomplete  Contain non-contract items or items outside the scope of the contract 559 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 12 1/9/2024  Contain non-contract terms and conditions The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator. ORDER RECEIPT CONFIRMATION The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:  Contactors Order Number  Ordering agency name  Agency order number (purchase order number)  Description of goods  Purchase order total cost  Anticipated delivery date  Identification of any Out of Stock/Discontinued Items OUT OF STOCK REMEDY Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:  Request a back order  Cancel the item from the order with no penalty The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered. Under no circumstance is the Contractor permitted to make substitutions with non -contract items or unauthorized products. DISCONTINUED ITEM REMEDY Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:  Amend purchase document to reflect State-approved substitute item (per Article 11, Product Substitutions)  Cancel the item from the order Under no circumstance is the Contractor permitted to make substitutions with non -contract items or unauthorized products without approval from the State Contract Administrator. DELIVERY SCHEDULES Delivery for orders placed against this contract shall be in accordance with the following: 560 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 13 1/9/2024 A. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high -rise office buildings, and receiving docks. B. Schedule Unless otherwise specified within the individual statement or work/workplan, delivery shall be completed within sixty (60) calendar days after receipt of order (ARO) for purchase orders of up to one hundred (100) workstations. Five (5) calendar days may be added for each additional fifty (50) workstations over and above the original one hundred (100) ordered. There are numerous State departments and local governmental agencies throughout the State of California. Purchase orders for MSF will vary in size and complexity. It shall be the responsibility of the furniture manufacturer and the Contractor to ensure that all delivery schedules will be adhered to. This will require the furniture manufacturer to maintain an adequate number of service centers to meet the fluctuating demand for MSF by all governmental agencies. Delivery and installation can be made at most governmental locations Monday through Friday between 6:00 a.m. to 6:00 p.m. If this is not possible, the Contractor shall be paid after hour rates for the installation of the delivered goods between 6:00 p.m. and 6:00 a.m., weekends, and holidays. Rates for this service shall be as shown on the MSFAFT table of Attachment A, Cost Worksheet. The Contractor is requested to make deliveries of these goods during the off-peak hours in the following greater metropolitan areas; City of San Francisco and Bay Area, City of Sacramento, City of Los Angeles and L.A. County, Orange County, City of San Ana, City of San Bernardino, and City of San Diego. Off-peak hours are typically considered 10:00 a.m. to 4:00 p.m., and/or may vary according to local municipal codes and ordinances. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation. C. Security Requirements Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers. Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery. 561 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 14 1/9/2024 Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default. EMERGENCY/EXPEDITED ORDERS The Contractor offers a quick shipment/delivery and installation option. This option will be limited to orders at the list price of $500,000.00 or less. The panel systems shall be delivered to the site within fifteen (15) business days ARO. The cost for th is option shall be based on percentage of the entire order after the discount off of the list prices are applied. The percentage of the surcharge added to the invoice will be 2%. FREE ON BOARD (F.O.B.) DESTINATION All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations. SHIPPED ORDERS All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”. PACKING SLIP Packing slip requirements shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”. PACKING LABEL A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:  Ordering agency name  Delivery address, unit, and/or floor  Department and floor  Ordering agency contact name  Ordering agency telephone number SAFETY DATA SHEET The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section. 562 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 15 1/9/2024 INSTALLATION Installation for AFDG is available throughout California, border to border. Rates for this service shall be as shown on Attachment E, AFDG Discounts and Article 7, Contract Rates. Physical installation includes coordination of installation with purchasing representative as detailed in the project’s statement of work/workplan. Installation can be made at most governmental locations Monday through Friday between 6:00 a.m. to 6:00 p.m. If this is not possible, the Contractor shall be paid after hour rates for the installation of the delivered goods between 6:00 p.m. and 6:00 a.m., weekends, and holidays. Rates for this service shall be as shown on the MSFAFT table of Attachment A, Cost Worksheet. INSPECTION AND ACCEPTANCE For State departments, a written checklist of deficient items will be made if found by either the Department of General Services Real Estate Services Division (RESD) planner, department staff, or the manufacturer’s designated personnel at the final punch and walk - through conducted prior to the post assembly walk-through and punch with the RESD planner and the ordering State department. When completed, the Contractor shall provide a Project Acceptance Notice with dated signature blocks indicating approval from the RESD and the ordering department . CONTRACT ADMINISTRATION Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues. Administrator Information DGS-PD *The Inside Source, Inc.,* Contact Name: Rudolph Jimenez John Schwartz Telephone: (279) 946-8312 (510) 385-1641 Facsimile: (916) 375-4613 N/A Email: Rudolph.Jimenez@dgs.ca.gov *jschwartz@insideource.com* Address: DGS/Procurement Division Attn: Rudolph Jimenez 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 *The Inside Source, Inc.* Attn: JohnSchwartz 985 Industrial Rd, Suite 101 San Carlos CA 94070* RETURN POLICY The Contractor will accept all products for return at no cost to the ordering agency within thirty (30) calendar days of delivery and refund the customer in full. 563 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 16 1/9/2024 Products returned should be in the packaging as delivered and include all documentation. Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of th e Contractor’s cost or the 10 percent restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering agency a copy of the Contractor’s material cost, if requested, within ten (10) days of request. All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail. CREDIT POLICY The Contractor shall offer a credit/refund for the following items:  Items shipped in error  Items that are returned within thirty (30) calendar days of delivery  Defective or freight-damaged items In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund. The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer. RESTOCKING FEES The Contractor will not impose a restocking fee on the ordering agency for the following situations:  Items returned that were damaged upon receipt  Incorrect items shipped  Items that are returned within thirty (30) calendar days of delivery  Items that are returned, but exchanged for other items within thirty (30) calendar days Re-stocking fees for all other reasons shall be 10 percent of the value of the items to be re-stocked. The packaging and documentation provisions in accordance with Article 30, Return Policy, shall apply to re-stocked items. The Contractor will not be required to accept returns more than sixty (60) days after delivery. The ordering agency will be responsible for return transportation costs to the Contractor if so accepted after sixty (60) days after delivery. 564 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 17 1/9/2024 INVOICING Ordering agencies may require separate invoicing, as specified by each ordering agency. Invoices will contain the following information:  Contractor’s name, address and telephone number  Leveraged Procurement Agreement Number (Contract Number)  Agency order number (purchase order number)  Item and commodity code number  Quantity purchased  Contract price and extension  State sales and/or use tax  Prompt payment discounts/cash discounts, if applicable  Totals for each order PAYMENT A. Terms Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later. B. CAL-Card Use State departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of a Purchasing Authority Purchase Order (Std. 65) in accordance with Article 13, Purchase Execution and must include all required documentation applicable to the purchase. The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual (SCM) Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase. C. State Financial Marketplace State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketpla ce, the Contractor will invoice the State department and the State department will approve the invoice and 565 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 18 1/9/2024 the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State. D. Payee Data Record Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments shall contact the Contractor for copies of the Payee Data Record. CAL-CARD INVOICING All CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Article 33, Invoicing. CAL-Card invoices shall be submitted to the CAL-Card account holder. The total invoice amount for each CAL-Card order must reflect a zero (0) balance due or credit, if applicable, and state “paid by CAL- Card”. This website contains additional information regarding DGS-PD’s CAL-Card program (https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List- Folder/Enroll-in-CAL-Card-Program-for-Government-Entities). CALIFORNIA SELLER’S PERMIT The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2. Contractor Name Seller Permit # *The Inside Source, Inc,* 021-672633 WARRANTY The Contractor must honor all manufacturers’ warranties and guarantees for a period of five (5) years from the date of acceptance on all products offered as part of this contract. The Contractor shall bear all material and labor costs for repair of equipment defects and failure. The bid price cost shall include the manufacturer’s warranty cost. During the warranty period, the Contractor must:  Honor all manufacturers’ warranties and guarantees on all products offered through the contract.  Continue to provide warranty service after contract termination until expiration of warranties for products that have been sold under the contract. 566 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 19 1/9/2024  Provide all labor, parts, and travel necessary to keep the products in good operating condition and preserve its operating efficiency in accordance with its technical specifications.  Pay any necessary shipment and insurance costs. The warranty services listed shall include all products, costs and costs of labor, parts, travel, factory overhaul, rehabilitation, transportation and substitute products as necessary. If it is necessary to remove any products from an ordering agency’s location where on-site warranty is specified, the Contractor will provide substitute products at the time of removal. Substitute products will be comparable to or better than the products removed. In instances where it is necessary for the Contractor to return the products to the factory, the Contractor will be responsible for all costs of the products from the time it leaves the ordering agency’s site until it is returned to the site in good operating condition. Only new standard parts or parts equal in performance to new parts will be used in effecting repairs. Parts that have been replaced will become the property of the Contractor except in instances where the ordering agency chooses to keep the hard drives. Replacement parts installed will become the property of the ordering agency. Warranty services will not include repair of damage resulting from transportation by the authorized purchaser between State or local sites or from accident, unless the accident is caused by negligent or intentional acts or omissions of Contractor or its agents. Non-Obsolescence: The Contractor shall warrant the components, accessories, and/or other products of the MSF panel systems being offered under this contract will be available for purchase beyond the term of this contract for a minimum of ten (10) years; paint/finishes for five (5) years; and fabric/panel coverings for five (5) years, Upon approval of the DGS Contract Administrator and the Real Estate Services Division (RESD), Terrace MSF and AFDG may be excluded from the “Non-obsolescence” requirements. A waiver may be considered when the product(s) constitutes a small portion of an order and/or when it can be demonstrated (by the Contractor, in writing) that standard commercial practice makes long-term availability unreasonable. QUALITY ASSURANCE GUAR ANTEES Products delivered not meeting the Quality Assurance expectations shall be removed and replaced within fifteen (15) workings days. The Contractor shall represent and warrant that products provided shall be free from defects in material and workmanship, given normal use and care, over the period of the manufacturer warranty. The terms of this contract will supersede any language to the contrary on purchase orders, invoices, or other sources. Contractors must use new products, parts, and components for all new equipment purchased by the State. The Contractor may use parts that are equal in performance to new parts for warranty replacement repair parts only as long as it does not violate the manufacturer’s warranty. 567 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-22-71-52 Contract User Instructions, Supplement 5 Page 20 1/9/2024 RECONFIGURATION Reconfiguration services must be an integral part of an MSF project. Reconfiguration is available for ordering agencies currently possessing any MSF product line when the purchase of new MSF products is purchased. Standalone purchases for Reconfiguration are not allowed. The cost for Reconfiguration services, if requested, shall be discussed and mutually agreed upon between the Ordering Agency and Contractor. RECYCLED CONTENT State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form for the Contractor is attached (Attachment D). SB/DVBE PARTICIPATION There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract. BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF) The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications and CUF during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of a Bidder Declaration document or perform additional CUF analysis. The State department should make a notation of this within their procurement file. TAKE BACK/TRADE There is no Take Back/Trade In program for this contract. ATTACHMENTS Attachment A – Contract Pricing Attachment B – Specification 7110-5826, dated 3/7/2022 Attachment D – Postconsumer Content Certification Workbook Attachment E – AFDG Discounts 568 569 570 571 572 October 14, 2016 Mr. Anthony Crosby Coordinator Prince William County Public Schools Financial Services/Purchasing Room #1500 RFP #R-TC-17006 P.O. Box 389 Manassas, VA 20108 Dear Mr. Crosby, amazonbusiness .,.,,_,__, It is with great pleasure that we enclose our response to your request for proposal for the on-line marketplace for the purchase of products and services. Amazon Services, LLC. (Amazon.com) is an e-commerce company offering a range of products and services through our website. Amazon herewith offers Prince William County Public Schools (PWCPS) our Amazon Business solution to assist PWCPS in your on-line marketplace needs. Please review our responses and feel free to contact Daniel Smith, General Manager, (206)708-9895 or via email at dls@amazon.com to answer any questions you may have. The entire team at Amazon Business looks forward to building a mutually beneficial relationship with Prince William County Public Schools. Respectfully, Prentis Wilson Vice President Amazon Business Amazon Services, LLC • 410 Terry Avenue North •Seattle, WA 98109-5210 • USA 573 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page i Table of Contents 1.0 Title Sheet (Tab 1) ................................................................................................ 1 2.0 Executive Summary (Tab 2) ................................................................................. 3 Product Benefits .......................................................................................................... 4 Pricing Benefits ............................................................................................................ 4 Solution Benefits .......................................................................................................... 5 3.0 Proposal Profile (Tab 3) ........................................................................................ 6 4.0 Project Methodology/Approach (Tab 4) ................................................................ 7 4.1 Statement of Needs ........................................................................................... 7 4.1.1 Category 1: Office Supplies ....................................................................... 10 4.1.1 Category 2: Classroom, School, Art Supplies and Materials ..................... 11 4.1.2 Category 3: Home Kitchen, Food and Grocery ......................................... 11 4.1.3 Category 4: Books .................................................................................... 12 4.1.4 Category 5: Musical Instruments ............................................................... 13 4.1.5 Category 6: Audio Visual and Electronics .................................................. 13 4.1.6 Category 7: Higher Education Scientific Equipment and Lab Supplies ...... 13 4.1.7 Category 8: Clothing .................................................................................. 14 4.1.8 Category 9: Animal Supplies, Equipment and Food .................................. 14 4.1.9 Category 10: Miscellaneous/Other Category ............................................. 15 4.1.10 Amazon Business Account Features ...................................................... 16 4.2 Pricing Instructions ........................................................................................... 21 4.3 Significant Tasks Not Listed ............................................................................. 23 4.4 Innovation ........................................................................................................ 24 4.4.1 Amazon Marketplace ................................................................................. 24 4.4.2 Amazon Prime ........................................................................................... 24 4.4.3 Prime Now ................................................................................................. 25 4.4.4 Fulfillment by Amazon ............................................................................... 25 4.4.5 Amazon Launchpad ................................................................................... 25 4.4.6 Prime Air .................................................................................................... 26 4.4.7 Amazon One .............................................................................................. 26 4.4.8 Customer Reviews .................................................................................... 26 4.4.9 1-Click........................................................................................................ 26 4.4.10 Dash Button............................................................................................ 26 4.4.11 Frustration-Free Packaging .................................................................... 27 4.4.12 Kaizen & Defect Reduction .................................................................... 27 4.4.13 AmazonFresh ......................................................................................... 27 4.4.14 Amazon Echo and Alexa ........................................................................ 28 4.4.15 Amazon Web Services ........................................................................... 28 4.5 Time Line ......................................................................................................... 29 5.0 Supplier Information (Tab 5) ............................................................................... 30 5.1 Supplier Qualifications ..................................................................................... 30 5.2 Supplier Worksheet for National Program Consideration ................................. 31 574 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page ii 5.3 Supplier Information ......................................................................................... 32 5.3.1 Company ................................................................................................... 32 5.3.2 Distribution ................................................................................................. 33 5.3.3 Marketing ................................................................................................... 37 5.3.4 Products, Services and Solutions .............................................................. 40 5.3.5 Quality ....................................................................................................... 41 5.3.6 Administration ............................................................................................ 42 5.3.7 National Staffing Plan ................................................................................ 47 5.3.8 Additional Information ................................................................................ 48 6.0 References (Tab 6) ............................................................................................. 49 7.0 Proprietary Information (Tab 7) ........................................................................... 51 8.0 Exceptions (Tab 8) ............................................................................................. 56 9.0 Other Information (Tab 9) ................................................................................... 60 9.1 Ethical Work Practices ..................................................................................... 60 9.2 Environmental Stewardship.............................................................................. 61 10.0 U.S. Communities Administration Agreement (Tab 10) ...................................... 64 11.0 Attachments B & C (Tab 11) ............................................................................... 65 11.1 Attachment B – Completed Vendor Information Form .................................. 65 11.2 W-9 Form ...................................................................................................... 66 11.3 Attachment C – Certificate of Compliance Form ........................................... 67 12.0 Access for On-Line Marketplace (Tab 12) .......................................................... 68 13.0 Dun & Bradstreet Report (Tab 13) ...................................................................... 69 Tables & Figures Table 1 - Category 1: Office Supplies............................................................................ 10 Table 2 - Category 2: Classroom, School, Art Supplies and Materials .......................... 11 Table 3 - Category 3: Home Kitchen, Food and Grocery .............................................. 12 Table 4 - Category 4: Books .......................................................................................... 12 Table 5 - Category 5: Musical Instruments .................................................................... 13 Table 6 - Category 5: Audio Visual and Electronics ...................................................... 13 Table 7 - Category 7: Higher Education Scientific Equipment and Lab Supplies .......... 14 Table 8 - Category 8: Clothing ...................................................................................... 14 Table 9 - Category 9: Animal Supplies, Equipment and Food ....................................... 14 Table 10 - Amazon Business Professional Storefronts ................................................. 15 Table 11 - Amazon Business user roles & permissions ................................................ 17 Table 12- Proposed Timeline ........................................................................................ 29 Table 13 - Amazon.com Inc. Revenue .......................................................................... 32 Figure 1 - Seller Types on Amazon Business ................................................................. 7 Figure 2 - Amazon Business Marketplace ....................................................................... 8 Figure 3 – Some of the Filter Options .............................................................................. 9 Figure 4 - Create Your Organizational Structure Using Groups and Sub-Groups ......... 17 Figure 5 - Invite End Users to Amazon Business .......................................................... 18 575 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page iii Figure 6 - Add tax exemptions to your Amazon Business Account ............................... 18 Figure 7 - Add Approval Workflows to your Amazon Business Account........................ 19 Figure 8 - View information on third-party sellers .......................................................... 19 Figure 9 - View discounts only available to Business customers .................................. 20 Figure 10 - Analyze spend using Amazon Business Analytics ...................................... 21 Figure 11 - View and compare products and pricing ..................................................... 22 Figure 12 - View information on third-party sellers ........................................................ 36 Figure 13 - Check-out and order fulfillment process ...................................................... 43 Figure 14 - Compare and Track Spending Over Time................................................... 46 Figure 15 - Compare Spending on Product Categories................................................. 46 576 October 14, 2016 Amazon Privileged and Confidential Page 1 1.0 Title Sheet (Tab 1) REQUEST FOR PROPOSAL ISSUE DATE: September 14, 2016 RFP #: R-TC-17006 TITLE: On-line Marketplace for the Purchases of Products and Services Sealed proposals must be received and time stamped prior to 2:00 PM, October 14th, 2016. Offerors are responsible for ensuring that the Purchasing Office receives their proposal submission by the deadline indicated. The time a proposal is received shall be determined by the time stamped by the time clock in the Purchasing Office. Proposals received after the stated due date and time shall not be considered. All questions/requests for information must be submitted in writing, via email to Anthony Crosby, Coordinator, at crosbyae@pwcs.edu. To be assured consideration all questions/requests for information must be received by September 30, 2016 prior to 4:00 PM. After reviewing any questions/requests submitted, the PWCS Purchasing Office will issue an addendum to respond to items it deems necessary. Changes to this RFP will be made only by written addendum issued by the PWCS Purchasing Office. PROPOSALS MAILED SHALL BE SENT PROPOSALS HAND DELIVERED AND/OR DIRECTLY TO: EXPRESS COURIER SERVICES SHALL BE DELIVERED TO: Prince William County Public Schools Prince William County Public Schools Attn: Purchasing Office Attn: Purchasing Office Financial Services/Purchasing Room #1500 RFP #R-TC-17006 RFP #R-TC-17006 14715 Bristow Road P.O. Box 389 Manassas, VA 20112 Manassas, VA 20108 Attn: Financial Services/Purchasing Room #1500 Addendum No. Date: Addendum No. Date: Addendum No. Date: Information the offerors deems proprietary is to be included in the proposal in the separate section of the proposal identified and included in (TAB 7) of the proposal response. See Proposal Submission Requirements, Section 6.13 in this RFP for additional information. Proprietary Information Enclosed: X YES NO All proposed exceptions to this RFP, and any proposed changes to the contract documents or terms and conditions, are to be included in (TAB 8) of the proposal response. See Proposal Submission Requirements Section 6.15 in this RFP for additional information. Proposed Exceptions to the RFP: X YES NO 577 REQUEST FOR PROPOSALS TITLE PAGE -TWO In compliance with this RFP and all the conditions imposed therein, the undersigned offers and agrees to furnish the goods/services in accordance with the attached proposal or as mutually agreed upon by subsequent negotiations. By my signature below, I certify that I am authorized to bind the Offerer in any and all negotiations and/or contractual matters relating to this RFP. Sign in blue ink and type or print requested information. My signature certifies that this firm or individual has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to PWCS, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or person that could be considered as a conflict of interest or a potential conflict of interest to PWCS, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with PWCS. My signature confirms that I have read and understand the General Terms and Conditions are a part of any negotiated contract. STATE CORPORATION COMMISSION (SCC) IDENTIFICATION NUMBER Under paragraph 18 of the General Terms and Conditions, the Offerer agrees, if this proposal is accepted by PWCS, for such services and/or items, that the Offerer has met the requirements of the Virginia Public Procurement Act (VPPA) § 2.2- 4311.2. Any falsification or misrepresentation contained in the statement submitted by Offerer pursuant to Title 13.1 or Title 50 may be cause for debarment by PWCS. Offerer shall complete the following by checking the appropriate line that applies and provide the required information. Offerers failing to provide the required information indicated below will result in having their proposal not considered for evaluation. 1.__ Offerer is a Virginia business entity organized and authorized to transact business in the Commonwealth of Virginia by the State Corporation Commission (SCC). The Offerer's current valid identification number issued by the sec is . (The sec number is NOT your federal tax identification number). -OR- 2. __ Offerer is a sole proprietor and no sec number is required. -OR- 3.__ Offerer is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business, any employees, agents, offices, facilities, or inventories in Virginia. This does not account for any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts. It also, does not account for any incidental presence of the Offerer in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from the Offerer's out-of-state location. Offerer is required to include with this proposal documentation from their legal counsel which accurately and completely states why the Offeror is not required to be so authorized within the meaning of§ 13.1-757 or other similar provisions in Titles 13.1 or SO of the Code of Virginia. -OR- 4._x_ Offerer currently has pending before the SCC an application that was submitted prior to the due date and time of this solicitation for authority to transact business in the Commonwealth of Virginia and seeks consideration for a waiver to allow the submission of the SCC identification number after the due date for proposals (PWCS reserves the right to determine in its sole discretion whether to allow sach waiver.) THIS PROPOSAL IS SUBMITTED BY: Full Legal Name of Offerer: Amazon Services, LLC Mailing Address: Amazon Business c/o Daniel Smith 325 9th Ave N Seattle, WA 98109 Phone: (206) 708-9895 Email Address:dls@amazon.com Tax Identification {FIN/SSN#): 82-0544687 Typed/Printed Name: Prentis Wilson Date: 1 o Remittance Address (If Different): Amazon Services, LLC 410 Terry Avenue North Seattle, WA 98109 Fax: N/A Contact Person: Daniel Smith Signature: ',.,,_.,,_ (Person signing must be authorized to bind the Offerer in contractual matters) October 14, 2016 Amazon Privileged and Confidential Page2 578 579 580 581 582 583 584 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 3 2.0 Executive Summary (Tab 2) Offeror shall provide an Executive Summary that presents in brief, concise terms a summary level description of the contents of the Proposal. Amazon Services, LLC (Amazon.com) is pleased to respond to the Prince William County Public Schools (PWCPS) Request for Proposal (RFP) for an On-line Marketplace for the Purchases of Products and Services. We are truly excited to offer the Amazon Business Marketplace solution to meet PWCPS’ online marketplace needs, and believe that the features and benefits of the Amazon Business Marketplace are an ideal fit with the objectives set forth in the RFP. As described in the RFP, PWCPS seeks to establish a nationwide cooperative purchasing agreement for the acquisition of products through a single-source, on-line marketplace that will: • Achieve cost savings for Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple bids or proposals. • Combine the volumes of Participating Public Agencies to achieve cost effective pricing. • Reduces the administrative and overhead costs of Participating Public Agencies through state of the art ordering and delivery systems. • Provides Participating Public Agencies with environmentally responsible products and services. Amazon shares these objectives, and the Amazon Business Marketplace was born out of consultation with Public Sector customers of all sizes who also sought to have access to a marketplace that contains all of the products and features they need, while at the same time achieving cost savings. From non- profit research institutes, K-12 school districts, universities, local and county government agencies, and healthcare organizations – our Public Sector customers told us that they wanted the Amazon shopping experience when buying for work. The Amazon Business Marketplace offers a new account type that provides this experience. Customers have access to a centralized umbrella account for end users, simplifying the purchasing process while increasing cost savings considerations, and allowing users to take advantage of Amazon’s wide selection and competitive pricing. A centralized account allows procurement & strategic sourcing departments to view every department, user, and transaction in one place. In addition, the account offers a mechanism to separate personal and work use to ensure only business-related transactions are treated as tax-exempt while preventing any improper use. Amazon’s mission statement is to be Earth's most customer- centric company, where people can find and discover anything they want to buy online. Amazon Business is a key part of fulfilling this mission. Put simply - if you want it, you can probably find it on the Amazon Business Marketplace. 585 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 4 An Amazon Business account also includes configurable features that align with your organizations’ procurement processes and policies, including: tax exempt shopping, spending approvals & control, punch-out integration, seller and diversity credentials, detailed transaction reporting (level 3), shared and individual payment methods, implementation support and customer service built for business customers. Amazon Business’ features and benefits are best viewed as (1) Product benefits, (2), Pricing benefits, and (3) Solution benefits. Product Benefits All the Products You Need: From IT to janitorial to those hard to find items, we stock millions of business products, and we’re adding more business items and suppliers regularly. Whether it’s a 3D printer, a lab beaker or break-room snack, you’ll find it on the Amazon Business Marketplace. Business Offers: Amazon Business gives customers a growing number of business- only product offers. Suppliers such as USBiological and National Business Furniture now make a select number of their products available exclusively for Business customers. Find the Right Sellers: Find sellers who meet your specific needs through our seller profiles. Discover sellers that meet specific requirements, with attributes like small business, women owned and minority-owned business. Pricing Benefits The Amazon Business Marketplace already makes it easy to compare prices and find the best deals. Now we’ve made it easy for suppliers to provide discounts just for Business customers. Registered customers will see exclusive prices on a growing selection of items. Free Two-Day Shipping: With Free two-Day shipping on orders of $49 or more, Amazon Business keeps your organization agile with our fast, free, reliable shipping. You can schedule unlimited deliveries on more than 20 million eligible items. Business customers can also stay informed about Prime and Purchase Delegation. Compare Offers: Your organization needs to know that it is getting the best products and best value. Amazon Business makes comparison shopping a snap by displaying multiple offers from different sellers on one page. Amazon Tax Exemption Program (ATEP): If you’re eligible for tax-exempt purchasing, you may be able to participate in the Amazon Tax Exemption Program. This program allows you to make tax-exempt purchases and manage tax exemption across your organization. 586 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 5 Solution Benefits Multi-User Accounts: Onboard your team to Amazon Business and manage individuals and groups of users. Whether your organization has a few employees or a few thousand, we make it easy to connect your team and share payment methods & shipping addresses. Create Approvals: Customize your approval workflows and set individual spending limits to better manage your organization’s purchasing on Amazon Business. Order Tracking: Amazon Business allows you to use your purchase order numbers or reference text to improve recordkeeping. We also make it easy to track your shipments, by providing estimated delivery dates for all items in your order. Amazon for Purchasing Systems: Shop on Amazon Business with the controls and oversight provided by your organization’s purchasing system. Amazon Business is integrated and certified for punch-out with leading purchasing systems. Amazon Line of Credit: Apply for an Amazon.com Corporate Credit Line, which allows you to submit a PO and place orders and finance purchases using a Pay-in-Full Credit Line or a revolving Credit Line. Hundreds of thousands of public sector organizations and private-sector businesses have already moved purchasing to Amazon Business to realize the benefits listed above -achieving cost savings, reducing procurement complexity, all while accessing unmatched product selection breadth. The Amazon Business Marketplace empowers customers by providing transparency of price, delivery options, product rating and seller ratings. It creates a level playing field of sellers, giving end users access to hundreds of millions of products, with price competition that lets customers know they are getting the right product at the right price. Amazon Business' unmatched breadth and depth of selection, competitive prices, innovative and unique range of account features will enable Prince William County Schools to quickly and easily find and buy almost any product or service. We look forward to further dialogue and an exchange of more detailed information as we progress further with this opportunity. Note that Amazon’s proposal is based on all requested Product Categories set forth in the RFP. We firmly believe that it is of unique benefit to PWCPS to have every product category available in one marketplace. A comprehensive marketplace such as Amazon Business ultimately leads to customer benefits, with a lower cost of ownership, greater ease of administration, and an inbuilt competitiveness through the ability to compare prices and purchase items either directly from Amazon, or from third-party sellers. 587 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 6 3.0 Proposal Profile (Tab 3) At a minimum, the Offeror will provide the following information: •Name of company submitting proposal Amazon Services, LLC Please note that Amazon Services LLC is the legal entity that is responding to this solicitation. Amazon.com LLC is the seller of record for retail purchases from Amazon Business. •List any company dba’s Amazon Business •Main office address 410 Terry Avenue North, Seattle, WA 98109 •If a corporation, when and where incorporated November 15, 2005 in Nevada •Number of years in business Amazon.com has been in business for more than 20 years. Amazon Business launched on April 28, 2015. •Total number of employees According to the Amazon 2015 Annual Report, Amazon employed approximately 230,800 full-time and part-time employees as of December 31, 2015. However, employment levels fluctuate due to seasonal factors affecting our business. The Offeror shall provide a profile of its organization and all other companies who will be providing products and services through a dealer, distribution or subcontractor arrangement with the Offeror. Amazon is an e-commerce company that offers a range of products and services through our websites. Amazon’s websites include merchandise and content that the Company purchases for resale from vendors and also those offered by third-party sellers. Amazon offers its own products as well as third-party products across various categories, through our retail websites and through our mobile websites and applications. We also manufacture and sell electronic devices, including Kindle e- readers, Fire tablets, Fire TVs, Echo and Fire phones. Amazon offers programs that enable sellers to sell their products and fulfill orders through Amazon’s websites and the third-party sellers own websites. We serve developers and enterprises of various sizes through Amazon Web Services (AWS), which offers a set of global compute, storage, database, analytics, applications and deployment services. 588 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 7 4.0 Project Methodology/Approach (Tab 4) Offeror shall respond to the Statement of Needs (Section 4). The Offeror shall provide a written narrative describing the ability to meet the requirements set forth herein. Sufficient detail shall be provided to demonstrate the Offeror’s understanding, ability and/or willingness to satisfy all specified requirements. Offeror shall provide a detailed description and explanation of products and services offered in response to each Product Category listed in the Statement of Needs, Section 4. In the sections below we outline how the Amazon Business Marketplace meets and exceeds the requirements in the Statement of Needs. We discuss the industry-leading innovations Amazon brings to the On-Line Marketplace, and also discuss a time line for adoption. 4.1 Statement of Needs This Solicitation is to establish a nationwide purchasing agreement for the acquisition of the following products through a single-source, on-line marketplace. The product category descriptions below are not to be considered restrictive, but rather provide a general, non-inclusive, description of the category. In addition Offerors should include additional product categories under “Miscellaneous/Other” category. It is first important to note that the Amazon Business Marketplace gives customers the option to purchase items directly from Amazon, or to purchase items from third-party sellers. For items purchased directly from Amazon, Amazon is the seller of record, owns the items, and fulfills all orders. For items purchased directly from third-party sellers on the Amazon Business Marketplace, third-party sellers are always the seller of record and own the items. Third-party sellers can fulfill all orders themselves or choose to utilize fulfillment services offered by Amazon. Nearly half of total units sold on the marketplace are sold by third-party sellers. Figure 1 - Seller Types on Amazon Business Product offerings from third-party sellers are presented alongside Amazon Business product offerings on a product detail page. By viewing Amazon Business product offerings alongside third-party offerings, customers are able to select and order goods 589 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 8 based on the best price, shipping and seller preferences (and other criteria). The Amazon Business Marketplace eliminates the need to visit multiple stores or websites for competitive bids. One search in the Amazon Business Marketplace provides access to a multitude of third-party sellers competing for your business, reducing cost and procurement complexity. It is again important to reiterate that Amazon’s proposal is based on all requested Product Categories set forth in the RFP. Amazon Business acts as a search & discovery service and payment processor for third-party sellers. As part of this, third-party sellers can highlight their seller credentials as part of their listing on the marketplace detail page. Proof of the third-party seller’s claimed credential is also visible to buyers. At present, Seller Credentials are only available to third-party sellers participating in Amazon Business Marketplace. The current list of credentials available on Amazon Business is publically available on the Amazon website. Figure 2 - Amazon Business Marketplace provides a familiar shopping experience for businesses. 590 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 9 Amazon Business provides end users with access to more than 10 million additional business-only products that are not available to Amazon.com users. Some third-party sellers on the Amazon Business marketplace restrict access to certain products because of competitive, regulatory, or other concerns. Amazon Business gives those third-party sellers the confidence that such products will only be sold to qualified businesses. These items are only visible to registered Amazon Business customers. The Amazon Business Marketplace provides one-stop shopping across a vast selection of millions of business-relevant items for business buyers. This selection can be accessed directly through the Amazon Business marketplace, or via a business’s existing eProcurement solution. Our website offers hundreds of millions of products on Amazon. Our open marketplace offers manufacturers and distributors from a wide variety of industries and specialties. With such an extensive range of products, it is impossible to submit a product line on paper. All products are listed on the Amazon Business site in a user-friendly and easy- to-filter manner. To provide a response that illustrates the vast range of products available to our Business customers, we have listed below the total search results for each category in the RFP. For example, when a category such as ‘Binders and Accessories’ is searched for on the Amazon Business site there are 86,936 results. These 86,936 search results can then be filtered in order to find the exact kind of binder and accessories needed, as displayed below in Figure 3. Please note that search results listed in the sections below are for the exact product category listed in the RFP (as of October 7th, 2016) and subject to change daily due to the continual addition of products to the Amazon Business Marketplace. We encourage Prince W illiam County to use the demonstration login to conduct similar searches in order to get a feel of the vast range of products available to purchase. Figure 3 – Some of the Filter Options for ‘Binders and Accessories’ Search Results on Amazon Business 591 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 10 Your firm may not have the ability to provide all categories. The intent is for each Offeror to submit their complete product line so that Participating Public Agencies may order a wide array of products as appropriate for their needs. You may subcontract items your firm does not supply. Amazon’s proposal is based on all requested Product Categories set forth in the RFP. 4.1.1 Category 1: Office Supplies Amazon Business offers a competitive selection of office supplies products including key brands such as Staples, ACCO, Nestle, Pilot, Boise Paper, Office Depot, Avery, Expo, 3M, Five Star and more. Table 1 displays the search results on Amazon Business for each of the product categories listed in the RFP under Office Supplies. Note that the search results in the table are filtered to only display products listed under the ‘Office Products’ Department on Amazon Business. Customers can change or expand Departments, or indeed search All Departments on the Amazon Business site. As an example, ‘Pens, Pencils, and Markers’ displays 68,793 items under the ‘Office Products’ Department. However, when the search is expanded to ‘All Departments’, the same search returns 247,769 items. Table 1 - Category 1: Office Supplies – Search Results under ‘Office Products’ Department Product Category Results Filing and Storage 48,968 Calendars and Planners 23,707 Basic Supplies 8,885 Desk Accessories and Organization 2,476 Pens, Pencils and Markers 68,793 Business Forms and Record Keeping 645 Post-it Notes 3,774 Labels 175,269 Mail 23,122 Shipping and Envelopes 18,346 Tape 131,627 Presentation Boards 64,929 Staplers and Staples 6,324 Paper Punches 12,425 Paper Clips 33,857 Binders 273,695 Scissors 16,116 Rubber Bands 10,552 Paper 818,903 Copy and Printer 18,404 Notebooks 801,680 Pads 2,368,970 Cash Register and Thermal Rolls 5,493 Photo and Presentation Paper 2,097 Printer Ink and Toner Cartridges 493,166 Office Electronics 2,174,963 592 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 11 4.1.1 Category 2: Classroom, School, Art Supplies and Materials Top Brands in this category include Learning Resources, Fiskars, Business Source, Singer, 3M, Swingline, and much more. Table 2 displays the search results on Amazon Business for each of the product categories listed in the RFP under Classroom, School, Art Supplies and Materials. The search results in the table display products listed under ‘All Departments’ on Amazon Business, given the broad range of departments each item category can fall under. Note that Amazon has a Classroom and School Supplies Department, with millions of related items available to Amazon Business customers. Table 2 - Category 2: Classroom, School, Art Supplies and Materials – Search Results under 'All Departments' Product Category Results Art Supplies 4,105,919 Craft Supplies 2,645,896 Crayons 347,536 Paint and Paint Brushes 472,287 Ceramics 6,565,186 Pens 112,167 Markers and Pencils 265,676 Glue and Adhesive 74,430 Chalk 267,187 Easels 127,022 Yarn 29,473 Fabric and sewing 515,531 Art paper 3,968,563 Art Paper Rolls and Construction Paper 1,297 Early childhood Products 26,501 Building Toys 230,403 Games 14,196,238 Learning and Education 309,482 Puzzles 432,029 Ink and toner Cartridges 510,368 School Supplies As noted above, Amazon has a Classroom and School Supplies Department, with millions of related items available to Amazon Business customers. 4.1.2 Category 3: Home Kitchen, Food and Grocery Top Brands in this category include Hoover, Rubbermaid, Whitmor, Honeywell, OXO, Bissell, iRobot, Sterilite, Renown, Starbucks, Clorox, Keurig, Celestial Seasonings, Georgia Pacific, and Coffeemate. Table 3 displays the search results on Amazon Business for each of the product categories listed in the RFP under Home Kitchen, Food and Grocery. The search results in the table display products listed under ‘All Departments’ on Amazon Business, given the broad range of departments each item category can fall under. Amazon’s Home and Kitchen Department contains millions of related items available to Amazon Business customers. Also note that there is a separate department for Grocery & Gourmet Food. 593 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 12 Table 3 - Category 3: Home Kitchen, Food and Grocery – Search Results under 'All Departments' Product Category Results Food 4,267,350 Beverages 2,052,491 Snack Food 135,207 Cooking & Baking 153,143 Small Kitchen Appliances 86,245 Artwork 24,551,934 Bath 12,202,036 Bedding 8,626,216 Home and Office Décor 2,917,812 Kitchen & Dining 746,378 Storage and Organization 322,489 4.1.3 Category 4: Books Top Publishers include Kaplan, Houghton Mifflin Harcourt, Pearson, Scholastic, Penguin Random House, McGraw-Hill Education, etc. K-12 Professional Development includes titles from publishers such as Marzano, Solution Tree, ISTE, and more. Table 4 displays the search results on Amazon Business for each of the product categories listed in the RFP under Books. Note that the search results in the table are filtered to only display products listed under the ‘Books’ Department on Amazon Business. Table 4 - Category 4: Books – Search Results under 'Books' Department Product Category Results Books 59,690,843 Textbooks 910,099 K-12 Teaching 2,415 Education and Teaching 519,390 Professional Certification 9,837 Reference 5,361,324 Amazon has over 15 years of experience acquiring digital content from hundreds of publishers and thousands of authors. We are among the largest providers of digital learning materials. Amazon has a track record of delivering content to organizations and consumers at the lowest prices and with a variety of licensing options that meet customers’ needs. Digitally downloadable products including Kindle eBooks and audiobooks are available in the Amazon Business marketplace but are considered separate orders, and require users to enter a payment method. Therefore, these orders are not subject to Amazon Business approvals and will not appear in business order history. Digital content has certain rights and sharing restrictions. For example, content is tied to the requisitioner's business user account and cannot be shared or transferred to others in your Business Account, even if the requisitioner leaves the organization or converts his or her account to a personal account. Refer to Tab 7 for additional information on the range of books offered by Amazon. 594 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 13 4.1.4 Category 5: Musical Instruments Top Brands in this category include Gibson, Epiphone, Yamaha, Numark, Casio, Behringer, Blue Microphones, Shure, Marshall, Pioneer DJ, Fender, Universal One, and more. Table 5 displays the search results on Amazon Business for each of the product categories listed in the RFP under Musical Instruments. Note that the search results in the table are filtered to only display products listed under the ‘Musical Instruments’ Department on Amazon Business. Table 5 - Category 5: Musical Instruments – Search Results under 'Musical Instruments' Department Product Category Results Musical Instruments 734,723 Band and Orchestra 3,213 Drums and Percussion 35,894 Keyboards 23,360 Live Sound and Stage 3,974 Strings 86,890 4.1.5 Category 6: Audio Visual and Electronics Top Brands in this category include Panasonic, Apple, Bose, Philips, Sony, Sennheiser, Samsung, Ultimate Ears, Anker, Aukey, and more. Table 6 displays the search results on Amazon Business for each of the product categories listed in the RFP under Audio Visual and Electronics. The search results in the table display products listed under ‘All Departments’ on Amazon Business, given the broad range of departments each item category can fall under. Note that Amazon Business has separate departments for Cell Phones and Accessories, Electronics, and Video Games. Table 6 - Category 5: Audio Visual and Electronics – Search Results under 'All Departments' Product Category Results Television and Audio 83,724 Portable Audio equipment and Accessories 14,630 Camera and Video equipment 415,197 Electronics Accessories 39,717,949 Cell Phones 16,005,933 Game Consoles 429,133 4.1.6 Category 7: Higher Education Scientific Equipment and Lab Supplies Top Brands in this category include Bel-Art, AmScope, Corning, Kimble Chase, Wheaton, Ample Scientific, Fisher Scientific, American BioTech Supply, Boekel, Grant, iChromatography, National Scientific, Chemglass, Cole-Parmer, Agilent Technologies, Thermo Scientific, BenchPro, CeilBlue, EDSAL, Salsbury Industries, United Scientific Supplies, Heathrow Scientific, and more. Table 7 displays the search results on Amazon Business for each of the product categories listed in the RFP under Higher Education Scientific Equipment and Lab Supplies. The search results in the table display products listed under ‘All Departments’ on Amazon Business, given the broad range of departments each item category can fall under. 595 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 14 Table 7 - Category 7: Higher Education Scientific Equipment and Lab Supplies – Search Results under 'All Departments' Product Category Results General Lab Supplies Consumables and Supplies 604 Glassware and Plastic ware 707 Laboratory Instruments 11,131 Microscopes 129,028 Scales and Balances 19,418 Liquid Handling 8,428 Chromatography 27,863 Lab Chemicals 126,148 Spectrophotometers 3,042 Filtration 1,308,959 Safety and lab furniture 3,312 4.1.7 Category 8: Clothing Top Brands in this category include Levi’s, Calvin Klein, Lucky Brand, Under Armour, Tommy Hilfiger, Nautica, Hagger, Perry Ellis, Lee, Disney, BCBCMaxazria, Hugo Boss, Lacoste, and more. Table 8 displays the search results on Amazon Business for each of the product categories listed in the RFP under Clothing. Note that the search results in the table are filtered to only display products listed under the ‘Clothing, Shoes and Jewelry’ Department on Amazon Business. Table 8 - Category 8: Clothing – Search Results under 'Clothing, Shoes and Jewelry' Department Product Category Results Clothing 10,547,008 Outerwear 387,529 Athletic Wear 1,012,939 Innerwear 5,229 Belts 223,341 Shoes 1,334,001 4.1.8 Category 9: Animal Supplies, Equipment and Food Amazon Business has the animal supplies from some of the most trusted names in pet nutrition, including Purina, Kaytee, Fancy Feast, Penn-Plax, Pure Aquatic, MarineLand, Petmate, Sherpa, BestPet, and much more. Table 9 displays the search results on Amazon Business for each of the product categories listed in the RFP under Animal Supplies, Equipment and Food. Note that the search results in the table are filtered to only display products listed under the ‘Pet Supplies’ Department on Amazon Business. Table 9 - Category 9: Animal Supplies, Equipment and Food – Search Results under 'Pet Supplies' Department Product Category Results Bedding 12,162 Mats 37,998 Litter 10,772 Crates 18,558 Grooming 43,358 596 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 15 Boots and Wraps 360 Health and Medical Supplies 777 Pumps and Filters 6,977 Food and Treats 21,003 4.1.9 Category 10: Miscellaneous/Other Category Proposers are encouraged to provide product/service/solution categories that are purchased by public agencies. Our website offers hundreds of millions of products from a wide variety of industries and specialties. Table 10 lists the existing professional storefronts within Amazon Business. Table 10 - Amazon Business Professional Storefronts 3D Printing Restaurant & Bulk Food Supply Cleaning Chemicals Education Dishwashing Equipment Cleaning Tools Classroom and School Supplies Commercial Espresso Machines & Coffee Makers Floor Care Classroom Furniture Commercial Food Storage Odor & Drain Maintenance Cutting Tools Concession & Vending Equipment Paper Products Abrasive and Finishing Products Raw Materials Personal Care Products Medical Equipment Material Handling Equipment Restroom Fixtures Professional Medical Supplies Packaging and Shipping Supplies Trash Cans & Trash Bags Nursing Supplies Industrial Light Towers Filtration Equipment & Systems Dental Equipment Pulling & Lifting Supplies Safety Equipment & Supplies Dental Instruments and Professional Dental Supplies Drywall Lifts Emergency Response Equipment Laboratory Supplies Hand Trucks Hazardous Material Handling Lab Chemicals, Lab Consumables Door & Equipment Hardware Lockout & Tag Out Products Laboratory Furniture Fasteners PPE: Personal Protective Equipment Food Industry Supplies Testing, Measurement and Inspection Equipment Safety Signs & Signals Food Service Disposables Janitorial Supplies 597 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 16 Amongst the hundreds of millions of products available, Amazon Business offers 10 million business-only items, which include printer ink cartridges, stethoscopes and industrial deep fryers. Please visit the following webpage to learn about any product restrictions within the Amazon Business account: https://www.amazon.com/gp/help/customer/display.html/ref=hp_left_v4_sib?ie=UTF8&n odeId=201613190 4.1.10 Amazon Business Account Features Amazon Business provides administrators with controls to monitor spending. Current administrator tools and features include multi-user accounts, tax-exemption support, approval workflows and purchasing analytics. Amazon Business also makes it easy for organizations to compare multiple offers on products, and is integrated with leading purchasing systems. Feature include: • Multi-user accounts, approval workflows, and spend controls • Tax-exempt purchasing for qualifying organizations • Business-pricing and quantity discounts on select items • Purchase orders and customizable analytics reporting • Free two-day shipping on eligible orders of $49 or more Multi-User Accounts & Groups Organizations can onboard teams to Amazon Business and manage individuals and groups of users. Whether your organization has a few employees or a few thousand, we make it easy to connect your team and share payment methods & shipping addresses. Groups provide an Administrator the ability to organize multiple end users. Create groups based on location, department or any purchasing need that works for your organization. Users are assigned permissions by the Account Administrator. The following table describes the Amazon Business user roles & permissions. 598 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 17 Table 11 - Amazon Business user roles & permissions Administrators have the ability to add a person & assign user-specific purchasing permissions. Organizations with many end users can upload a spreadsheet and invite up to 1000 users at a time. Added users will receive an emailed invitation on behalf of Amazon Business. To associate an invited user with an Administrator’s Business Account, users are required to take action and ‘accept purchasing responsibility’ within the email body. Once an invitation has been accepted, your account settings will automatically update. Users will migrate from ‘Invitations’ to the ‘People’ tab of ‘Manage Your Business’. Figure 4 - Create Your Organizational Structure Using Groups and Sub-Groups 599 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 18 Figure 5 - Invite End Users to Amazon Business After an organization registers, configures an account and invites users to join the account, end users can start their shopping experience on the Amazon Business home page. End Users search for items their businesses need, view the Amazon and third- party offers for those items, and view the various product details. They can see whether there are offerings from small business or otherwise-credentialed third-party sellers. After making a purchase decision, buyers choose shipping addresses and payment methods before finalizing a purchase. Amazon Tax Exemption Program (ATEP) If you’re eligible for tax-exempt purchasing, you may be able to participate in the Amazon Tax Exemption Program. The program allows you to make tax-exempt purchases and manage tax exemption across your organization. Figure 6 - Add tax exemptions to your Amazon Business Account 600 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 19 Approval Workflows & Spend Controls Amazon Business adds a layer of oversight to the purchasing process. Account administrators can add purchasing approvals to their accounts. Set individual spending limits to better manage your organization’s purchasing on Amazon. Figure 7 - Add Approval Workflows to your Amazon Business Account The Amazon Business Marketplace helps organizations reduce procurement costs, enables transparency across multiple third-party sellers, and gives organizations access to greater selection and dynamic marketplace pricing. In addition, the organization- friendly features available on Amazon Business provide companies control over purchasing authority and insightful information about their organization’s purchasing trends. Figure 8 - View information on third-party sellers such as 18 different diversity and quality credentials 601 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 20 Business Pricing The Amazon Business Marketplace already makes it easy to compare prices and find the best deals. Now we’ve made it easy for suppliers to provide discounts just for business, including public sector entities like PWCPS. Registered customers will see exclusive prices on a growing selection of items. Amazon Business offers business pricing or quantity discounts on more than 7 million items. Figure 9 - View discounts only available to Business customers FREE Two-Day Shipping With FREE Two-Day Shipping on qualifying orders of $49 or more, Amazon Business keeps your organization agile with our fast, free, reliable shipping. Order Tracking Amazon Business allows you to use your purchase order numbers or reference text to improve recordkeeping. We also make it easy to track your shipments, by providing estimated delivery dates for all items in your order. Amazon Business for Purchasing Systems Shop on Amazon Business with the controls and oversight provided by your company’s purchasing system. Amazon Business is now integrated for punch-out with more than 602 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 21 30 purchasing systems including SciQuest, Coupa, Ariba, Skyward, ESM, Equal Level, Tyler Munis, and more. Amazon Business Analytics Customers can use our analytics dashboard to track and monitor spending on Amazon Business with dynamic charts and data tables. We make it easy to analyze spend by individual users, groups, or your whole organization. Amazon Business Analytics enable customers to: • Aggregate your purchases to compare and track spend over time • Organize data by applying additional filters • Utilize the table view to get details behind graphical summaries • Customize table view to reflect only desired attributes • Create & save report templates for fast and easy future reference Figure 10 - Analyze spend using Amazon Business Analytics 4.2 Pricing Instructions 4.2.1. All offerors must provide pricing based on their marketplace model. The Amazon Business dynamic pricing model simplifies the purchasing process while increasing cost savings considerations, and allows users to take advantage of Amazon’s wide selection and competitive pricing. 603 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 22 •Competitive Pricing - The Amazon Business Marketplace empowers customers by providing transparency of price, delivery options, product rating and third-party seller ratings. The marketplace creates a level playing field of third-party sellers, giving end users access to hundreds of millions of products, with price competition that lets customers know they are getting the right product at the right price. •Price Comparisons - The Amazon Business Marketplace eliminates the need to visit multiple stores or websites for competitive bids. One search in the Amazon Business Marketplace provides access to a multitude of third-party sellers competing for your business, reducing cost and procurement complexity. Product offerings from third-party sellers are presented alongside Amazon’s product offerings. By viewing Amazon product offerings alongside third-party offerings, customers are able to select and order goods based on the best price, shipping and seller preferences (and other criteria). Figure 11 - View and compare products and pricing •Organization & Quantity Discounts – Amazon Business’ marketplace already makes it easy to compare prices and find the best deals. Now we’ve made it easy for suppliers to provide discounts just for organizations. Registered customers will see exclusive prices on a growing selection of items. Amazon Business offers organization pricing or quantity discounts on more than 7 million items. To view our current pricing, please use the following login: Step 1. Navigate to www.amazon.com/business and click Sign-In. Step 2. Enter mkl+pwcps@amazon.com. The password is amazon. 604 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 23 4.2.2. Provide offerors proposed shipping methods. The Amazon Business Marketplace will utilize the same Amazon fulfillment network that supports Amazon’s consumer Marketplace. Amazon’s U.S. fulfillment network includes more than 50 fulfillment centers, over 23 sortation centers, and more than 90,000 full- time Amazon employees. Also see below information on Fulfillment by Amazon. Amazon leverages multiple shipments organizations including USPS, UPS, and FedEx to delivery packages to customers. Exclusively for Amazon Business customers, we offer Pallet Delivery where a customer can receive their large orders on one or more pallets rather than in potentially hundreds of separate boxes. Previously, a 1000 unit order delivered in 100 boxes in a single delivery would have resulted in: •100 individual boxes, difficult to manage and keep track of in a busy receiving dock •100 credit card charges and 100 shipping confirmation e-mails •100 different shipment tracking pages, one for each package tracking ID Now, the customer experience is improved in the following ways: •Consolidated pallets delivered to the customer’s receiving dock •One credit card charge and one shipping confirmation e-mail •One shipment tracking page to visit to track the entire delivery Launched in 2006, Fulfillment by Amazon (FBA) is now used by millions of third-party sellers around the world. FBA enables third-party sellers to use Amazon's fulfillment network—more than 100 fulfillment centers around the world, staffed by thousands of Amazon employees—to store, pack and ship their products directly to customers while offering Amazon Prime benefits, free shipping, simple exporting to customers around the world, streamlined cross-border trade, easy returns and Amazon customer service. FBA is used by sellers of all sizes in more than 100 countries, and allows businesses to take advantage of Amazon's fulfillment services and focus their efforts on growing their business. Sellers from around the world use FBA to ship to 185 countries. With FREE Two-Day Shipping on qualifying orders of $49 or more, Amazon Business keeps your organization agile with our fast, free, reliable shipping. You can schedule unlimited deliveries on more than 20 million eligible items. 4.3 Significant Tasks Not Listed 4.3. Offerors are highly encouraged to include in their proposal a description of any significant task not listed in the Scope of Services which they know to be necessary under the proposed contract. There are no significant tasks not listed in the Scope of Services. 605 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 24 4.4 Innovation Information regarding innovative breakthroughs and any one-of-a-kind programs offered related to the ON-LINE MARKETPLACE FOR THE PURCHASES OF PRODUCTS AND SERVICES is encouraged. Innovation is in Amazon’s DNA. We work directly with customers to ensure that our innovation is driven by customer demand. This external awareness ensures that Amazon is not limited by a “not invented here" attitude. We continuously evolve and improve our existing services, and are constantly adding new features and services. Some of Amazon’s market leading Marketplace-related innovations are listed below. 4.4.1 Amazon Marketplace Selling on the Amazon Marketplace enables individuals and businesses of all sizes to reach hundreds of millions of customers instantly when they sell their products on Amazon. Third-party sellers on Amazon can list their products with no listing fee and have their products featured right alongside items carried by Amazon. Marketplace's early days were not easy. First, we launched Amazon Auctions. Not many customers came. Auctions transformed into zShops, which was basically a fixed price version of Auctions. Again, no customers. But then we morphed zShops into Marketplace. Internally, Marketplace was known as SDP for Single Detail Page. The idea was to take our most valuable retail real estate—our product detail pages—and let third-party sellers compete against our own retail category managers. It was more convenient for customers, and within a year, it accounted for 5% of units. Today, more than 40% of our units are sold by third-party sellers worldwide. Customers ordered more than two billion units from third-party sellers in 2014. 4.4.2 Amazon Prime In February 2005, Amazon launched Amazon Prime—an all-you-can-eat express shipping membership program for about a million products. Our vision was that fast delivery should be an everyday experience—rather than an occasional indulgence. With Prime, we introduced three things: first—we sped things up byoffering two-day shipping at a time when most customers expected to pay for 4-6 business days; second—we made two-day shipping predictable and guaranteed; third—we made it unlimited, all- you-can-eat with a single annual membership. In its first year, we gave up many millions of dollars in shipping revenue, and there was no simple math to show that it would be worth it. Amazon Prime has continued to be a hit with members. Members love Amazon Prime—it is one of the world's most popular subscription services—with a 50% increase in members globally in 2014. Tens of millions of Prime members enjoy fast, free unlimited shipping on more than 30 million items, as well as unlimited streaming of tens of thousands of movies and TV episodes, more than one million songs—and thousands of playlists and stations with Prime Music, early access to select Lightning Deals all year long, free secure, unlimited photo storage in Amazon Cloud Drive with Prime Photozone and one free pre-released book a month with Kindle First. Prime isn't done improving on its original fast, free shipping promise either. Members in more than 1,000 cities and towns also receive unlimited Free Same-Day Delivery on more than a million items. In addition, Prime members in more than 29 cities across the U.S. receive one and two hour delivery on a selection of tens of thousands of items through Prime Now. 606 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 25 4.4.3 Prime Now In December 2014, Amazon launched Prime Now in parts of Manhattan—and has since expanded to cities across the United States as well as London. Available to Prime members through a mobile app, Prime Now means customers can get tens of thousands of products like paper towels, shampoo, books, toys, big-screen televisions and batteries delivered right to their door in an hour or less. And in Manhattan, Amazon has expanded the offering to include one-hour delivery from local stores offering items such as groceries, prepared meals and baked goods from D'Agostino, Gourmet Garage and Billy's Bakery. Prime Now relies on Amazon's growing network of fulfillment centers, which use high-end technology to speed up delivery times for customers. A portion of Amazon's new building on 34th Street in Manhattan serves as a hub for delivery of Prime Now orders in New York. 4.4.4 Fulfillment by Amazon Launched in 2006, Fulfillment by Amazon (FBA) is now used by millions of third-party sellers around the world. FBA enables third-party sellers to use Amazon's fulfillment network—more than 100 fulfillment centers and more than 15 sort centers around the world, staffed by thousands of Amazon employees—to store, pack and ship their products directly to customers while offering Amazon Prime benefits, free shipping, simple exporting to customers around the world, streamlined cross-border trade, easy returns and Amazon customer service. FBA is used by third-party sellers of all sizes in more than 100 countries, and allows businesses to take advantage of Amazon's fulfillment services and focus their efforts on growing their business. Third-party sellers from around the world use FBA to ship to 185 countries. In a 2014 survey, 71% of FBA respondents reported that their unit sales increased on Amazon more than 20% since joining FBA. And third-party sellers keep joining FBA—in 2014, the number of sellers on Amazon adopting FBA to help scale their businesses grew more than 65% year-over-year worldwide. FBA units shipped worldwide grew more than 50% year-over-year during the 2014 holiday season. 4.4.5 Amazon Launchpad Introduced in 2015, Amazon Launchpad is a relatively new program that makes it easy for startups to launch, market, and distribute their products to hundreds of millions of Amazon customers across the globe. Since launching a year ago, Amazon Launchpad has worked with over 100 leading venture capital firms, startup accelerators, and crowd- funding platforms to help more than 1,000 startups launch products in the U.S.,U.K., China, Germany, and France. The program offers a streamlined onboarding experience, custom product pages, a comprehensive marketing package, and access to Amazon’s global fulfillment network, all geared toward helping startups successfully launch their innovations and share their stories. With Amazon Launchpad, startups can overcome many of the challenges associated with launching new products by using Amazon’s retail expertise and infrastructure to create awareness and drive sales. 607 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 26 4.4.6 Prime Air Amazon Prime Air is a future delivery system that will get packages to customers in 30 minutes or less using small unmanned aerial vehicles. With Prime Air, we're developing a system that is safe, environmentally sound and enhances the services we already provide to millions of customers. Today, we are rapidly experimenting and iterating on Prime Air inside our next generation research and development labs, working to make our vision a reality. It may sound like science fiction, but it's real. Putting the system into service will take some time, but one day, seeing Prime Air vehicles will be as normal as seeing mail trucks on the road. 4.4.7 Amazon One Amazon One, a Boeing 767-300, is our first ever Amazon branded plane which will serve customers by adding capacity to support one and two day package delivery in the US. Adding capacity for Prime members by developing a dedicated air cargo network ensures there is enough available capacity to provide customers with great selection, low prices and incredible shipping speeds for years to come. Over the next couple of years, we’ll roll out 40 planes just like this one. 4.4.8 Customer Reviews Customer reviews were one of our earliest innovations, and many people thought we were nuts. Why would letting people post negative reviews help us sell those products? Because we're in the business of helping customers make better purchase decisions. Today, customer reviews are a critical part of Amazon. Every day, customers from around the world take to Amazon to write reviews—customers can now upload images, answer other customers' questions about a product and rate one another's reviews— and customers use these reviews to inform their purchasing decisions. Here are a few that made us laugh. 4.4.9 1-Click In 1997, Amazon launched 1-Click, an innovation that gives customers the ability to make purchases on the Web with just one click of the mouse—no more entering the same information over and over again for each purchase. 1-Click was a first-of-its-kind approach to retail. Before, customers had to re-enter their payment information—even on sites they regularly used—to complete a purchase. 1-Click eliminated this redundancy, making customers' shopping experiences easier and more seamless. It became a new standard for ease of buying on or off the Web. 4.4.10 Dash Button Launched in March 2015, Dash Button is Amazon's 1-Click ordering brought into the home. It's a service designed to eliminate those moments you realize you forgot to order a frequently-used household item—things like laundry detergent, dog food, diapers, trash bags, and coffee. With a single push of the button, Dash Button automatically places your order. In creating Dash Button, we wanted to give customers more options and to make life a little easier. 608 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 27 4.4.11 Frustration-Free Packaging We've all had wrap rage from going head-to-head with impossible-to-open packaging. So in 2008 we set out to solve the problem. "Frustration-Free Packaging" was designed to make it easier for customers to liberate products from their packages. We started small with just 19 of the worst offenders—products enclosed in hard plastic cases known as "clamshells" and those secured with plastic-coated wire ties, commonly used in toy packaging. After smoothing out the kinks and broadening the program, Frustration-Free Packaging has grown to over 400,000 products. And we're happy to report that our customers no longer have wrap rage. What's more, Frustration-Free Packaging has helped the planet by reducing over 50 million pounds of excess packaging to date. We've heard a lot of feedback from our customers like this: • "The old frustration full packaging took scissors and blood and sweat to open. The new way is perfect! Pull cardboard tab, open envelope, memory card in hand." • "I am a huge fan of Amazon Frustration Free Packaging ... Thank you for offering packaging that allows me to access my purchases without endangering myself." • "This was the best packaged item I've ever received from Amazon. No extra box, no frills. Just stick the sticker on the box and go. Way to be sustainable folks!" 4.4.12 Kaizen & Defect Reduction We continuously work to streamline our processes and eliminate defects. Doing so drives a better customer experience, including faster delivery and lower costs that enable lower prices for customers. We use many systematic methods to make work processes easier and more efficient, including the "Kaizen" program, named for the Japanese term meaning "change for the better." Through the Kaizen program, employees participate in small teams to identify waste and streamline processes. In 2015, more than 1,100 associates participated in 450-plus Kaizen activities. For example, a Kaizen team at one of Amazon’s Phoenix fulfillment centers set benchmark standards for the Box-On-Demand (BOD) process across the network for buildings that handle large-sized customer orders. The new process established staffing standards, created a baseline station design and reconfigured the production area. As a result, custom packaging productivity increased and resulted in an annual savings of six million dollars. 4.4.13 AmazonFresh Launched in Seattle in 2007, AmazonFresh allows customers to combine grocery and other shopping into one seamless experience that easily fits into their routines and improves their busy lives. Customers can order from more than 500,000 items for same- day and early morning delivery, including everything from fresh groceries and prepared meals to toys, electronics, household goods, and more 609 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 28 Our goal is to help busy families do their weekly grocery shopping in the most convenient way possible. With 24/7 mobile and web shopping, we meet them where they already are—online at home, at work, on a plane or waiting for their kids after soccer practice. We believe the ability to place an order after dinner to be delivered before breakfast the next day is a great benefit for busy parents and professionals. 4.4.14 Amazon Echo and Alexa In 2014, Amazon introduced Echo, a new category of device designed around your voice. It is hands-free and always on—you can ask Echo for information, music, news, sports scores, and weather from across the room and get results or answers instantly. Echo leverages Amazon Web Services to continue to learn and add functionality over time. Tucked under Echo's light ring are seven microphones. These sensors use beam- forming technology to hear you from any direction, even when Echo is playing music. Echo uses on-device keyword spotting to detect the wake word. When Echo detects the wake word, it lights up and streams audio to the cloud, using AWS to recognize and respond to your request. Importantly, you can ask Alexa (the AWS Cloud-based voice service that powers Amazon Echo) to order select Prime-eligible products from the Prime catalog or from your order history. 4.4.15 Amazon Web Services Amazon built AWS and became one of its biggest customers because we wanted to move faster. Before AWS, we had teams working on new ideas for the business and we found that they kept reinventing the wheel. Some of these teams were spending up to 70% of their time re-creating technology infrastructure—things like a web scale database, storage, queuing service, and other capabilities that we already had in use in other areas of the business. Not only was this extremely time consuming work for the teams, it was time that they weren't focused on delivering for customers. They were spending the majority of their time on the undifferentiating parts of the infrastructure required to make the idea work. That just seemed backwards to us. With AWS, Amazon teams can focus on their ideas—instantly spinning up an experiment of just about any size on-demand, without upfront capital expenditure. And they can spin it down just as quickly to re-tool if they need to, then do it all over again. That kind of experimentation loop can really pay off—particularly for large-scale innovations—when you move rapidly, experiment more, and lower the cost of failure. As an idea of how AWS innovations directly improve customer experience on Amazon Marketplace, see how the below information regarding how AWS seamlessly scales to accommodate the massive increase of traffic during Amazon’s PRIME Day. • Amazon Mobile Analytics events increased 1,661% on PRIME Day compared to the same day the previous week. • Amazon’s use of Amazon CloudWatch metrics increased 400% worldwide on PRIME Day, compared to the same day the previous week. 610 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 29 • Amazon DynamoDB served over 56 billion extra requests worldwide on PRIME Day compared to the same day the previous week. 4.5 Time Line Offeror shall provide a time line and schedule for completion of this project, highlighting critical points in the process. Table 12- Proposed Timeline #Action Target Completion After Award 1 Initial Kickoff to Discuss Expectations, Roles, and Responsibilities Week 1 2 Identify Program Contact Requirements including Supplier Contact Details Week 1 3 Review Project Plan including Contract Launch Date & Commitments Week 2 4 Complete Suppllier Setup Form, Identify Training Dates Week 2 5 Marketing Kickoff to Review Launch Deliverables including Microsite Week 2 6 Senior Management Status Meeting to Review Contract Launch Status Week 4 7 Review Joint Target Opportunities Week 5 8 Upload Content to Amazon Website Week 5 9 Sales Training & Communication Week 6 &7 10 Contract Launch Week 8 611 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 30 5.0 Supplier Information (Tab 5) 5.1 Supplier Qualifications a. Supplier Qualifications (Ref. pages 30-34): Offeror shall include a narrative of its understanding and acceptance of the Supplier Commitments. Amazon has read and understands that the Supplier Qualifications is an opportunity to provide maximum benefit to both U.S. Communities and Participating Public Agencies. If Amazon is awarded this contract, we will discuss the acceptance of the Supplier Commitments directly with U.S. Communities. 612 613 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 32 5.3 Supplier Information c. Supplier Information (Ref. pages 37-40). 5.3.1 Company 1. Provide the total number and location of sales persons employed by your company in the United States Currently, Amazon Business has three sales offices (Seattle, Boston, Detroit) but the capability to call on Participating Public Agencies in 35 states. 2. Number and location of distribution outlets in the United States (if applicable); Amazon’s U.S. fulfillment network includes more than 50 fulfillment centers, over 23 sortation centers, and more than 90,000 full-time Amazon employees. 3. Number and location of support centers (if applicable); This is not applicable. 4. Annual sales for 2013, 2014 and 2015 in the United States; Sales reporting should be segmented into the following categories: Cities Counties K-12 (Public/Private) Higher Education (Public/Private) States Other Public Sector and Non profits Federal Private Sector Amazon Business does not report this information separately from the larger Amazon.com marketplace or in these breakdowns. North American sales revenue, not including Amazon Web Services, for the prior three years is presented in Table 13. Table 13 - Amazon.com Inc. Revenue YEAR NORTH AMERICA NET SALES 2013 $ 41.4 B 2014 $ 50.8 B 2015 $ 63.7 B 5. Submit your current Federal Identification Number and latest Dun & Bradstreet report Tax ID number is 82-0544687 DUNS number is 142137640. Please see Tab 13.0 for a current Dun & Bradstreet report. 614 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 33 5.3.2 Distribution 1. Describe how your company proposes to distribute the Products nationwide Amazon Business Marketplace will utilize the same Amazon fulfillment network that supports Amazon’s Marketplace. Amazon’s U.S. fulfillment network includes more than 50 fulfillment centers, over 23 sortation centers, and more than 90,000 full-time Amazon employees. Also see information on Fulfillment by Amazon under #2 below. Amazon leverages multiple shipments organizations including USPS, UPS, and FedEx to delivery packages to customers. Exclusively for Amazon Business customers, we now offer Pallet Delivery where a customer can receive their large orders on one or more pallets rather than in potentially hundreds of separate boxes. Previously, a 1000 unit order delivered in 100 boxes in a single delivery would have resulted in: • 100 individual boxes, difficult to manage and keep track of in a busy receiving dock • 100 credit card charges and 100 shipping confirmation e-mails • 100 different shipment tracking pages, one for each package tracking ID Now, the customer experience is improved in the following ways: • Consolidated pallets delivered to the customer’s receiving dock • One credit card charge and one shipping confirmation e-mail • One shipment tracking page to visit to track the entire delivery 2. Identify other companies that will be involved in processing, handling or shipping the Product to the end user. Launched in 2006, Fulfillment by Amazon (FBA) is now used by millions of third-party sellers around the world. FBA enables third-party sellers to use Amazon's fulfillment network—more than 100 fulfillment centers around the world, staffed by thousands of Amazon employees—to store, pack and ship their products directly to customers while offering Amazon Prime benefits, free shipping, simple exporting to customers around the world, streamlined cross-border trade, easy returns and Amazon customer service. FBA is used by third-party sellers of all sizes in more than 100 countries, and allows businesses to take advantage of Amazon's fulfillment services and focus their efforts on growing their business. Third-party sellers from around the world use FBA to ship to 185 countries. Amazon leverages multiple shipments organizations including USPS, UPS, and FedEx to delivery packages to customers. 615 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 34 3. State the effectiveness of the proposed distribution in providing the lowest cost to the end user. We continuously work to streamline our processes and eliminate defects. Doing so drives a better customer experience, including faster delivery and lower costs that enable lower prices for customers. We use many systematic methods to make work processes easier and more efficient, including the "Kaizen" program, named for the Japanese term meaning "change for the better." Through the Kaizen program, employees participate in small teams to identify waste and streamline processes. In 2015, more than 1,100 associates participated in 450-plus Kaizen activities. For example, a Kaizen team at one of Amazon’s Phoenix fulfillment centers set benchmark standards for the Box-On-Demand (BOD) process across the network for buildings that handle large-sized customer orders. The new process established staffing standards, created a baseline station design and reconfigured the production area. As a result, custom packaging productivity increased and resulted in an annual savings of six million dollars. We strive for continuous improvement, and we understand that our progress depends on good execution and good judgment from thousands of employees. Amazon has a culture of innovating on behalf of customers, and our operations teams focus on our fulfillment centers and core supply chain processes, creating the capabilities required to enable the world’s largest selection with fast free shipping for Prime members. However, we see the same opportunity to innovate in transportation. Amazon One is our latest innovation in transportation, a Boeing 767-300 that is our first ever Amazon branded plane which will serve customers by adding capacity to support one and two day package delivery in the US. Adding capacity by developing a dedicated air cargo network ensures there is enough available capacity to provide customers with great selection, low prices and incredible shipping speeds for years to come. Over the next couple of years, Amazon will roll out 40 planes to build an even faster and more cost- effective fulfillment network. Distribution extends to packaging, and we continually strive to optimize the overall customer packaging experience. This includes driving improvements in the sustainability of packaging across Amazon’s supply chain, starting with our own packaging and our own operations. About 25 million times a year, customers write to tell us they love how their products have been packaged – sending us pictures and stories that our packaging and fulfillment center teams love to hear. They also tell us when our packaging hasn't worked – when their products were damaged, when the box used was too big, or just too hard to open. This informs our worldwide packaging team and allows us and our vendors to make improvements. If it's serious enough, their feedback can automatically pull what we call "the Andon cord" to prevent a product from disappointing another customer. We continue to pursue multi-year waste reduction initiatives – e-commerce ready packaging and Amazon Frustration-Free Packaging – to promote easy-to-open, 100% 616 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 35 recyclable packaging and to ship products in their own packages without additional shipping boxes. Such efforts also seek to eliminate hard plastic “clamshell” cases and the plastic-coated wire ties commonly used in toy packaging. These initiatives have grown to include more than 1.2 million products over time and have eliminated more than 36,000 tons of excess packaging just in 2015. If executed well, our innovations will also help us to: • Reduce prep, packing material and shipping supplies; • Reduce our operational costs by increasing the use of recycled materials • Increase the overall density of the packages we ship – good for transportation savings and less waste for our customers; and • Reduce the things that get damaged in transit and eliminate wasted packaging. 4. Provide the number, size and location of your company’s distribution facilities, warehouses and retail network as applicable. Amazon’s U.S. fulfillment network includes more than 50 fulfillment centers, over 23 sortation centers, and more than 90,000 full-time Amazon employees. 5. If applicable, describe your company’s ability to do business with manufacturer/dealer/distribution organizations that are either small or MWBE businesses as defined by the Small Business Administration. Third-party sellers selling on Amazon are able to be recognized for Quality, Diversity & Ownership credentials. Amazon does not provide assistance to obtain credentials, nor is Amazon a certifying body. Third-party sellers determine their own eligibility for a credential and are solely responsible for obtaining the appropriate supporting documentation, depending on the credential. Credentials are recognized or awarded by third parties. Amazon displays seller credentials because business customers have told us they are valuable in their purchasing decision. Amazon recognizes the following credentials: Quality Credentials • ISO 9001 - Quality Management Systems • ISO 13485 – Medical Devices Standards • ISO 14001 - Environmental Management Systems • ISO 22000 / HAACP - Food Quality Standards • ISO/TS 16949 - Quality Management Systems - Automotive • AS 9100 - Quality Systems - Aerospace • AS 9120 - Quality Systems - Aerospace- Distributors 617 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 36 Diversity & Ownership Credentials • Small Business • LGBT Business Enterprise • Minority Owned Business • Women Business Enterprise • Woman -Owned Small Business • Economically Disadvantaged Women-Owned Small Business • SBA-Certified Small Disadvantaged Business • SBA-Certified HUB Zone Firm • SBA-Certified 8(a)Firm • Veteran-Owned Small Business • Service Disabled Veteran-Owned Small Business Figure 12 - View information on third-party sellers such as 18 different diversity and quality credentials 618 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 37 Here is a link for up-to-date details on Amazon’s Seller Credential Program: https://www.amazon.com/gp/help/customer/display.html/ref=hp_left_v4_sib?ie=UTF8&n odeId=201715970 5.3.3 Marketing 1. Outline your company’s plan for marketing the Products to State and local government agencies nationwide. In 2016 Amazon Business will attend several procurement events targeted at education and government agencies in an effort to reach thousands of purchasing administrators, buying influencers, and buying decision makers. For example, Amazon Business attended 5 national events including ASBO, NAEP, NACUBO, FETC, and NIGP Annual Meetings. We also attended or plan to attend more than 20 local, state, and regional conferences. In addition to exhibiting or sponsoring specific events, Amazon Business is also submitting proposals to public agencies. This approach encourages Amazon Business Public Sector existing customers to share best practices rather than traditional commercial sales approaches. The benefit is both acquisition of new customers and increasing spend from existing customers. a) Amazon Business Marketing Collateral. Amazon Business shall work with U.S. Communities to create a one (1) page marketing collateral document demonstrating the benefits of the Master Agreement for use by Amazon’s public sector sales force personnel. b) Sales and Marketing Events. Amazon Business will display the U.S. Communities placard when exhibiting at tradeshows sponsored by U.S. Communities. Supplier shall provide a subject matter expert and content for at least two (2) annual webinars hosted by U.S. Communities. c) Tradeshows and Annual U.S. Communities Event. Amazon Business shall send two (2) public sector sales force personnel to U.S. Communities’ annual conference. d) National Institute of Government Purchasing (“NIGP”) Forum. Amazon Business will attend and participate as an exhibitor in the NIGP Forum (with, at a minimum, a 10x10 booth space) each year the Master Agreement is in effect. e) Solution-Based Marketing. Amazon Business shall identify the email campaigns provided by U.S. Communities in which Amazon Business will participate and will provide supporting content by published deadlines. f) Strategic Marketing Support. Amazon Business marketing team will meet with U.S Communities’ marketing team to discuss promotions and other campaigns and identify plans and opportunities to push activities out to Participating Public Agencies and webpage visitors. 619 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 38 g) Contract Launch. Amazon Business shall support U.S. Communities’ comprehensive marketing plan in support of the Master Agreement by completing the following tasks: (i) Amazon Business shall participate in weekly calls with U.S. Communities for six to eight (6-8) weeks to ensure all marketing tasks are completed by launch date. (ii) Amazon Business shall provide a subject matter expert for the two launch webinars hosted by U.S. Communities to promote the Master Agreement. (iii) Amazon Business shall prepare a press release to be posted on U.S. Communities’ website and provided to Penton media for announcement in the Coop Solutions newsletter. (iv) Amazon Business shall provide U.S. Communities with its logo pursuant to Section XX of the Administration Agreement. (v) Amazon Business shall provide content to U.S. Communities for the microsite to be created on U.S. Communities’ website. (vi) Search Engine Optimization – Amazon Business will work with U.S. Communities to optimize content on U.S. Communities’ website for organic search results. 2. Explain how your company will educate its national sales force about the Master Agreement. Amazon Business shall establish and implement a training program for its public sector sales force personnel on the Master Agreement and U.S. Communities program, and within one (1) month of the execution of the Master Agreement, will ensure that all Amazon Business public sector sales force personnel have completed such training. Thereafter, all new Amazon Business public sector sales force personnel will receive training on the Master Agreement and the U.S. Communities Program during new hire orientation. Supplier will cooperate with U.S. Communities on its training program by reviewing program content and/or developing program training materials. Amazon Business’ public sector sales force personnel will be trained on presenting the Master Agreement, including presenting the Master Agreement as a featured offering to Public Agencies, and as appropriate, in response to Public Agency procurement solicitations. 3. Explain how your company will market and transition the Master Agreement into the Featured offering to Participating Public Agencies. Dedicated U.S. Communities Web-Based Homepage. Amazon Business shall design and implement a dedicated U.S. Communities web-based homepage for the purpose of promoting the Master Agreement and on-boarding Participating Public Agencies. Amazon Business shall ensure that the dedicated U.S. Communities web-based homepage receives featured placement on the Amazon Business public sector landing 620 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 39 page (currently found at www.amazonbusiness.com/education). Amazon’s dedicated U.S. Communities web-based homepage will contain the following: (i) U.S. Communities standard logo with Founding Co-Sponsors logos; (ii) Copy of original procurement solicitation; (iii) Copy of Master Agreement including any amendments; (iv) Summary of Products and Services pricing; (v) Electronic link to U.S. Communities’ online registration page; (vi) A summary of Amazon Business features and benefits as described in the Master Agreement (vii) A Registration Flow that will include: (A) A link for existing Amazon Business customers to become a U.S. Communities member; (B) A link for existing U.S. Communities’ members to register for an Amazon Business account; and (C) A link for U.S. Communities members to opt-in to the Master Agreement; (viii) An opt-in and verification process to use the U.S. Communities Master Agreement (A) Form will require Public Agencies to authenticate first as an Amazon Business customer; (B) Form will require Public Agency Name, Agency Type ( Public Agency Address, Tax Identification Number, Contact Name, Contact Title, Contact Phone, Contact Email; and (C) Upon form submission, customer will be notified within five (5) business days to confirm program eligibility as a Participating Public Agency. 4. Explain how your company plans to market the Master Agreement to existing government customers and transition these customers to the Master Agreement. Amazon Business shall design and implement a dedicated U.S. Communities web- based homepage for the purpose of promoting the Master Agreement and on-boarding existing government customers. The homepage will have a registration flow that will include a link for existing Amazon Business customers to become a U.S. Communities member. Amazon Business shall proactively send email campaigns to existing customers following the contract launch. 621 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 40 5.3.4 Products, Services and Solutions 1. Provide a description of the Products and Solutions to be provided by the major product categories set forth in Statement of Needs of the RFP. The primary objective is for each Supplier to provide its complete product, service and solutions offerings so that Participating Public Agencies may order a range of product as appropriate for their needs. Please refer to Tab 4.0 (Statement of Needs). 2. State your normal delivery time (in days) and any options for expediting delivery. Please refer to Tab 4.0 (Statement of Needs). 3. State backorder policy. Do you fill or kill order and require Participating Public Agency to reorder if item is backordered? There are times when products are out of stock but will be back in stock in a short period of time. In cases such as these, our customers may still order the item, and the item will be reserved for the customer against our incoming stock. This is what is known as a backorder. It is in the customer's best interest to place an item on backorder so when items come back into stock they will be the first to receive the items; this is our first-come-first serve policy. Occasionally backordered items are canceled by the manufacturer and may not be available - in this case you would be notified by our customer service department. You may cancel a backorder at any time prior to shipment by notifying our customer service department. Backordered items will not be charged to credit card orders until the item has shipped from our warehouse. However, any other form of payment will result in an immediate charge. 4. State restocking fees and procedures for returning products. You can return many items sold on Amazon.com. When you return an item, you may see different return options depending on the seller, item, or reason for return. To start a return on an item you ordered: 1. Go to the Online Returns Center. (https://www.amazon.com/returns) 2. Follow the on-screen instructions to get a return mailing label and choose a return option. Depending on the item's eligibility, you'll be able to choose one of the following options: o Refund o Replacement o Exchange Note: Not all options will be available for all items. For items sold by an Amazon seller that aren't eligible for Amazon Prime from that seller, you will see Submit return request. The seller reviews the return request before issuing a refund or replacement. If you don't receive a response within two business days, you can submit an A-to-z Guarantee claim. For more information, go to A-to-z Guarantee Protection. (https://www.amazon.com/gp/help/customer/display.html?nodeId=537868) 622 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 41 When you return an item, your refund and how your refund is issued may differ based on the condition of the item, how long you've had the item and how the item was purchased. More information on your refunded any restocking fees can be found here: https://www.amazon.com/gp/help/customer/display.html/ref=help_search_1- 1?ie=UTF8&nodeId=901926&qid=1471226377&sr=1-1 For more information, please visit https://www.amazon.com/returns/. 5. Describe any special programs that your company offers that will improve customers’ ability to access Products, on-time delivery or other innovative strategies. Exclusively for Amazon Business customers, we offer beta programs for customers to provide feedback on new features including Pay by Invoice, Catalog Curation, cXML Invoicing, and more. 6. Describe the capacity of your company to broaden the scope of the contract and keep the product offerings current. There are hundreds of millions of products on Amazon Business Marketplace, and we’re adding more business items and suppliers regularly. You can purchase these new items as soon as they are available on the Amazon Business Marketplace. 5.3.5 Quality 1. Describe your company’s quality control processes. Amazon’s Inventory Control Quality Assurance (ICQA) process reports on how well we’re following processes in our Fulfillment Centers (FCs) and Customer Service centers. We are extremely customer focused, and analyze root causes of defects to drive improvements. The Operations ICQA team has two functions: inventory control (IC), which focuses on cycle-counting and related analysis/research to understand and correct any variances in our inventory, and quality assurance (QA), which audits how well we’re sticking to agreed processes and highlights any discrepancies. This team also helps analyze customer-facing metrics. 2. Describe your problem escalation process. Amazon Business provides a dedicated Customer Services team for organizations. Customers can contact Amazon Business Contact service by phone, email, or chat. Amazon Business Customer Service may be reached by phone at (866) 486-2360 Monday – Friday 8am – 10pm Eastern and Saturday & Sunday 8am – 5pm Eastern. End Users can submit general feedback about the Amazon Business program, specific products or services by emailing the team directly amazonbusinessfeedback@amazon.com. The business team will review your feedback, but due to volume we will not be able to respond to all emails. 623 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 42 3. How are customer complaints measured and categorized? What processes are in place to know that a problem has been resolved? Amazon Customer Service tracks all customer inquiries through an internal ticketing system where they are assigned a priority. Customer will receive notification from Customer Service once their problem has been resolved. 4. Describe any anticipated issues in servicing Participating Public Agencies and how you plan to manage these issues. Amazon.com provides customer services to hundreds of millions of customers worldwide. We offer support by phone, email, and chat. Amazon Business customers benefit from a dedicated Customer Service team including Enterprise support for customer integrations with eProcurement systems (Punchout). 5. Describe and provide any product or service warranties. You can return many items sold on Amazon.com. When you return an item, you may see different return options depending on the seller, item, or reason for return. Amazon.com Return Policy - Items shipped from Amazon.com, including Warehouse Deals, can be returned within 30 days of receipt of shipment in most cases. Some products have different policies or requirements associated with them. Amazon.com and Seller Returns Policies are available on the Amazon site. https://www.amazon.com/gp/help/customer/display.html?nodeId=15015721 5.3.6 Administration 1. State which forms of ordering allow the use of a procurement card and the accepted banking (credit card) affiliation. What payment methods are available? Payment methods, such as a debit or credit card, or Amazon line of credit, can be set up to support one or multiple people in a business. An Administrator can choose between individual or shared payment methods. What payment options are available? • Individual Payment Methods - Amazon Business accounts are automatically set up to support individual payment methods. All business- users will use their own payment methods & shipping addresses to place orders. Payment methods can be added or modified during checkout or in a business user’s Account Settings. When the business is enabled with groups that use individual payment methods, Requisitioners must add and edit their payment methods and shipping addresses. 624 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 43 • Shared Payment Methods - At any time, the Administrator can edit the business or group (if enabled) to shared payment methods, which are available for all Requisitioners to use when placing an order. With shared payment methods, only administrators can edit shared payment methods and shipping addresses, and they can only be added and edited from the business settings page. 2. Describe your company’s normal order processing procedure from point of customer contact through delivery and billing. When a customer checks out and submits their order, the following process occurs: 1. Amazon Payments receives the order and authorizes the customer's payment method. Amazon Payments also sends an order confirmation email to the customer and sends a "Sold, Ship Now" email to the seller. 2. The seller views the order by using the Manage Orders feature in Seller Central (Amazon Seller Account). 3. The seller fulfills the order (pick, pack, and ship) using their own business processes. (Note that if the seller is also using Fulfillment by Amazon – FBA – for orders, Amazon can be selected to fulfill orders.) 4. Amazon Payments charges the customer for the order, sends the customer an email that the seller shipped the order, and disburses funds to the seller’s account. Figure 13 - Check-out and order fulfillment process 3. Describe your company’s ecommerce capabilities, including details about your ability to create punch out sites and accept orders electronically (cXML, OCI, etc.). Please detail where you have integrated with a public agency’s ERP (PeopleSoft, Lawson, Oracle, SAP, etc.) system in the past and include some details about the resources you have in place to support these integrations. List, by ERP 625 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 44 provider, the following information: name of public agency, ERP system used, “go live” date, net sales per calendar year since “go live”, and percentage of agency sales being processed through this connection. Amazon Business PunchOut provides integration between a punchout user placing purchase requisitions on Amazon.com through their purchasing system, and order fulfillment by Amazon and its third-party sellers. With Amazon PunchOut, after the requisition is approved, Purchase Orders are sent to Amazon from a purchasing system such as Ariba, Coupa, or SciQuest (a full list of supported eProcurement systems are located in the hyperlink below). The purchasing system commonly supports accounts payable activities, workflow, and purchasing controls. https://www.amazon.com/b2b/info/purchasing-system?layout=landing Amazon Business PunchOut Customer Experience The punchout process involves a few basic steps. An employer-designated punchout user selects Amazon Business in their purchasing system. Next, they shop on Amazon Business, add products to the Cart, and submit the Cart for order approval. With punchout, the order approval workflow occurs within the purchasing system. After receiving the Cart, the purchasing system automatically creates a purchase order (PO) number based on the item and quantity in the Cart. Next, it sends the purchase order to Amazon through its technical systems. Amazon does not receive orders through email or FAX. Note: The PO created at the Cart is not related to any existing form of PO that your business may use separately. Purchase orders created for fulfillment through Amazon PunchOut must consist solely of basic information regarding the products selected for purchase (e.g., quantity, product name). Amazon does not accept any additional terms, conditions, obligations or provisions that are different than those set forth in the Amazon Business Accounts Terms & Conditions, which govern your use of Business Accounts and Amazon PunchOut and which you agree to when you register your business with Amazon. The PunchOut process involves a few basic steps: Step 1: A punchout-user selects Amazon Business in their purchasing system. Step 2: While shopping on Amazon, the punchout-user adds products to their cart. Step 3: The punchout-user submits the Cart for approval. Step 4: After receiving the Cart, the purchasing system automatically creates a purchase order (PO) number based on the item and quantity in the Cart. Step 5: The purchasing system then sends the purchase order (PO) number to Amazon through its technical systems. eProcurement Integration Case Study: Clark University Objective: Clark University implemented SciQuest in 2013 to help manage and automate the purchasing and payment process. While SmartBuy Plus incorporated 626 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 45 several online catalogs for key vendors, purchasers were still buying a significant volume of items through Amazon using either personal or Clark-issued credit cards. This process was inefficient as it created additional reconciliation or reporting work for purchasers and it by-passed the eProcurement system that was in place to help manage the purchasing and approval process. Clark needed a way to shift that purchasing onto its eProcurement platform. In March 2015 Paul Wykes, Clark’s Business Manager, learned that the Amazon Business punch-out could be enabled on SciQuest. Paul hoped that Amazon punch-out would give faculty and staff one-stop access to the world’s biggest online retailer through SmartBuy Plus. Through his SciQuest representative, he reached out to Amazon Business to learn more about the program. Clark registered for Amazon Business in April and went live with Amazon punch-out on May 1 with a pilot group of 20 users. Clark is using a shared corporate credit card to enable centralized billing. In August, Clark University rolled out Amazon Business punch-out to all 150 purchasing system users. Clark distributed an email newsletter and informational sheet to users and added an Amazon Business logo to its SmartBuy login page. Results: “Amazon was the most requested catalog from our end-users, so when it became available, it was a no-brainer,” says Wykes, adding that faculty and staff value the ease of use, convenience, and selection. Wykes says Clark’s Business and Financial Services Office likes the integration with its eProcurement system and spend controls. Increasing the use of Clark’s eProcurement system to purchase goods and services helps the university manage its expenses, lower administrative overhead, and ensure compliance with purchasing policies. Before Amazon Business punch-out, Clark struggled to balance the demands of faculty and staff with the goals of the business office. Clark believes Amazon will see more business as a result of the punch-out integration. “It has increased the use of our eProcurement system,” says Wykes. “Previously, many shoppers used Amazon but did it through other channels. We want to increase use of the eProcurement system and having Amazon as a punch-out catalog has been a big help in accomplishing that. It has increased utilization and lowered our administrative overhead.” 4. Describe any existing multi-state cooperative purchasing programs, including the entity’s name(s), contact person(s), contact information and annual volume. None at this time for Amazon Business Marketplace. 5. Describe the capacity of your company to report monthly sales under the Master Agreement by Participating Public Agency. 627 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 46 Within sixty (60) days of the end of each calendar month, Amazon Business shall deliver to U.S. Communities an electronic accounting report summarizing all purchases made under the Master Agreement during such calendar month. 6. Describe the capacity of your company to provide management reports, i.e. commodity histories, procurement card histories, green spend, etc. for each Participating Public Agency. Customers can use our analytics dashboard to track and monitor spending on Amazon Business with dynamic charts and data tables. We make it easy to analyze spend by individual users, groups, or your whole organization. Amazon Business Analytics enable customers to: •Aggregate your purchases to compare and track spend over time •Organize data by applying additional filters •Utilize the table view to get details behind graphical summaries •Customize table view to reflect only desired attributes •Create & save report templates for fast and easy future reference Figure 14 - Compare and Track Spending Over Time Figure 15 - Compare Spending on Product Categories 628 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 47 7. Please provide any suggested improvements and alternatives for doing business with your company that will make this arrangement more cost effective for your company and Participating Public Agencies. Leveraging the Amazon Business Marketplace with millions of third-party sellers, we are interested in working with Participating Public Agencies on developing tools that will create greater efficiencies in the bid/quotation process, increase transparency and buying power, improve contract compliance, and consolidate the administrative overhead of managing hundreds or thousands of individual suppliers. If given the opportunity, we look forward to discussing these improvements and alternatives with Prince William County Public Schools. 5.3.7 National Staffing Plan 1. A staffing plan is required which describes the Offeror’s proposed staff distribution to implement and manage this contract throughout the term of the contract. At a minimum, this plan should include the following: a.Identify the key personnel who will lead and support the implementation period of the contract outlined in the New Supplier Implementation Checklist along with the amount of time to be devoted to implementation b.Identify the key personnel who are to be engaged in this contract throughout the term of the contract and their relationship to the contracting organization; An Amazon Business General Manager for one of our Public Sector verticals (Education, Government, or Healthcare) will provide executive support for the program. Lead Referrals - Amazon Business shall designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring follow-up by Amazon’s staff to requests for contact from Participating Public Agencies. Amazon Business will follow-up on any leads routed through Amazon’s lead referral contact person within five (5) business days of receiving a lead. Amazon Business will enable Participating Public Agencies to utilize the Master Agreement within five (5) business days from the time a Participating Public Agency completes Amazon’s online registration form. 2. Provide an organizational chart of your company. Amazon does not publish organization charts. Please see the Amazon 2015 Annual Report for a list of our officers and board members. http://phx.corporate-ir.net/phoenix.zhtml?c=97664&p=irol-reportsAnnual 3.Submit the resumes of the below personnel: a.The person your company proposes to serve as the National Accounts Manager, b.Key executive personnel that will be supporting the program. Please see Proprietary Information (Tab 7) for this information. 629 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 48 5.3.8 Additional Information Please use this opportunity to describe any/all other features, advantages and benefits of your organization that you feel will provide additional value and benefit to a Participating Public Agency. Please see Section 4.4 Innovation. 630 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 49 6.0 References (Tab 6) The Offeror shall complete the Contractor Data Sheet (Attachment A), to include a minimum of three (3) organizations for which the Offeror has provided these products of the same or greater scope within the past three (3) years and can attest to the Offeror’s qualifications and ability to perform the services described in the Statement of Needs. Include the business name, address, and name, telephone number, fax number and e-mail address of the contract administrator. ATTACHMENT A Solicitation #R-TC-17006 CONTRACTOR DATA SHEET 1. QUALIFICATION OF OFFEROR: The Offeror shall have the capability and the capacity in all respects to fully satisfy all the contractual requirements. 2. YEARS IN BUSINESS: Indicate the length of time the Offeror has been in business providing the goods/services in this solicitation: 20 Years Months. 3. REFERENCES: Offerors shall provide a listing of at least three (3) references for which the company has provided specified goods/services of the same or greater scope within the past three (3) years. PWCS cannot be a reference. 1. Customer Name: Gwinnett County Public Schools Contact Name: Kevin Kriews Contact Title: Assistant Director Address: Gwinnett County Public Schools 437 Old Peachtree Road Suwanee, Ga 30024 E-mail: Kevin_Kriews@gwinnett.k12.ga.us Phone No. 678-301-6287 Fax No. 678-301-6284 2. Customer Name: Virginia Beach City Public Schools Contact Name: Jodi Geary Contact Title: Procurement Card Manager Address: Virginia Beach City Public Schools Office of Purchasing Services 2512 George Mason Drive Virginia Beach, VA 23456 E-mail: Jodi.Geary@vbschools.com Phone No. 757.263.1192 Fax No. 757.263.1147 Fax 3. Customer Name: Houston Independent School District Contact Name: Rick Gay Contact Title: Chief Procurement Officer 631 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 50 Address: Houston Independent School District Hattie Mae White Educational Support Center 4400 West 18th Street Houston, TX 77092 E-mail: rgay@HoustonISD.org Phone No. 713-556-6532 Fax No. 713-556-6564 632 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 51 7.0 Proprietary Information (Tab 7) Any such information must be submitted under this tab. See Section 6.13 for additional information. 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See Section 6.15 for additional information. 6.15. Submission of Proposed Exceptions: PWCS proposed contract documents and this Request for Proposals contain terms and conditions PWCS favors and intends to use for the resultant contract. If the Offeror wishes PWCS to consider any changes to these documents, such changes must be submitted as part of the Offeror’s proposal. Any contractor receiving a contract award shall be required to execute a contract in substantial compliance with PWCS standard contract and will be required to furnish all other required contract documents including tax identification or social security number within ten (10) days after receipt of notification that the contract is ready for signature; otherwise, PWCS may award the contract to another Offeror. See Section 6.17, Format and Content of Proposal, for specific instructions regarding the submission and identification of proposed exceptions. Amazon Services LLC takes the following exceptions: • Solicitation Document, Page 6, Participating Public Agencies: Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies’ Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides. Amazon reserves the right to limit participation under the Master Agreement to certain states. • • Section 5.2, Supplier Worksheet: B. Does your company have the ability to provide service to any Participating Public Agencies in at least 35 states, and the ability to deliver service in Alaska and Hawaii? As noted on the worksheet, we can provide service to any Participating Public Agencies in at least 35 states, and the ability to deliver service in Alaska. We cannot provide service to Public Agencies in Hawaii, Maine, Vermont and Iowa. 638 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 57 • • Tab 11, Attachment C, Certificate of Compliance: Page 15 of Solicitation, Section 10.1: By signing and submitting a proposal, the Offeror acknowledges that as a condition of any Contract awarded and prior to Notice of Award, the Contractor must certify that neither the Contractor, any employee of the Contractor, nor any other person who will provide services under the Contract shall comply as outlined on Attachment C, page 26. Amazon does not anticipate providing services requiring contact with students on school property, and therefore believes the Certificate of Compliance is inapplicable to the anticipated scope of this contract. If Amazon is awarded this contract, we will discuss applicability of this Certificate of Compliance. • Section 10.2, AUDIT: The Contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by PWCS, whichever is sooner. PWCS, its authorized agents shall have full access to and the right to examine any of said material during said period. To the extent that you have questions about the data supplied by us in any accounting statements or reports, or the amount or calculation of amounts paid pursuant to this agreement, the parties will engage in good faith efforts to resolve such questions and, upon your reasonable request, we will furnish back-up documentation sufficient to verify the accuracy and completeness of such accounting statements or reports, and to demonstrate the manner in which the amounts were calculated. • Section 10.4, EXTRA CHARGES NOT ALLOWED: The proposed prices shall be for the complete delivery ready for PWCS use, and shall include all applicable freight charges; extra charges will not be allowed for delivery to multiple locations. Shipping pricing will be clearly delineated on the website at the time of order. 639 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 58 • Section 10.6, WARRANTY: Except as otherwise specified, all materials and equipment shall be fully guaranteed against defects in material and workmanship for a period of one (1) year following date of delivery or by manufacturer’s warranty, whichever is greater. Should any defect be noted by PWCS, the Purchasing Office will notify the Contractor of such defect or nonconformance. Notification will state either (1) that the Contractor shall replace or correct, or (2) the owner does not require replacement or correction, but an equitable adjustment to the contract price will be negotiated. If the Contractor is required to correct or replace, it shall be at no cost to PWCS and shall be subject to all provisions of this clause to the same extent as materials initially delivered. If the Contractor fails or refuses to replace or correct the deficiency, the office issuing the purchase order may have the materials corrected or replaced with similar items and charge the Contractor the cost occasioned thereby or obtains an equitable adjustment in the contract price. Amazon-branded products are subject to the warranty provisions set forth on the applicable product detail page. For products sold by Amazon as the seller of record that are obtained by Amazon from a supplier, Amazon does not provide any warranty but Amazon agrees to pass through to you any transferable manufacturers’ standard warranties. Amazon makes no warranties of any kind with respect to products sold by third-party sellers. • Section 11, PWCS General Terms and Conditions: Amazon takes exception to each of the terms in Section 11 of the RFP, inclusive of paragraphs 1-50. Amazon instead proposes our standard terms and conditions (available at https://www.amazon.com/gp/help/customer/display.html/ref=hp_gt_b2b_h_tc?no deId=202025510 ) and, if Amazon is awarded this contract, we will discuss the modification of such terms to address PWCS-specific public sector requirements. • Attachment D, 3. CONTRACT TERM AND RENEWAL, Section 3.1; see also Contract Term & Renewal, Solicitation Document p. 15: The initial term of this contract shall be from the date of award to __, 20XX, with the option to renew four additional one-year periods, one year at a time, upon mutual written consent of the parties to the contract. Proposed prices shall remain firm for the initial term of the contract. Amazon proposes a 5-year base term plus two 2-year options. Pricing will be in conformance with the terms in the Administrative Agreement. 640 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 59 • Attachment D, 3. CONTRACT TERM AND RENEWAL, Section 3.2: For future contract renewal periods, price increases shall not exceed the percentage increase/decrease in the Consumer Price Index, Table 1 (http://stats.bls.gov/news.release/cpi.t0.htm), Urban Consumers (CPI-U), U. S. City Average, All Items, Unadjusted, for the most recently published twelve months as published by the U. S. Department of Labor, Bureau of Labor Statistics. The base price to which any adjustments will be made shall be the prices in effect during the contract period prior to the proposed contract period. Pricing will be in conformance with the terms in the Administrative Agreement. 641 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 60 9.0 Other Information (Tab 9) Include other relevant information the Offeror deems necessary to describe its qualifications to provide the services needed to successfully complete work described in the Statement of Needs or which the Offeror deems are relevant to its selection. 9.1 Ethical Work Practices At Amazon, we work hard to ensure that every Amazon product our customers buy is made in a way that ensures respect for the rights of workers in Amazon’s supply chain and throughout our operations. Our teams work on a continuous improvement model, researching and identifying risks in places where we source and operate, and designing programs to ensure that we build the capability to understand and mitigate those risks. Amazon is strongly committed to conducting its business in a lawful and ethical manner, including engaging with suppliers that are committed to the same principles. We require suppliers in our manufacturing supply chain to comply with our Supplier Code of Conduct* ("Supplier Code"), which is detailed below. Amazon also expects our suppliers to hold their suppliers and subcontractors to the standards and practices covered by our Supplier Code. Our products must be manufactured in a manner that meets or exceeds the expectations of Amazon and our customers as reflected in our Supplier Code. Here are some of the key areas we focus on: • Health and safety in production areas and any living quarters • The right to legal wages and benefits • Appropriate working hours and overtime pay • Prevention of child labor or forced labor • Fair and ethical treatment, including non-discrimination To ensure that our audit protocol and standards incorporate best-in-class practices, we conduct formal benchmarking with industry experts to review Amazon criteria against globally-recognized international standards and other businesses in the retail and electronics industries. We work closely with a leading independent specialist in designing, operating, and continually improving our audit program. Amazon managers participate directly in many of the on-site audits. Audit reports and findings are reviewed regularly by the senior leadership of the appropriate business and corrective action plans are implemented as needed. We partner closely with our suppliers to drive continuous improvement in worker conditions. We train our suppliers on the standards and conduct required by our Supplier Code. We use independent auditors to audit suppliers and verify compliance, including through confidential worker interviews. We audit all suppliers at least once per year to monitor continued compliance and improvement; many sites are audited multiple times a year, including for follow-up audits to address specific findings. Amazon may terminate its relationships with any supplier that violates our Supplier Code or does not cooperate with our auditors. 642 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 61 Every site audit includes: • Inspection of all areas of the site and any living quarters; • Confidential worker interviews conducted without site management present; • Review and analysis of site documents to assess workers' age, contracts, compensation, working hours, and workplace conditions; • Audit and review of current licenses and any past compliance issues; and • Identification of areas for improvement and development of a remediation plan. Upon completion of an audit, a supplier must promptly provide a detailed remediation plan for each issue identified. Amazon tracks remediation closely and conducts follow- up audits for significant issues. Between audits, Amazon employees often meet on-site with supplier managers to discuss open issues and remediation progress. 9.2 Environmental Stewardship Online shopping is inherently more environmentally friendly than traditional retailing. The efficiencies of online shopping result in a greener shopping experience than traditional retailing. Amazon’s energy and environmental efforts are taking place across the company, and at our locations around the world. We are constantly looking for ways to build upon our best energy and environmental practices and use them throughout Amazon. Examples of Amazon’s environmental initiatives include: • Clean Power Plan Amicus Brief - In April 2016, Amazon joined Apple, Google, and Microsoft in filing a legal brief that supports the continued implementation of the U.S. Environmental Protection Agency’s Clean Power Plan (CPP) and discusses the technology industry’s growing desire for affordable renewable energy across the U.S. Read the brief here1. • American Business Act on Climate Pledge - In 2015, Amazon signed the White House’s American Business Act on Climate Pledge to express support for action on climate change and to accelerate the transition to a low-carbon economy. The pledge brought over 150 companies together to voice support for a strong outcome in the 2015 Paris climate negotiations and to demonstrate their ongoing commitment to climate action. • Amazon Wind and Solar Farms - In 2015, Amazon announced the construction of Amazon Solar Farm US East, Amazon Wind Farm (Fowler Ridge), Amazon Wind Farm US Central and Amazon Wind Farm US East. Located in Virginia, Indiana, Ohio and North Carolina respectively, these new solar and wind farms are expected to generate more than 1.6 million MWh of additional renewable energy into the electric grids that supply current and future AWS Cloud data centers. The energy produced from these projects is enough to power roughly 1 http://d0.awsstatic.com/Sustainability/ 2016.04.01_AMICUS_FOR_RESPONDENT_BRIEF_filed_by_AMAZON.pdf 643 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 62 the equivalent of 150,000 U.S. homes, which is slightly larger than the city of Cleveland, Ohio. Amazon Wind Farm (Fowler Ridge) became operational January 1, 2016. Learn more here 2. • Recycling Energy - Amazon's newest buildings in the Denny Triangle area of Seattle will be heated using an innovative approach to sustainability—recycling energy3 from a nearby data center. This "district energy" system works by capturing heat generated at a non-Amazon data center in the neighboring Westin Building and recycling that heat through underground water pipes instead of venting it into the atmosphere. This unique approach is nearly four times more efficient than traditional heating methods and will also enable the Westin Building data center to cut back on the energy it uses to cool its building. The district energy system came about from a collaboration among Amazon, Clise Properties, McKinstry and the City of Seattle. Through it, Amazon will be able to heat 3 million square feet of office space. This ability to recycle energy from a neighbor is another big benefit of having an urban campus in the heart of Seattle One of Amazon's focuses on the environment includes AWS's long-term commitment to achieve 100% renewable energy usage for our global infrastructure footprint. Environmentally conscious Amazonians work together to implement environmental and energy initiatives across all parts of the company through the Kaizen program. Through this program, Amazon employees at all levels dive deep to identify waste and design alternative solutions that are more energy efficient. At Amazon, we're constantly looking for ways to further reduce our environmental impact. This spans our company—from our innovative building design to our Frustration-Free Packaging to business-specific initiatives like the AWS Climate Change Grant Program. Our original work at Amazon was, and continues to be, environmentally friendly, since online shopping is inherently more environmentally friendly than traditional retailing. The efficiencies of online shopping result in a greener shopping experience than traditional retailing. Amazon Frustration-Free Packaging is a multi-year initiative designed to make it easier for customers to liberate products from their packages. Frustration-Free Packaging is easy-to-open, 100% recyclable and products ship in their own packages without additional shipping boxes—it eliminates hard plastic "clamshell" cases and those annoying plastic-coated wire ties commonly used in toy packaging. Through the Amazon Frustration-Free Packaging Certification initiative, manufacturers can send their packaged products to our labs for free analysis and feedback on how their packaging can become Certified Frustration-Free. Our Certified Frustration-Free Packaging has grown to more than 400,000 products. Frustration-Free Packaging has helped the planet by reducing more than 50 million pounds of excess packaging to date. 2 https://www.amazon.com/p/feature/e9gomtbrh5qk4yp 3 https://www.amazon.com/p/feature/8sbggvr8fsks7kg 644 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 63 Product Recycling Amazon supports the responsible disposal and recycling of electronics products. To encourage our customers to recycle their Amazon devices, we offer free shipping for this purpose. We also cover the costs associated with Amazon device recycling, which is performed by licensed recycling facilities. In 2015, we became an industry steward participant and financial supporter of Call2Recycle. As part of this program, customers can drop off Amazon Basics rechargeable batteries at more than 34,000 collection sites throughout the U.S. and Canada. Additionally, we offer the Amazon Trade-In program which promotes the reuse, resell or responsible recycling of hundreds of thousands of eligible items in working or non- working conditions. Through the program, customers can trade in an array of eligible items, including electronics, with the convenience of free shipping. In exchange, the program offers Amazon Gift Card value which can be used toward anything Amazon offers. Based on the information provided in this Request for Proposals, the Offeror should identify all materials and services expected from PWCS in addition to general assistance. There are no additional expectations from PWCS other than general assistance to promote the Master Agreement to Participating Public Agencies. 645 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 64 646 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 65 11.0 Attachments B & C (Tab 11) 11.1 Attachment B – Completed Vendor Information Form ATTACHMENT B PRINCE WILLIAM COUNTY PUBLIC SCHOOLS Purchasing Office VENDOR INFORMATION FORM The following vendor information is required with all RFP responses along with a completed and signed W-9 form: Ordering/Purchase Order Submission: Legal Business Name: Amazon Services, LLC D/B/A: Amazon Business Address: 410 Terry Avenue North City, State, Zip: Seattle, WA 98109 Phone: (206) 708-9895 Fax: N/A Email: N/A Tax ID#: 82-0544687 Remittance: Check box if same as above □ Legal Business Name: Amazon Services, LLC Address: 410 Terry Avenue North City, State, Zip: Seattle, WA 98109 Contact Information: Name: Daniel Smith Title: General Manager Phone: (206) 708-9895 Fax: E-mail Address: dls@amazon.com Attention Vendors: Visit the PWCS Purchasing Office website at http://purchasing.departments.pwcs.edu to: Register on-line (Click on “Vendor Registration”) Obtain a W-9 form and instructions 647 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 66 11.2 W-9 Form This W -9 is for Amazon.com LLC, not Amazon Services LLC. Amazon.com LLC is the seller of record for retail purchases from Amazon Business and has a different W9 and TIN than Amazon Services LLC—the legal entity that is responding to this solicitation. 648 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 67 11.3 Attachment C – Certificate of Compliance Form Amazon does not anticipate providing services requiring contact with students on school property, and therefore believes the Certificate of Compliance is inapplicable to the anticipated scope of this contract. If Amazon is awarded this contract, we will discuss applicability of this Certificate of Compliance. ATTACHMENT C CERTIFICATE OF COMPLIANCE Code of Virginia §22.1-296.1 As a condition of contract award, Contractor/Vendor providing contracted services requiring direct contact with students on school property during regular school hours or school-sponsored activities/programs shall execute this document certifying that neither the Contractor nor any employee of the Contractor has been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse or rape of a child. This certification shall be binding upon the Contractor and their employees providing services throughout the term of the contract or purchase order, including any extensions or renewals. Contractor/Vendor acknowledges that, pursuant to the Code of Virginia §22.1-296.1 (A), any person making a materially false statement on this certification, shall be guilty of a Class 1 misdemeanor, and upon conviction, the fact of such conviction shall be grounds for revocation of the contract or purchase order. #R-TC-17006 Company Name Solicitation # Company Address Company Phone Number Print Name of Authorized Representative Authorized Representative Title Authorized Representative Signature Date 649 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 68 12.0 Access for On-Line Marketplace (Tab 12) The Offeror shall provide access to On-line Marketplace via user ID and password to include a hyperlink for use during the pricing evaluation. The information must be included in Tab 12 so the Evaluation Committee can access the cost for consideration in the evaluation process. To view our current pricing, please use the following login: Step 1. Navigate to www.amazon.com/business and click Sign-In. Step 2. Enter mkl+pwcps@amazon.com. The password is amazon. 650 Prince William County Schools RFP R-TC-17006 On-line Marketplace for the Purchases of Products and Services October 14, 2016 Amazon Privileged and Confidential Page 69 13.0 Dun & Bradstreet Report (Tab 13) The following pages contain a current Dun & Bradstreet report on Amazon Services, LLC. 651 Amazon Services Llc DUNS: 14-213-7640 Business Information Report Company Information Corporate Family: 410 Terry Ave N Seattle, WA 98109 This is a single location subsidiary location. Website www.amazon.com Telephone (206) 266-1000 Chief Executive:DIRECTOR(S): THE OFFICER(S) Stock Symbol:NA Year Started 2003 Employees 20 This business is a subsidiary single location of the corporate family. Financial Statement Sales NA Net Worth NA History: NA Financial Condition: NA Financing: SECURED SIC: 7374 7375 Line of Business:Information retrieval services, data processing/preparation Scores PAYDEX ® 72 12 days beyond terms Based on up to 24 months of trade. D&B PAYDEX® Key High risk of late payment (average 30 to 120 days beyond terms) Medium risk of late payment (average 30 days or less beyond terms) Low risk of late payment (average prompt to 30+ days sooner) Credit Limit Recommendation Risk Category Moderate Conservative Credit Limit $7.5k Aggressive Credit Limit $25k 652 D&B Rating ® Rating 1R3 Number of employees:1R indicates 10 or more employees Composite Credit Appraisal:3 is fair The credit rating was assigned based on D&B's assessment of the company's financial ratios and its cash flow. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 03/24/2007 The Summary Analysis section reflects information in D&B´s file as of October 4, 2016 D&B Rating Date Applied 1R3 2014-08-21 1R4 2013-03-04 1R3 2011-09-13 --2011-09-06 1R3 2008-10-03 1R4 2007-03-24 D&B Viability Rating 4 Viability Score Compared to ALL US Businesses within the D&B Database: Level of Risk: Low Risk Businesses ranked 4 have a probability of becoming no longer viable: 5% Percentage of businesses ranked 4: 14% Across all US businesses, the average probability of becoming no longer viable: 14% 653 5 Portfolio Comparison Compared to ALL US Businesses within the D&B Database: Model Segment: Established Trade Payments Level of Risk: Moderate Risk Businesses ranked 5 within this model segment have a probability of becoming no longer viable: 5% Percentage of businesses ranked5 within this model segment: 11% Within this model segment, the average probability of becoming no longer viable: 5% B Data Depth Indicator Data Depth Indicator: Rich Firmographics Extensive Commercial Trading Activity Basic Financial Attributes Z Company Profile Financial Data Trade Payments Company Size Years in Business --SUBSIDIARY - Compared to ALL US Businesses within the D&B Database: Financial Data: - Trade Payments: - Company Size: SUBSIDIARY Years in Business: - History & Operations History 04/05/2016 Officer(s): TOM SZKUTAK, CEO JASON M BRISTOW, MNG MBR DIRECTOR(S): THE OFFICER(S) The Nevada Secretary of State's business registrations file showed that Amazon Services LLC was registered as a Limited Liability Company on October 21, 2003. Business started 2003. Although this company operates as a Limited Liability Company, the members have elected to use officer titles to denote areas of responsibility. TOM SZKUTAK. Antecedents not available. JASON M BRISTOW. Antecedents not available. Business address has changed from 1200 12th Ave S Ste 200, Seattle, WA, 98144 to 410 Terry Ave N, Seattle, WA, 98144. The following information was reported: 654 Operations 04/05/2016 Description: Subsidiary of Amazon.com, Inc, Seattle, WA. As noted,this company is a subsidiary of Amazon.com,Inc,Duns number 88-474-5530 and reference is made to that report for background information on the parent and its management. Provides information retrieval services. Provides computer and data processing, and preparation. Terms are undetermined. Sells to undetermined. 20 which includes partners. Occupies premises in a building. Employees: Facilities: SIC & NAICS SIC: Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations that if we use the standard 4-digit code.The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browser window. 7375 0000 Information retrieval services 7374 0000 Data processing and preparation NAICS: 518210 Data Processing, Hosting, and Related Services 519190 All Other Information Services Payments PAYDEX® ® The D&B PAYDEX® is a unique, dollar weighted indicator of payment performance based on up to 43 payment experiences as reported to D&B by trade references. High risk of late payment (average 30 to 120 days beyond terms) Medium risk of late payment (average 30 days or less beyond terms) Low risk of late payment (average prompt to 30+ days sooner) 3 Month PAYDEX® 71 When weighted by dollar amount, payments to suppliers average 14 days beyond terms terms. Based on payments collected over the last 3 months 24 Month PAYDEX® 72 When weighted by dollar amount, payments to suppliers average 12 days beyond terms terms. Based on payments collected over the last 24 months When dollar amounts are not considered, then approximately 72 of the company's payments are within terms. Payments Summary 655 Total (Last 24 Months): 43 Total Received Total Dollar Amount Largest High Credit Payment summary Within Terms Days Slow 31 30-80 81-90 90 Top Industries Telephone communictns 7 $325,250.00 $300,000.00 94%1 2 0 3 Trucking non-local 6 $4,462,500.00 $3,000,000.00 85%7 8 0 0 Detective/guard svcs 3 $2,200,000.00 $800,000.00 100%0 0 0 0 Whol computers/softwr 2 $20,045,000.00 $20,000,000.00 50%50 0 0 0 Mfg nonwd office furn 2 $600,500.00 $600,000.00 100%0 0 0 0 Whol industrial suppl 2 $76,000.00 $75,000.00 50%0 0 0 50 Whol chemicals 2 $3,500.00 $2,500.00 35%0 0 29 36 Whol office supplies 1 $8,000,000.00 $8,000,000.00 100%0 0 0 0 Whol groceries 1 $7,000,000.00 $7,000,000.00 50%50 0 0 0 Mfg male work clothes 1 $4,000,000.00 $4,000,000.00 100%0 0 0 0 Mfg toiletries 1 $3,000,000.00 $3,000,000.00 100%0 0 0 0 State commercial bank 1 $1,000,000.00 $1,000,000.00 100%0 0 0 0 Nonclassified 1 $750,000.00 $750,000.00 100%0 0 0 0 Ret mail-order house 1 $400,000.00 $400,000.00 100%0 0 0 0 Paperboard mill 1 $100,000.00 $100,000.00 0%100 0 0 0 Mfg primary batteries 1 $100,000.00 $100,000.00 100%0 0 0 0 Gravure printing 1 $40,000.00 $40,000.00 50%0 50 0 0 Whol auto parts 1 $35,000.00 $35,000.00 100%0 0 0 0 Mfg elect. components 1 $10,000.00 $10,000.00 50%50 0 0 0 Short-trm busn credit 1 $7,500.00 $7,500.00 100%0 0 0 0 Help supply service 1 $5,000.00 $5,000.00 100%0 0 0 0 Whol frozen foods 1 $2,500.00 $2,500.00 100%0 0 0 0 Arrange cargo transpt 1 $500.00 $500.00 100%0 0 0 0 Other Categories Cash experiences 3 $900 $750 ---------- Unknown 0 $0 $0 ---------- Unfavorable comments 0 $0 $0 ---------- Placed for collections with D&B:0 $0 $0 ---------- Other 0 N/A $0 ---------- Total in D&B's file 43 $52,164,150 $20,000,000 ---------- The highest Now Owes on file is $8,000,000 The highest Past Due on file is $2,000,000 There are 43 payment experience(s) in D&Bs file for the most recent 24 months, with 27 experience(s) reported during the last three month period. Payments Details Total (Last 24 Months): 43 656 Date Paying Record High Credit Now Owes Past Due Selling Terms Last sale w/f (Mo. ) 09/2016 Ppt $1,000,000 $1,000,000 $0 --1 mo 08/2016 Ppt $8,000,000 $8,000,000 $0 PROX 1 mo 08/2016 Ppt $4,000,000 $3,000,000 $0 N30 1 mo 08/2016 Ppt $3,000,000 $1,000,000 $0 --1 mo 08/2016 Ppt $3,000,000 $2,000,000 $10,000 N30 1 mo 08/2016 Ppt $800,000 $500,000 $2,500 --1 mo 08/2016 Ppt $700,000 $600,000 $5,000 --1 mo 08/2016 Ppt $700,000 $0 $0 --2-3 mos 08/2016 Ppt $600,000 $600,000 $0 --1 mo 08/2016 Ppt $300,000 $0 $0 --6-12 mos 08/2016 Ppt $100,000 $55,000 $10,000 --1 mo 08/2016 Ppt $85,000 $25,000 $750 N30 1 mo 08/2016 Ppt $75,000 $35,000 $0 N30 1 mo 08/2016 Ppt $7,500 $1,000 $0 Lease Agreemnt 1 mo 08/2016 Ppt $1,000 $0 $0 --2-3 mos 08/2016 Ppt $500 $0 $0 --2-3 mos 08/2016 Ppt $500 $0 $0 --2-3 mos 08/2016 Ppt-Slow 30 $20,000,000 $8,000,000 $600,000 N60 1 mo 08/2016 Ppt-Slow 30 $7,000,000 $6,000,000 $2,000,000 --1 mo 08/2016 Ppt-Slow 30 $600,000 $100,000 $45,000 --1 mo 08/2016 Ppt-Slow 60 $700,000 $0 $0 --1 mo 08/2016 Ppt-Slow 60 $40,000 $20,000 $0 --1 mo 08/2016 Ppt-Slow 180 $2,500 $1,000 $1,000 --1 mo 08/2016 Slow 90 $2,500 $0 $0 --6-12 mos 08/2016 Slow 60-90+$15,000 $15,000 $15,000 --1 mo 08/2016 Slow 30-90+$7,500 $5,000 $5,000 --1 mo 07/2016 Ppt-Slow 30 $10,000 $5,000 $5,000 --1 mo 06/2016 Ppt $45,000 $0 $0 N30 6-12 mos 06/2016 Ppt $35,000 $35,000 $1,000 --1 mo 05/2016 Ppt-Slow 30 $500 $0 $0 --1 mo 03/2016 Ppt $400,000 $250,000 $55,000 --1 mo 02/2016 Ppt-Slow 30 $750 $0 $0 --6-12 mos 01/2016 Ppt $5,000 $0 $0 --6-12 mos 01/2016 Slow 90 $1,000 $0 $0 --6-12 mos 12/2015 Ppt $750,000 $0 $0 --6-12 mos 10/2015 Ppt $2,500 $0 $0 --2-3 mos 07/2015 Ppt-Slow 180 $75,000 $60,000 $60,000 --4-5 mos 07/2015 Ppt-Slow 180 $1,000 $1,000 $500 --1 mo 657 Date Paying Record High Credit Now Owes Past Due Selling Terms Last sale w/f (Mo. ) 07/2015 (039)$50 ----Cash account 6-12 mos 04/2015 (040)$100 ----Cash account 1 mo 03/2015 (041)$750 ----Cash account 1 mo 11/2014 Ppt $500 $0 $0 N45 6-12 mos 11/2014 Slow 20 $100,000 $0 $0 --6-12 mos Payments Detail Key: 30 or more days beyond terms Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. Banking and Finance Statement Update Key Business Ratios from D&B This Company Key Financial Comparisons 658 ($)($)($) This Company's Operating Results Year Over Year Net Sales NA NA NA Gross Profit NA NA NA Net Profit NA NA NA Dividends / Withdrawals NA NA NA Working Capital NA NA NA This Company's Assets Year Over Year Cash NA NA NA Accounts Receivable NA NA NA Notes Receivable NA NA NA Inventories NA NA NA Other Current NA NA NA Total Current NA NA NA Fixed Assets NA NA NA Other Non Current NA NA NA Total Assets NA NA NA This Company's Liabilities Year Over Year Accounts Payable NA NA NA Bank Loan NA NA NA Notes Payable NA NA NA Other Current Liabilities NA NA NA Total Current Liabilities NA NA NA Other Long Term and Short Term Liabilities NA NA NA Defferred Credit NA NA NA Net Worth NA NA NA Total Liabilities and Net Worth NA NA NA Key Business Ratios We currently do not have any recent financial statements on file for your business. Submitting financial statements can help improve your D&B scores. To submit a financial statement, please call customer service at 800-333-0505. 659 This Company Industry Median Industry Quartile Solvency Quick Ratio NA NA NA Current Ratio NA NA NA Current Liabilities to Net Worth NA NA NA Current Liabilities to Inventory NA NA NA Total Current NA NA NA Fixed Assets to Net Worth NA NA NA Efficiency Collection Period NA NA NA Inventory Turn Over NA NA NA Sales to NWC NA NA NA Acct Pay to Sales NA NA NA Profitability Return on Sales NA NA NA Return on Assets NA NA NA Return on NetWorth NA NA NA Public Filings Summary The following data includes both open and closed filings found in D&B's database on this company. Record Type # of Records Most Recent Filing Date Bankruptcy Proceedings 0 - Judgments 0 - Liens 0 - Suits 0 - UCCs 28 07/22/15 The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source. Judgments We currently don't have enough data to display this section Liens We currently don't have enough data to display this section Suits We currently don't have enough data to display this section UCC Filings 660 Collateral:Negotiable instruments and proceeds - Assets and proceeds Type:Original Sec.Party:DEUTSCHE BANK AG, NEW YORK BRANCH, NEW YORK, NY Debtor:AMAZON CAPITAL SERVICES, INC. Filing No.:2015 2184686 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:05/21/15 Latest Info Received:06/23/15 Collateral:Account(s) and proceeds - Chattel paper and proceeds - General intangibles(s) and proceeds - Leased Computer equipment and proceeds Type:Original Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, TUCKER, GA Debtor:AMAZON CORPORATE LLC Filing No.:2015 2816063 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:06/30/15 Latest Info Received:08/04/15 Type:Assignment Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, TUCKER, GANATIONAL AUSTRALIA BANK LIMITED, SYDNEY Debtor:AMAZON CORPORATE LLC Filing No.:2015 3081865 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:07/02/15 Latest Info Received:08/14/15 Original Filing No.:2015 2816063 Original UCC Filed Date:06/30/15 Collateral:Account(s) and proceeds - Chattel paper and proceeds - General intangibles(s) and proceeds - Leased Equipment and proceeds - Leased Computer equipment and proceeds Type:Original Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, TUCKER, GA Debtor:AMAZON CORPORATE LLC Filing No.:2014 4807012 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:11/28/14 Latest Info Received:01/05/15 Collateral:Account(s) and proceeds - Chattel paper and proceeds - General intangibles(s) and proceeds - Leased Computer equipment and proceeds Type:Original Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, TUCKER, GA Debtor:AMAZON CORPORATE LLC Filing No.:2014 4800116 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:11/26/14 Latest Info Received:01/05/15 661 Collateral:Account(s) - Computer equipment - General intangibles(s) - Chattel paper - Equipment Type:Original Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, TUCKER, GA Debtor:AMAZON CORPORATE LLCand OTHERS Filing No.:2010 2666687 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:07/30/10 Latest Info Received:08/18/10 Collateral:Account(s) and proceeds - General intangibles(s) and proceeds - Chattel paper and proceeds - Leased Computer equipment and proceeds - Leased Equipment and proceeds Type:Amendment Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, TUCKER, GA Debtor:AMAZON CORPORATE LLCand OTHERS Filing No.:2010 3638347 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:10/18/10 Latest Info Received:11/10/10 Original Filing No.:2010 2666687 Original UCC Filed Date:07/30/10 Collateral:Account(s) and proceeds - Computer equipment and proceeds - General intangibles(s) and proceeds - Chattel paper and proceeds - Equipment and proceeds Type:Original Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, TUCKER, GA Debtor:AMAZON CORPORATE LLCand OTHERS Filing No.:2010 2312548 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:07/01/10 Latest Info Received:07/29/10 Collateral:Account(s) and proceeds - General intangibles(s) and proceeds - Chattel paper and proceeds - Leased Computer equipment and proceeds - Leased Equipment and proceeds Type:Original Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, TUCKER, GA Debtor:AMAZON CORPORATE LLC Filing No.:2010 2312530 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:07/01/10 Latest Info Received:07/29/10 Collateral:All Equipment including proceeds and products Type:Original Sec.Party:MACQUARIE EQUIPMENT FINANCE, LLC, BLOOMFLD HLS, MI Debtor:AMAZON CORPORATE LLC Filing No.:2009 2584602 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:08/12/09 662 Latest Info Received:09/15/09 Collateral:Leased Equipment including proceeds and products Type:Original Sec.Party:MACQUARIE EQUIPMENT FINANCE, LLC, BLOOMFLD HLS, MI Debtor:AMAZON CORPORATE LLC Filing No.:2009 2584685 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:08/12/09 Latest Info Received:09/15/09 Collateral:Leased Equipment and proceeds Type:Amendment Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC Debtor:AMAZON CORPORATE LLC Filing No.:2009 3480180 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:10/29/09 Latest Info Received:12/02/09 Original Filing No.:2009 2584685 Original UCC Filed Date:08/12/09 Collateral:Equipment Type:Assignment Sec.Party:BANC OF AMERICA LEASING & CAPITAL, LLC, PROVIDENCE, RIMACQUARIE EQUIPMENT FINANCE, LLC, BLOOMFLD HLS, MI Debtor:AMAZON CORPORATE LLC Filing No.:2009 3477053 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:10/29/09 Latest Info Received:12/02/09 Original Filing No.:2009 2584685 Original UCC Filed Date:08/12/09 Collateral:Leased Computer equipment including proceeds and products - Leased Equipment including proceeds and products Type:Original Sec.Party:MACQUARIE EQUIPMENT FINANCE, LLC, BLOOMFIELD HILLS, MI Debtor:AMAZON CORPORATE LLC Filing No.:2009 2086111 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:06/30/09 Latest Info Received:08/04/09 Collateral:Equipment Type:Assignment Sec.Party:MACQUARIE EQUIPMENT FINANCE, LLC, BLOOMFIELD HILLS, MI Assignee:BANC OF AMERICA LEASING & CAPITAL, LLC, PROVIDENCE, RI Debtor:AMAZON CORPORATE LLC Filing No.:2009 2086657 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE 663 Date Filed:06/30/09 Latest Info Received:07/03/09 Original Filing No.:2009 2086111 Original UCC Filed Date:06/30/09 Type:Assignment Sec.Party:MACQUARIE EQUIPMENT FINANCE, LLC, BLOOMFIELD HILLS, MIMASSMUTUAL ASSET FINANCE, LLC, FOXBORO, MA Debtor:AMAZON CORPORATE LLC Filing No.:2009 2468376 Filed With:SECRETARY OF STATE/UCC DIVISION, DOVER, DE Date Filed:08/03/09 Latest Info Received:09/03/09 Original Filing No.:2009 2086111 Original UCC Filed Date:06/30/09 The public record items contained herein may have been paid, terminated, vacated or released prior to today's date. Government Activity Summary Possible Candidate: Borrower (Dir/Guar):NO Administrative Debt:NO Contractor:NO Grantee:NO Party excluded from federal program(s):NO Labor Surplus Area:N/A Small Business:N/A 8(A) Firm:N/A The public record items contained herein may have been paid, terminated, vacated, or released prior to today's date The public record items contained herein may have been paid, terminated, vacated or released prior to today's date. Special Events N/A Corporate Linkage Parent Company Name DUNS #City, State AMAZON.COM, INC.88-474-5530 SEATTLE, WASHINGTON Headquarters (US)664 Company Name DUNS #City, State GOLDEN STATE FC LLC 03-882-1394 SEATTLE, WASHINGTON WOOT, INC.82-777-0173 CARROLLTON, TEXAS AMAZON OVERSEAS HOLDINGS, INC.08-017-5981 SEATTLE, WASHINGTON AMAZON TECHNOLOGIES, INC.15-032-3132 APOPKA, FLORIDA AMAZON.COM.DEDC, LLC 12-898-9188 SEATTLE, WASHINGTON AMAZON CORPORATE LLC 12-899-0269 SEATTLE, WASHINGTON AMAZON.COM LLC 12-899-0368 SEATTLE, WASHINGTON AMAZON WEB SERVICES, INC.96-504-8981 SEATTLE, WASHINGTON AUDIBLE, INC.94-622-9150 NEWARK, NEW JERSEY US Linkages Company Name DUNS #City, State Subsidiaries BORDERS TEAMED WITH AMAZON.COM, INC 10-663-1307 SEATTLE, WASHINGTON SHOEFITR, INC.06-840-6455 PITTSBURGH, PENNSYLVANIA AMAZON.COM.KSDC, INC.10-338-9883 COFFEYVILLE, KANSAS AMAZON.COM.CA, INC.10-663-0614 SEATTLE, WASHINGTON AMAZON.COM.NVDC, INC.11-999-8883 FERNLEY, NEVADA A9.COM, INC.79-145-6648 PALO ALTO, CALIFORNIA AMAZON SERVICES INTERNATIONAL, INC.07-876-9872 SEATTLE, WASHINGTON AMAZON.COM INC.12-946-5584 GRAND FORKS, NORTH DAKOTA ALEXA INTERNET 17-930-0116 SAN FRANCISCO, CALIFORNIA TWITCH INTERACTIVE, INC.01-991-7198 SAN FRANCISCO, CALIFORNIA AMAZON PROCUREMENT INC 07-849-5570 SEATTLE, WASHINGTON ZAPPOS FULFILLMENT CENTERS, INC.96-460-0824 LAS VEGAS, NEVADA ANNAPURNA LABS (U.S.) INC.05-333-3974 CUPERTINO, CALIFORNIA Branches AMAZON.COM, INC.07-828-1357 HEBRON, KENTUCKY BOP LLC 80-313-1957 NEW YORK, NEW YORK AMAZON.COM, INC.07-862-6291 SAN LUIS OBISPO, CALIFORNIA ZAPPOS.COM INC 78-563-6163 SHEPHERDSVILLE, KENTUCKY ZAPPOS MERCHANDISING, INC.07-881-8566 LAS VEGAS, NEVADA AMAZON.COM, INC.07-566-2823 HAYMARKET, VIRGINIA AMAZON.COM.DEDC, LLC 96-904-2162 CHARLESTON, TENNESSEE AMAZON.COM.DEDC, LLC 96-904-2170 CHATTANOOGA, TENNESSEE AMAZON.COM.DEDC, LLC 96-904-2212 WEST COLUMBIA, SOUTH CAROLINA GOLDEN STATE FC LLC 04-307-9643 TRACY, CALIFORNIA AMAZON WEB SERVICES, INC.08-022-8545 PITTSBURGH, PENNSYLVANIA AMAZON.COM.DEDC, LLC 78-507-7988 ALLENTOWN, PENNSYLVANIA 665 Company Name DUNS #City, State AMAZON.COM, INC.02-183-9619 BROOKLYN, NEW YORK AMAZON.COM, INC.04-823-1647 SEATTLE, WASHINGTON AMAZON.COM.DEDC, LLC 05-742-3431 NEW CASTLE, DELAWARE AMAZON.COM, INC.07-911-8702 PATTERSON, CALIFORNIA AMAZON.COM, INC.07-990-2660 SEATTLE, WASHINGTON AMAZON.COM, INC.05-464-9732 HAZLE TOWNSHIP, PENNSYLVANIA AMAZON.COM, INC.05-750-7473 JEFFERSONVILLE, INDIANA AMAZON.COM, INC.04-021-8556 PHILADELPHIA, PENNSYLVANIA GOLDEN STATE FC LLC 04-385-4679 PATTERSON, CALIFORNIA AMAZON.COM, INC.05-832-4156 CHESTER, VIRGINIA AMAZON.COM, INC.96-962-8614 SEATTLE, WASHINGTON AMAZON.COM, INC.10-687-9450 SEATTLE, WASHINGTON AMAZON.COM, INC.96-813-5884 SEATTLE, WASHINGTON AMAZON.COM LLC 04-630-3069 COPPELL, TEXAS AMAZON.COM LLC 07-994-7844 CARLISLE, PENNSYLVANIA AMAZON.COM, INC.07-880-7242 SEATTLE, WASHINGTON AMAZON.COM LLC 96-861-3732 LEWISBERRY, PENNSYLVANIA AMAZON.COM, INC.95-845-4188 WATERTOWN, MASSACHUSETTS AMAZON FULFILLMENT SERVICES, INC.08-020-3236 SUMNER, WASHINGTON AMAZON.COM.KYDC LLC 19-736-2812 HEBRON, KENTUCKY AMAZON.COM, INC.96-854-4028 NEW YORK, NEW YORK International Linkages Company Name DUNS #Country City, State / Province Headquarters AMAZON CS IRELAND LIMITED 89-626- 1208 IRELAND DUBLIN, CO DUBLIN AMAZON DEUTSCHLAND SERVICES GMBH 31-470- 5989 GERMANY MUNCHEN, BAYERN AMAZON FULFILLMENT GERMANY GMBH 34-165- 7845 GERMANY RHEINBERG, NORDRHEIN- WESTFALEN BEIJING SHIJI ZHUOYUE EXPRESS SERVICE CO., LTD. 54-496- 4328 CHINA BEIJING, BEIJING AMAZON TECHNOLOGIES COMPANY 91-339- 1116 BRAZIL MANAUS, AMAZONAS AMAZON FR LOGISTIQUE 39-224- 8501 FRANCE ORLEANS CEDEX 9, LOIRET AMAZON ITALIA CUSTOMER SERVICES SRL 85-718- 1742 ITALY MILANO, MILANO AMAZON EURASIA HOLDINGS SARL 40-085- 4911 LUXEMBOURG LUXEMBOURG, Subsidiaries THE BOOK DEPOSITORY LIMITED 73-870- 3730 ENGLAND LONDON, LONDON 666 Company Name DUNS #Country City, State / Province AMAZON ITALIA SERVICES SRL 33-924- 4307 ITALY MILANO, MILANO AMAZON KOBLENZ GMBH 34-258- 1310 GERMANY KOBERN-GONDORF, RHEINLAND- PFALZ AMAZON SUPPORT SERVICES FRANCE 26-246- 5439 FRANCE CLICHY, HAUTS DE SEINE AUDIBLE GMBH 33-312- 4209 GERMANY BERLIN, BERLIN AMAZON LOGISTIK AF MUNCHEN GMBH 31-348- 0562 GERMANY MUNCHEN, BAYERN AMAZON DEVELOPMENT CENTER ROMANIA SRL 56-540- 2164 ROMANIA IASI, AMAZON CS BERLIN GMBH 34-210- 3824 GERMANY BERLIN, BERLIN AMAZON FC GRABEN GMBH 34-210- 3825 GERMANY GRABEN, BAYERN AMAZON VCC GMBH 34-277- 9631 GERMANY BERLIN, BERLIN AMAZON LOGISTIK POTSDAM GMBH 34-285- 5039 GERMANY BRIESELANG, BRANDENBURG AMAZON MEDIA EU SARL 40-004- 4306 LUXEMBOURG LUXEMBOURG, AMAZON SERVICES EUROPE SARL 40-004- 4751 LUXEMBOURG LUXEMBOURG, AMAZON ASIA-PACIFIC RESOURCES PRIVATE LIMITED 59-515- 9532 SINGAPORE SINGAPORE, AMAZON CITY LOGISTIK ALPHA GMBH 31-348- 0565 GERMANY MUNCHEN, BAYERN AMAZON DEVELOPMENT CENTRE (SCOTLAND) LIMITED 73-888- 7509 SCOTLAND EDINBURGH, MIDLOTHIAN AMAZON DEVELOPMENT CENTER (ROMANIA) SRL 53-292- 0354 ROMANIA IASI, AMAZON FULFILLMENT POLAND SP Z O O 42-690- 7578 POLAND WARSZAWA, AMAZON CAPITAL SERVICES (UK) LTD. 22-075- 0214 ENGLAND LONDON, LONDON AMAZON PFORZHEIM GMBH 34-258- 1312 GERMANY PFORZHEIM, BADEN-WURTTEMBERG AMAZON PAYMENTS EUROPE SCA 40-080- 6929 LUXEMBOURG LUXEMBOURG, IMDB SERVICES LIMITED 22-298- 4796 ENGLAND SLOUGH, BERKSHIRE KIVA SYSTEMS B.V. 49-029- 5392 NETHERLANDS 'S-GRAVENHAGE, ZUID-HOLLAND AMAZON ITALIA TRANSPORT SRL 43-750- 9752 ITALY MILANO, MILANO Branches AMAZON JAPAN LIMITED LIABILITY CO. 69-267- 2139 JAPAN SAYAMA, SAITAMA AMAZON FR LOGISTIQUE 26-227- 5539 FRANCE MONTELIMAR, DROME AMAZON CANADA FULFILLMENT SERVICES INC 20-600- 2479 CANADA MILTON, ONTARIO 667 Company Name DUNS #Country City, State / Province AMAZON DEUTSCHLAND SERVICES GMBH 34-157- 1771 GERMANY BAD HERSFELD, HESSEN AMAZON FULFILLMENT GERMANY GMBH 34-252- 3340 GERMANY RHEINBERG, NORDRHEIN- WESTFALEN AMAZON DEUTSCHLAND SERVICES GMBH 34-271- 9756 GERMANY LEIPZIG, SACHSEN AMAZON SERVICOS DE VAREJO DO BRASIL LTDA 90-245- 9735 BRAZIL BARUERI, SAO PAULO AMAZON JAPAN LIMITED LIABILITY CO. 71-476- 3307 JAPAN YACHIYO, CHIBA BEIJING SHIJI ZHUOYUE EXPRESS SERVICE CO., LTD. 54-679- 1944 CHINA TIANJIN, TIANJIN AMAZON.COM INT'L SALES, INC. 69-224- 6875 JAPAN MEGURO-KU, TOKYO AMAZON.CO.UK LTD. 22-069- 1183 ENGLAND DONCASTER, SOUTH YORKSHIRE AMAZON JAPAN LIMITED LIABILITY CO. 71-578- 6781 JAPAN SAPPORO, HOKKAIDO AMAZON CANADA FULFILLMENT SERVICES INC 24-947- 4912 CANADA VANCOUVER, BRITISH COLUMBIA ©Dun & Bradstreet, Inc. 2015. All rights reserved. 668 669 670 671 672 673 Amazon Business Accounts Terms & Conditions Last updated October 31, 2016 These terms and conditions ("Terms") govern your access to and use of a set of features, services, and functionality on Amazon.com for registered business customers to purchase products and use services for business purposes ("Amazon Business"). These Terms constitute an agreement between Amazon Services LLC and/or its affiliates ("Amazon," "we," "us," or "our") and the entity you represent ("you"). Please note that your use of Amazon Business is also governed by the Conditions of Use and the Amazon.com Privacy Notice, as well as all other applicable terms, conditions, policies, limitations, and requirements on the Amazon.com website, all of which (as changed over time) are incorporated into these Terms. Capitalized terms have the meanings given to them in these Terms or the Conditions of Use. 1. REGISTRATION An organization has a Business Account with Amazon once an individual associated with the organization registers the business and creates the first business user account associated with that organization. That individual can invite others to be part of the organization's Business Account. Each additional user that purchases or otherwise acts on behalf of the business and joins the organization's Business Account must create a new business user account that is part of and associated with the organization's Business Account. Business Accounts and business user accounts are intended for businesses and business-related organizations and may be used solely for business purposes. To create a business user account, users must use a valid email address. Unless explicitly permitted, a user may only create one account per email address. If a user creates a business user account using the email address and password connected to an existing Amazon customer account, the user must either (a) change the email address and password associated with the existing account, or (b) if the user wishes to have only one account, convert the existing account into a business user account (which may make business user account information visible to others as described in Section 2). Once you complete the Business Account registration and verification process, your organization will be registered with Amazon. 2. ACCOUNT MANAGEMENT You are responsible for all activities that occur under your organization's Business Account and any associated business user accounts, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). Except to the extent caused by our breach of these Terms, we and our affiliates are not responsible for unauthorized access to your Business Account or business user accounts. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your Business Account or associated business user accounts in accordance with these Terms) and are solely responsible for any use or action taken under your password. You will contact us immediately if you believe an 674 unauthorized third party may be using your Business Account or associated business user accounts or if your Business Account or any business user account information is lost or stolen. You are responsible for ensuring that all users affiliated with your organization's Business Account are aware of and comply with these Terms. We may give users the ability to invite other individuals affiliated with your organization to create business user accounts that are associated with the organization's Business Account and purchase, approve or act as an administrator on behalf of your organization. Administrators have the ability to invite other users to join the Business Account and to administer, manage, or close business user accounts. You will be responsible for all actions taken by Business Account users. You acknowledge that users may have access to information from your Business Account and associated business user accounts, such as shipping addresses, payment methods, and order history. Administrators are responsible for inviting only people affiliated with, and authorized to act on behalf of, your organization to create a business user account that is associated with your organization's Business Account. Any user designated as an administrator will have similar capabilities to manage Business Account features and invite new users to purchase, approve or act as an administrator on behalf of your organization. You agree that Amazon is not responsible for, and will have no liability arising from, the disclosure of the information of your organization or any associated business user accounts to any user associated with your organization. If any user with a business user account that is associated with your Business Account leaves your organization or is no longer authorized to purchase, approve or otherwise act on behalf of your organization, you are solely responsible for contacting Amazon through tools we designate to have that user's business user account closed, disabled or removed from the organization's Business Account. Amazon disclaims all liability for, and you are solely responsible for, any actions taken or purchases made prior to closing, disabling or removing the user's business user account from the organization's Business Account. Please review our Business Account FAQs carefully for more information on the effects of disabling or removing a business user account from your organization's Business Account. Please note that a business user account that is removed is converted back into a personal account, with the individual able to access order history for purchases made using an individual payment method while associated with the organization's Business Account. If you, as an individual user, create a business user account that is associated with an organization's Business Account, you acknowledge and consent that your organization and designated individuals acting as administrators have full access to and authority over (a) your business user account (with the ability to close or disable your business user account or remove it from the business and convert it into a personal account), and (b) details from your business user account, such as, and not limited to: order history, addresses, payment details, and other personal information associated with your business user account. By creating a business user account that is associated with an organization's Business Account, you, as an individual user, consent to sharing this information with your organization and its designated representatives and agree to release Amazon for any and all liability for any of your business user account information provided to or used by your organization, the administrator(s) of your organization, and any other users associated with your organization. 675 3. BUSINESS AND ORDER VERIFICATION We may use the business name, address, taxpayer ID# and any other information you provide about your organization or users or that we may request or determine is necessary to verify accuracy and eligibility for Amazon Business. We may make, directly or through third parties, inquiries to validate information that you provide to us. We may accept or refuse use of Amazon Business at our discretion and may modify purchasing rights or privileges at any time. We may share any information or documents you provide with third-party sellers that offer certain Amazon Business features for verification purposes. Certain products require licensing, certification or other credentials to purchase them. To purchase such products, you must provide us with a valid license, certification or other credentials (collectively, the “Credentials”), as determined in our sole discretion. We may use information you provide, as well as information relating to your account such as your business name and address, to verify the Credentials, and we may request additional information from you to assist in that verification. We may, in our sole discretion and at any time, suspend or terminate your ability to purchase such products. 4. THIRD-PARTY SERVICE PROVIDERS Amazon Business may enable third party service providers ("providers") to integrate with Amazon Business. If you choose to use such a provider in connection with your Business Account, you authorize Amazon to disclose to the provider account information, including, without limitation, information regarding you, your Users, your employees or agents, and your and your User's orders. You acknowledge this information will be governed by the provider's privacy, data and security policies. You and your Users consent to Amazon's sharing this information with the provider and agree that Amazon is not responsible for and will have no liability arising from Amazon's disclosure of, or any provider's use of, this information. Amazon is not responsible for any services provided by the provider. You are responsible for the approvals of Amazon orders, verification of shipping addresses and any disputes regarding orders, and you agree that Amazon will have no liability arising in any way from your use of the provider, including, but not limited to, any unauthorized charges you or your employees or agents incur. 5. REPRESENTATIONS, WARRANTIES AND COVENANTS You represent, warrant and covenant that: (a) you are using Amazon Business for business purposes and you agree that you will not purchase any products from Amazon.com for individual, personal, family or household use; (b) your organization is duly organized, validly existing and in good standing in the jurisdiction in which your organization is registered; 676 (c) the individual entering into these Terms on behalf of your organization has all necessary legal authority to bind you to these Terms; (d) you have all requisite right, power, and authority to enter into these Terms, perform your obligations, and grant the rights and authorizations in these Terms; (e) any information provided or made available by you to Amazon or its affiliates is at all times accurate and complete; (f) you and all your subcontractors and agents will comply with all applicable laws, rules, regulations, codes, orders and other requirements of governmental agencies (“Laws”) in your performance of your obligations and exercise of your rights under these Terms and with your purchase and use of any products from Amazon.com; (g) all users who use business features or purchase on behalf of your organization are authorized to do so and all purchases made by these users are authorized purchases of your organization; (h) any Credentials, and all documentation or other information you provide to us to validate such Credential, are accurate, complete and reflect your Credential status, and that you will provide updates, additional Credentials or supporting information as required to ensure all such documentation or information remains up-to-date at all times; (i) the provision to Amazon of any Credentials and related information, any delegation of purchasing authority under any Credentials and all purchases made using the Credentials are with the authority of the Credential holder; (j) you will only purchase products requiring Credentials as permitted under any Laws and within the scope of any Credential you provide; (k) if your Business Account has a tax exemption certificate associated with it, any tax exempt purchase made from business user accounts are paid for with the organization’s funds; (l) unless authorized by Amazon, you will not use any product purchased from Amazon.com in connection with, or to fulfill, a federal, state, or local government contract or subcontract, if doing so could subject Amazon to any term, condition, obligation or other provision different from or in addition to the provisions of these Terms; (m) you will use any products purchased from Amazon.com as intended by the manufacturer and in compliance with all product information provided by the manufacturer; (n) your purchase of products from us will not, either by your export of those products, your sale or use of those products, your legal status or otherwise, cause us to violate any Law; (o) you are not an agent of Amazon and agree to comply with the applicable provisions of the Foreign Corrupt Practices Act. You are not on, or associated with, any person or entity on any of the blocked, denied or debarred persons and entities lists maintained by the U.S. Department of 677 Commerce's Bureau of Industry and Security, the U.S. Department of the Treasury's Office of Foreign Assets Control or the U.S. Department of State’s Directorate of Defense Trade Controls (collectively, “Denied Persons Lists”); or subject to a denial order issued by the U.S. Department of Commerce. You agree (i) not to export any product to any entity or person within any country subject to United States economic sanctions or embargoes without obtaining prior authorization from the United States government, (ii) not to export or provide items to persons that are ineligible under United States Law to receive those items, including but not limited to persons on any Denied Persons List, and (iii) that any products purchased by you will not be used, or made available to a third party for use, in any activities directly or indirectly related to Weapons of Mass Destruction (WMD) proliferation activities; and (p) you agree to comply with the Healthcare Disclosure Policies if you purchase products that are reimbursable under Medicare, Medicaid, or other federal or state healthcare programs. 6. LICENSE Subject to your compliance with these Terms and your payment of any applicable fees, Amazon or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Amazon Business solely in accordance with these Terms. This license does not include the right to resell any Amazon Business feature; an y collection and use of any product listings, descriptions, or prices; any derivative use of Amazon Business; any downloading or copying of Amazon Business information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Amazon or its licensors, suppliers, publishers, rightsholders, or other content providers. No feature or part of Amazon Business may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Amazon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amazon without express written consent. You may not use any meta tags or any other "hidden text" utilizing Amazon's name or trademarks without the express written consent of Amazon. You may not misuse Amazon Business. You may use Amazon Business only as permitted by law. The licenses granted by Amazon terminate if you do not comply with these Terms. 7. INDEMNIFICATION You agree to indemnify, defend and hold harmless us and our affiliates, and our and their respective officers, directors, employees, representatives and agents against any loss, claim, damage, settlement, cost, expense, tax or other liability (including, without limitation, reasonable attorneys' fees) (each a "Claim") arising from or related to (a) any breach of the Terms, (b) any unlawful or improper use by anyone of any product ordered by you, or (c) your negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld. 678 8. PRODUCT INFORMATION; PRODUCT COMPLIANCE AND SUITABILITY We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. Amazon does not guarantee compliance or suitability of products with any Laws, nor does Amazon accept responsibility for installation and/or use of a product. It is your responsibility to review the product application and all applicable Laws for each relevant jurisdiction to be sure that the installation and/or use involving the products comply with applicable Laws. 9. AMAZON.COM SITE AND FEATURES 9.1 SELLER CREDENTIALS. Any diversity, industry and other certifications made available to you are provided by third-party sellers on Amazon.com and have not been independently verified by Amazon. You should carefully review and validate any certifications and supporting information that you use to make your purchasing decisions. We take no responsibility and assume no liability for any certifications or supporting information provided by third-party sellers. 9.2 BUSINESS PRICING. We may provide you access to discounts for business customers. In these instances, the available price on the detail page will reflect this discount. You agree that any business pricing or discounts that Amazon provides to you are the confidential and proprietary information of Amazon. You agree not to manually copy or use any data mining, scraping, or similar data gathering and extraction tools with respect to such pricing or discounts. If you have negotiated pricing with a supplier and choose to have pricing that is specific to you available on Amazon Business, you acknowledge and agree that we may share sales information regarding products purchased by you at these prices with the applicable supplier (including any business or shipping addresses). You acknowledge that we may share contact information for your organization’s administrator or other applicable employees with the supplier in connection with this pricing. 9.3 LIVE EXPERT. Our LiveExpert service connects you directly with manufacturers' agents so you can ask technical and product related questions via chat, email, or phone. Product support agents are employed by the manufacturer and not Amazon. We record your communications with manufacturers' agents to monitor the quality of these communications. Any questions you ask or suggestions you provide may be used by Amazon for any purpose. We recommend that you not share any customer identifying information with manufacturers' agents to protect the privacy of your information. You acknowledge that all information and answers are provided by the applicable manufacturer, and that Amazon is not responsible for, and disclaims any liability related to, any content provided by any manufacturer. 9.4 GIFT CARDS. All purchases and redemptions of Amazon.com Gift Cards ("Gift Cards") are subject to the terms and conditions at https://www.amazon.com/gc-legal ("Gift Card Terms"). You may only distribute Gift Cards purchased through a Business Account or associated business user accounts as part of your employee or customer incentive, loyalty, rewards, recognition, or gifting program in the United States (each a "Loyalty Program"). You 679 may not imply that Amazon is associated with any Loyalty Program or use Gift Cards in any unsolicited communications. You may not use or distribute any intellectual property of Amazon in connection with any Loyalty Program. You may not resell or transfer Gift Cards for value or permit fees to be charged for a Gift Card. You may not permit Gift Cards to be used for internal use. You may not purchase or redeem, or suggest or direct that recipients use or redeem Gift Cards through the Amazon Associates Program. You may not purchase more than $10,000 in Gift Cards per day through your Business Account (including all associated business user accounts). You must ensure that your Loyalty Program complies with these restrictions and the Gift Card Terms. Amazon reserves the right, in its sole discretion, to reject orders or prohibit advertisement, offer, or distribution of Gift Cards in any location, in any manner, and by any individual or entity. 10. DISCLAIMER AMAZON MAKES NO WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY OF PRODUCT INFORMATION PROVIDED AND OUR SOLE LIABILITY FOR ANY LOSSES OR DAMAGES BY YOU ARISING FROM ANY INACCURACY IN THE PRODUCT INFORMATION WILL BE LIMITED TO REIMBURSEMENT OF THE PRICE PAID FOR THAT PRODUCT. AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AMAZON ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER SELECTION, IMPROPER INSTALLATION, MODIFICATION, MISREPAIR OR MISAPPLICATION OF THE PRODUCT. 11. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES WILL AMAZON BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS ON AMAZON.COM, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMAZON'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY. 12. ENTIRE AGREEMENT The terms and conditions in these Terms, the Amazon.com Conditions of Use, the Amazon.com Privacy Notice, and any applicable terms, conditions, policies, requirements or limitations contained on the Amazon.com website constitute the exclusive and complete agreement between Amazon and you. Amazon will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms or which may be in any order, receipt, acceptance, confirmation, correspondence or other document. 680 Any purchase order (PO) number or other internal information particular to your organization that is provided by a user during the purchasing process is provided only for your internal purchase tracking. Amazon doesn't agree to terms, conditions, obligations, or provisions that are different from or added to these Terms and the policies and information on the Amazon.com website. 13. AGREEMENT CHANGES We may in our discretion change these Terms, Amazon.com's Conditions of Use and Privacy Notice, or any aspect of Amazon Business, without notice to you. From time to time, Amazon may choose in its sole discretion to add or remove benefits or features of Amazon Business. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validit y and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF AMAZON BUSINESS AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR BUSINESS ACCOUNT AND BUSINESS USER ACCOUNT. 14. TERM; TERMINATION BY US The term of these Terms will begin on the date you click to accept it and will continue until you or we terminate it. We may terminate these Terms and access to your Business Account, business user account or use of any business features at our discretion with or without notice. You are entitled to terminate these Terms by giving us notice and closing your account. Upon termination, all rights and obligations under these Terms will automatically terminate except for any right of action occurring prior to termination, payment obligations, and obligations that are intended to survive termination, including, without limitation, Sections 4 – 18 of these Terms. 15. FORCE MAJEURE We will not be liable for any delays in delivery or failure to perform any of our obligations under these Terms by reasons, events or other matters beyond our reasonable control. 16. CONFIDENTIALITY; PUBLICITY You will (a) protect and not disclose information made available by us that is identified as confidential or that reasonably should be considered confidential; (b) use this information only for internal purposes and in connection with your use of Business Accounts; and (c) destroy or return all such information to us promptly when the Terms terminate (and, upon request, confirm such destruction in writing). This section covers all confidential information regardless of when you receive it. Unless you have received our express written permission, you will not otherwise use any trademark, service mark, commercial symbol or other proprietary right of ours, issue press releases or other publicity relating to us or these Terms, or refer to us in promotional materials. If authorized, you may only use Amazon trademarks in accordance with the Trademark Guidelines. 681 17. SUGGESTIONS If you elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to Business Accounts (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. 18. MISCELLANEOUS Your use of Business Accounts is subject to the disputes and applicable law provisions of the Conditions of Use, which are incorporated by reference. The parties to these terms are independent contractors. These Terms do not create any third party beneficiary rights in any individual or entity that is not a party to these Terms. You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our affiliates. Our failure to enforce your strict performance of any provisions of these Terms will not constitute a waiver of our right to enforce such provisions or any other provision of these Terms subsequently. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. In the event of any conflict between these Terms and the Conditions of Use, these Terms will prevail. 682 SECTION 11 PRINCE WILLIAM COUNTY PUBLIC SCHOOLS (PWCS) GENERAL TERMS AND CONDITIONS (RFP-Revised 1/19/17) These general terms, conditions and instructions apply to all purchases and are a part of each solicitation and every contract awarded by PWCS, unless otherwise specified in such solicitation or contract. The Purchasing Office is responsible for the purchasing activity of Prince William County Public Schools and its governing body, the Prince William County Public School Board. The term “PWCS” as used herein refers to the contracting entity which i s the signatory on the contract and may be either PWCS, or the PWCS School Board, or both. Offeror or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting proposals: failure to do so will be at the Offeror’s own risk. These general terms, conditions and instructions are subject to all applicable Federal, State and local statutes, policies, resolutions, and regulations (collectively “laws”), and are to be interpreted so as to be consistent with such laws. In the case of irreducible conflict, these general terms and conditions are preempted by applicable laws. AUTHORITY 1. The Supervisor of Purchasing has been delegated authority for issuance of request for proposals, modifications, purchase orders and awards approved by and for PWCS. In the discharge of these responsibilities, the Supervisor of Purchasing may be assisted by delegating to Buyers and other Purchasing Office staff. Unless specifically delegated by the Supervisor of Purchasing, no other PWCS officer or employee is authorized to enter into purchase negotiations, change orders, contracts, or in any way obligate PWCS for indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void, and PWCS shall not be bound thereby. CONDITIONS OF OFFERING A PROPOSAL 2. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, PWCS will publicly post such notice on the Purchasing Web site, http://purchasing.departments.pwcs.edu/. 3. DEBARMENT STATUS: By submitting their proposal, the Offeror certifies that he/she is not currently debarred by the Commonwealth of Virginia or PWCS from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor is the Offeror an agent of any person or entity that is currently so debarred. 4. ETHICS IN PUBLIC CONTRACTING: By submitting their proposal, the Offeror certifies that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged. 5. INCLEMENT WEATHER: Due to inclement weather conditions, PWCS may elect to close schools and administration offices. The following is an explanation of the policy: CODE GREEN: All PWCS schools are closed. Administration offices are opened. CODE RED: All PWCS schools are closed. Administration offices are closed. 5.1. In the event of a delay school opening, all times shall remain as stated in the Request for Proposal. 5.2. In the event that PWCS closes on a CODE GREEN, any optional/mandatory pre-proposal conference and all proposal openings will be held as scheduled. 5.3. In the event that PWCS closes on a CODE RED, any optional/mandatory pre-proposal conference and all proposal openings will be held on the next business day the PWCS experiences a normal opening, a delayed opening, or a school closing on a CODE GREEN, at the time previously scheduled. No exceptions will be made in this matter. 6. LATE PROPOSALS: To be considered for selection, proposals must be received by the PWCS Purchasing Office by the designated date and hour. The official time used in the receipt of proposals is that time on the automatic time stamp machine in the Purchasing Office. Proposals received in the Purchasing Office after the date and hour designated are late, automatically disqualified and will not be considered. PWCS is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or the intra-school mail system or delivery by any other means. It is the sole responsibility of the Offeror to ensure that his/her proposal reaches the Purchasing Office by the designated date and hour. 7. MANDATORY USE OF PWCS FORM AND TERMS AND CONDITIONS: Failure to submit a proposal in the format as required by the Request for Proposals may be cause for rejection of the proposal. Modification of or additions to the General and/or Special Terms and Conditions of this solicitation may be cause for rejection of the proposal; however, the Supervisor of Purchasing reserves the right to decide, on a case by case basis, in his/her sole discretion, whether to reject such a proposal as non-responsive. As a precondition to its acceptance, PWCS may, in its sole discretion, request that the Offeror withdraw or modify any additions or deletions to the proposal. 8. OBLIGATIONS OF OFFEROR: By submitting a proposal, the Offeror covenants and agrees that they are satisfied, from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for, or have right to cancellation or relief from the contract because of misunderstanding or lack of information. 9. OFFICIAL NOT TO BENEFIT: 9.1. Each Offeror certifies by signing a proposal that to the best of his/her knowledge no PWCS official or employee having official responsibility for the procurement transaction or member of his/her immediate family has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the proposal or as soon thereafter, as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, rescission of the contract, or recovery of the cost of the financial benefit from the contractor, recipient, or both. 9.2. Whenever there is reason to believe that benefit of the sort described in the paragraph above has been or will be received in connection with the proposal or contract and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, PWCS, as a prerequisite to payment pursuant to the Contractor, or at any time may require the contractor to furnish, under oath, answers to any interrogatories related to such possible benefit. 9.3. In the event the Offeror has knowledge of benefits as outline above, this information should be submitted with the proposal. If 683 the above does not apply at time of award of contract and becomes known after inception of a contract, the Offeror shall address the disclosure of such facts to: Supervisor of Purchasing, Prince William County Public Schools, P.O. Box 389, Manassas, VA 20109. The Request for Proposal number shall be referenced in the disclosure. 10. PRECEDENCE OF TERMS: PWCS intends for the Contract Documents to be consistent and they shall be interpreted to be consistent if possible. If the Contract Documents conflict, however, the controlling provision will be the one which appears highest in the following list: The Notice of Award or Purchase Order/Contract (highest precedence), Addenda, Scope of Services The signed proposal submitted by the Contractor, Request for Proposal, The prevailing Amazon Business Accounts Terms and Conditions (currently available at https://www.amazon.com/gp/help/customer/display.html?nodeId=2016 13180). These General Terms and Conditions (lowest precedence). 11. QUALIFICATIONS OF OFFERORS: PWCS may make such reasonable investigations as deemed proper and necessary to determine the ability of the Offeror to perform the work/furnish the item(s) and the Offeror shall furnish to PWCS all such information and data for this purpose as may be requested. PWCS reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fails to satisfy PWCS that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated herein. 12. VENDOR REGISTRATION: All vendors desiring to provide goods and/or services to PWCS shall register on-line at http://purchasing.departments.pwcs.edu/. Failure to register will result in the proposal being non-responsive unless an acceptable reason for the failure to register is approved by the Supervisor of Purchasing. CONTRACT PROVISIONS 13. ANTI-DISCRIMINATION: By submitting their proposal, the Offeror certifies to PWCS that he/she will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act (VPPA). In every contract over $10,000 the provisions in 13.1 and 13.2 below apply: During the performance of this contract, the Contractor agrees as follows: 13.1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 13.2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 13.3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 13.4. The Contractor will include the provisions of 13.1, 13.2 and 13.3 above in every subcontract over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 14. PROHIBITION AGAINST UNIFORM PRICING-The Supervisor of Purchasing shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market methods of procurement. In submitting a bid each bidder shall, by virtue of submitting a bid, guarantee that he or she has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bids of participating bidders. Any disclosure to or acquisition by a competitive bidder, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor may render the entire proceedings void and may require re-advertising for bids. 15. APPLICABLE LAWS AND COURTS: Notwithstanding any provision in the prevailing Amazon Business Accounts Terms and Conditions, this solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including but not limited to the Virginia Public Procurement Act, and any litigation with respect thereto shall be brought in the courts of Prince William County, Virginia, except to the extent that Federal Court is appropriate. The Contractor shall comply with applicable federal, state and local laws and regulations, and be legally authorized to do business in the Commonwealth of Virginia. 16. APPROPRIATION OF FUNDS: All funds for payments by PWCS under this contract are subject to the availability of an annual appropriation for this purpose by PWCS. In the event of non- appropriation of funds by PWCS for the goods or services provided under the contract or substitutes for such good or services which are as advanced or more advanced in their technology, PWCS will terminate the contract, without termination charge or other liability to PWCS, on the last day of the then current fiscal year or when the appropriation made for the then current year for the services covered by this contract is spent, whichever event occurs first. If funds are not appropriated at any time for the continuation of this contact, cancellation will be accepted by the Contactor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and PWCS shall not be obligated under this contract beyond the date of termination. Notwithstanding the foregoing, PWCS will pay for all goods or services that are ordered and shipped or performed. 17. ASSIGNMENT OF CONTRACT: Neither party may assign this Contract without the prior written consent of the other party, except that Contractor may assign this Contract to an Affiliate or in connection with any merger, reorganization, sale of all or substantially all of Contractor’s assets or any similar transaction. Subject to this limitation, this Contract will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns. For purposes of this section, the term “Affiliate” shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with Contractor. 18. AUTHORITY TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA: Any Offeror registered or organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or a registered limited liability partnership shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity as described in the Virginia Public Procurement Act (VPPA) § 2.2-4311.2. The proper legal name of the firm or entity, form of the firm (i.e. corporation, limited partnership, etc) and the identification number issued to the Offeror by the State Corporation Commission must be written in the space provided on the proposal submission form and Vendor Information Form. Any Offeror not required to be authorized to transact business in the Commonwealth of Virginia shall include in its proposal a statement/documentation from their legal counsel describing why the Offeror is not required to be registered. Failure of a prospective and/or successful Offeror to provide such documentation shall be grounds for rejection of their proposal. For further information, refer to the Commonwealth of Virginia State Corporation Commission Web site at: www.scc.virginia.gov. Any falsification or misrepresentation contained in the statement submitted by the Offeror pursuant to the VPPA § 2.2-4311.2., Code of Virginia, Title 13.1 or Title 50 may be cause for debarment by PWCS. 19. BUSINESS LICENSES: The Contractor must comply with the provisions of Chapter 11 (Business Licenses) of the Prince William County Code. Information regarding business license requirements is available on the Prince William County website at www.pwcgov.org. 684 20. CONTRACT DOCUMENTS/PURCHASE ORDERS: The Contract entered into by the parties shall consist of the Request for Proposal, the signed proposal submitted by the Contractor, the Notice of Award or Contract, these General Terms and Conditions and the prevailing Amazon Business Accounts Terms and Conditions (currently available at https://www.amazon.com/gp/help/customer/display.html?nodeId=2016 13180), including all modifications thereof, all of which shall be referred to collectively as the Contract Documents. All time limits stated in the Contract Documents are of the essence of the Contract unless stated otherwise. Orders and payments against contracts will be placed in accordance with the methods made available on Contractor’s Amazon Business marketplace (currently available at www.amazon.com/business). 21. CONFIDENTIALITY AND RETURN OF RECORDS: 21.1. The Contractor agrees that all findings, memoranda, correspondence, documents or records of any type, whether written or oral, and all documents generated by the Contractor or its subcontractors as a result of PWCS’ request for services under this Contract, are confidential records ("Record" or "Records"), and neither the Records nor their contents shall be released by the Contractor, its subcontractors, or other third parties; nor shall their contents be disclosed to any person other than the Contract Administrator or designee. Notwithstanding the foregoing, Contractor may use or disclose information provided by PWCS for the limited purposes set forth in the prevailing Amazon Business Accounts Terms and Conditions. The Contractor agrees that all oral or written inquiries from any person or entity regarding the status of any Record generated as a result of the existence of this Contract shall be referred to the Contract Administrator or designee for response. At PWCS’ request, the Contractor shall deliver all Records to the Contract Administrator, including "hard copies" of computer records, and at the PWCS request, shall destroy all computer records created as a result of PWCS’ request for services under this Contract. 21.2. The Contractor agrees to include the provisions of this section as part of any Contract the Contractor enters into with subcontractors or other third parties for work related to work pursuant to this Contract. 21.3. No termination of this Agreement shall have the effect of rescinding, terminating or otherwise invalidating this section. 22. DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees as follows: 22.1. Provide a drug-free workplace for the Contractor’s employees. 22.2. Include the provisions of the foregoing clauses in every subcontract over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with this section, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 23. EMPLOYEES NOT TO BENEFIT: No employee of PWCS shall be admitted to any share or part of this contract or to any benefit that may arise therefrom which is not available to the general public. 24. IMMIGRATION REFORM AND CONTROL ACT OF 1986: In accordance with §2.2-4311.1 of the Code of Virginia, the Contractor acknowledges that it does not, and shall not, during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in The Federal Immigration Reform and Control Act of 1986. 25. INDEMNIFICATION: Contractor agrees to indemnify PWCS and its officers, directors, employees, representatives and agents against any third-party loss, claim, damage, settlement, cost, expense or other liability (including, without limitation, reasonable attorneys’ fees) (each a “Claim”) arising from or related to Contractor’s gross negligence or intentional misconduct, except, in each case, to the extent caused by the negligence or intentional misconduct of PWCS. Contractor will use counsel reasonably satisfactory to PWCS to defend each Claim against PWCS. Contractor may not consent to the entry of any judgment or enter into any settlement of a Claim against PWCS without its prior written consent, which may not be unreasonably withheld. In no event shall Contractor’s obligation to indemnify PWCS exceed the amount paid for the goods or services that are the subject of the Claim. This provision supersedes Amazon Business Accounts Terms and Conditions currently at https://www.amazon.com/gp/help/customer/display.html?nodeId=2016 13180. 26. LIMITATION OF LIABILIITY: The Contractor will not be held responsible for failure to perform the duties and responsibilities imposed by the contract if such failure is due to strikes, fires, riots, rebellion and major forces beyond the control of the Contractor that make performance impossible or illegal, unless otherwise specified in the Contract. 27. MODIFICATIONS TO THE CONTRACT: PWCS may, upon mutual agreement with the Contractor, issue written modifications to the scope of services of this Contract, and within the general scope thereof. 28. NON-DISCRIMINATION OF CONTRACTORS: Any potential Offeror or Contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations are also protected from discrimination on the basis of religious character as provided below. 28.1. Faith-based organizations may enter into contracts with PWCS on the same basis as any other nongovernmental source may do so without impairing the religious character of such organization and without diminishing the religious freedom of the beneficiaries of assistance provided under such contracts. 28.2. PWCS shall not impose conditions on contracts that restrict the religious character of the faith-based organization, except that money paid to the faith-based organization by or on behalf of PWCS will not be spent for religious worship, instruction, or proselytizing. 28.3. Any faith-based organization awarded a contract by PWCS shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by PWCS. 28.4. Faith-based organizations retain the right to employ persons of a particular religion to perform work connected with the carrying on by such organization of its activities. 28.5. If an award of contract is made to a faith-based organization, and an individual who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, PWCS shall offer the individual, within a reasonable period of time after the date of objection, access to equivalent goods, services, or disbursement from an alternative provider. 28.6. An y faith-based organization that is awarded a contract to provide goods, services, or disbursements to individuals shall also provide to such individuals a notice in bold face type that states: “Neither the public body’s selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider’s charitable or religious character, 685 practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider. 29. RELATIONSHIP TO PWCS: The Contractor will be legally considered as an independent contractor and neither the Contractor nor its employees will, under any circumstances, be considered servants or agents of PWCS. PWCS will not be legally responsible for any negligence or other wrongdoing by the Contractor, its servants or agents. PWCS will not withhold from the contract payments to the Contractor any federal or state unemployment. PWCS will not provide t o the Contractor any insurance coverage or other benefits, including workers’ compensation, normally provided by PWCS for its employees. 30. SMALL AND MINORITY BUSINESS ENTERPRISES: It is PWCS intent to undertake every effort to increase opportunity for utilization of small and minority businesses in all aspects of procurement to the maximum extent feasible. In connection with the performance of this contract, the Contractor will promote Small and Minority Businesses via the Contractor’s Seller Credentials program available on the Amazon Business marketplace. Contractors may rely on oral or written representation by subcontractors regarding their status as small and/or minority business enterprises in lieu of an independent investigation. 31. SUBCONTRACTS: 31.1. The Contractor shall not enter into any subcontract with any subcontractor who has been suspended or debarred from participating in contracting programs by any agency of the United States Government or of the State in which the work under this contract is to be performed. 31.2. The Contractor shall be as fully responsible for the acts or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the Contractor. 31.3. The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of subcontractors. 31.4. Nothing contained in this contract shall create any contractual relationship between any subcontractor and PWCS. 31.5. PWCS has the right to approve or disapprove the use of any subcontractors being offered by the Contractor. 31.6. For the avoidance of doubt, Contractor does not contemplate using subcontractors in the performance of this Contract and Contractor’s vendors, third-party sellers and service providers providing goods and services hereunder shall not be deemed subcontractors under any of these General Terms and Conditions. 32. TERMINATION FOR CAUSE/DEFAULT: In case of failure to deliver goods or provide services in accordance with the Contract, PWCS, after due oral or written notice, may procure them from other sources. This remedy shall be in addition to any other remedies which PWCS may have. Specifically: 32.1. If, through any cause, the Contractor fails to fulfill in a timely and proper manner their obligations under the contract, or if the Contractor violates any of the covenants, agreements, or stipulations of the contract, PWCS shall thereupon have the right to terminate, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the contract shall at the option of PWCS, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. 32.2. Notwithstanding the above, the Contractor shall not be relieved of liability to PWCS for damages sustained by PWCS by virtue of any breach of contract by the Contractor. PWCS may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due to PWCS from the Contractor is determined. For the avoidance of doubt, nothing in this section shall limit Contractor’s or PWCS’ right to terminate a business account in accordance with the prevailing Amazon Business Accounts Terms and Conditions. 32.3. TERMINATION FOR CONVENIENCE: PWCS reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, whenever the Supervisor of Purchasing determines that such a termination is in the best interest of PWCS. Any such termination shall be effected by delivery to the Contractor, at least ten (10) working days prior to the termination date, a Notice of Termination specifying the extent to which performance shall be terminated and date upon which such termination becomes effective. After receipt of a notice of termination, the Contractor must stop all work or deliveries under the purchase order/contract on the date and to the extent specified; however, any contract termination notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of termination. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services. For the avoidance of doubt, nothing in this section shall limit Contractor’s or PWCS’ right to terminate a business account in accordance with the prevailing Amazon Business Accounts Terms and Conditions. 33. USE OF CONTRACT BY OTHER POLITICAL JURISDICTIONS: 33.1. Offerors are advised that all resultant contracts will be extended, with the authorization of the Offeror, to Northern Virginia Metropolitan Washington Council of Governments jurisdictions and other jurisdictions and Political Subdivisions of the Commonwealth of Virginia to permit their ordering of supplies and/or services at the prices and terms of the resulting Contract. If any other jurisdiction decides to use the final Contract, the Contractor must deal directly with that jurisdiction or political subdivision concerning the placement or orders, contractual disputes, and payment. PWCS acts only as the “Contracting Agent” for these jurisdictions and political subdivisions. Failure to extend a contract to any jurisdiction will have no effect on consideration of your proposal. 33.2. Each participating jurisdiction and political subdivision has the option of executing a separate contract with the awardee. Contracts entered into with them may contain general terms and conditions unique to those jurisdictions and political subdivisions covering minority participation, non-discrimination. If, when preparing such a contract, the general terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that jurisdiction. 33.3. PWCS shall not be held liable for any costs or damage incurred by another jurisdiction as a result of any award extended to that jurisdiction or political subdivision by the awardee. 34. VIRGINIA FREEDOM OF INFORMATION ACT: Notwithstanding any Confidentiality or Publicity provisions in the prevailing Amazon Business Accounts Terms and Conditions, Contractor acknowledges that PWCS is an instrumentality of the Commonwealth of Virginia subject to the Virginia Public Records Act (Code of Virginia, Title 42.1, Chapter 7). Subject to the foregoing, PWCS will only disclose this Contract and all confidential information exchanged in connection with this Contract after providing Contractor with notice of any Public Records Act requests and allowing Contractor the right to request exemption or redaction based on assertions of confidentiality or proprietary information to the extent permitted by the applicable law. 34.1. Cost estimates relating to a proposed transaction prepared by or for a public body shall not be open to public inspection. 34.2. Proposal records shall be open to the public only after award. 686 34.3. Any offeror who responds to an RFP shall be afforded the opportunity to inspect proposal records upon request within a reasonable time after the evaluation and negotiation of proposals are complete but prior to award, except in the event PWCS decides not to accept any of the proposals and to resolicit. 34.4. Offerors may not declare the entire proposal proprietary nor may they declare proposed pricing to be proprietary. 34.5. Nothing contained in this section shall be construed to require PWCS to furnish a statement of the reason(s) why a particular offer was not deemed to be the most advantageous to PWCS. 35. INVOICES: Invoices for goods and/or services ordered, delivered and accepted shall be submitted in accordance with the methods made available to PWCS on Contractor’s Amazon Business marketplace. 36. PAYMENT TERMS: 36.1. Payment will be made in accordance with the methods and terms made available to PWCS on Contractor’s Amazon Business marketplace. . 37. PAYMENT TO SUBCONTRACTORS: 37.1. A Contractor awarded a contract under this solicitation is hereby obligated to: 37.1.1. Pay the subcontractor(s) within seven (7) days of the Contractor's receipt of payment from PWCS for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or, 37.1.2. Notify PWCS and the subcontractor(s), in writing, of the Contractor's intention to withhold payment and the reason for such. 37.2. Unless otherwise provided under the terms of the Contract, interest shall accrue at the rate of one percent per month on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from PWCS except for amounts withheld as stated in the paragraph above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. This obligation to pay interest is not an obligation of PWCS, and no contract modification will be made for the purpose of providing reimbursement of the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge. 37.3. The provisions of 42.1 through 42.3 apply to each sub -tier contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of PWCS or any participating jurisdiction. 37.4. For the avoidance of doubt, Contractor does not contemplate using subcontractors in the performance of this Contract and Contractor’s vendors, third-party sellers and service providers providing goods and services hereunder shall not be deemed subcontractors under any of these General Terms and Conditions. 38. TAX EXEMPTION: PWCS is exempt from the payment of federal excise or Virginia Sales and Use Tax. Contractor shall make available its Amazon Tax Exemption Program to PWCS and allow PWCS to apply its tax exemption status to eligible purchases from Contractor’s Amazon Business marketplace. 39. TAXES: Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Contract. All fees payable by PWCS are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes and gross receipts taxes (“Indirect Taxes”). PWCS will provide such information to Contractor as reasonably required to determine whether Contractor is obligated to collect Indirect Taxes from PWCS. Contractor shall not collect, and PWCS shall not pay, any such Indirect Tax or duty for which PWCS furnishes Contractor a properly completed exemption certificate or a direct payment permit certificate or for which Contractor may claim an available exemption form Indirect Tax. All payments made by PWCS to Contractor under this Contract will be made free and clear of any withholding or deduction for taxes. If any such taxes (for example, international withholding taxes) are required to be withheld on any payment, PWCS will pay such additional amounts as are necessary so that the net amount received by Contractor is equal to the amount then due and payable under this Contract. Contractor will provide PWCS with such tax forms as are reasonable requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Contract. 40. TITLE TRANSFER: To the extent that title to any digital or tangible property is transferred under this Contract, title will transfer from PWCS to Contractor upon receipt by Contractor. OFFEROR/CONTRACTOR REMEDIES 41. ACCEPTANCE OF OFFERS BINDING 120 DAYS: Unless otherwise specified in the RFP, all formal offers submitted shall be binding for one hundred twenty (120) calendar days following proposal opening date, unless extended by mutual consent of all parties. 42. ARBITRATION: Notwithstanding any provision in the prevailing Amazon Business Accounts Terms and Conditions, it is expressly agreed that nothing under the contract shall be subject to arbitration, and any references to arbitration are expressly deleted from the contract documents. 43. AUDIT: To the extent that PWCS has questions about the data supplied by Contractor in any accounting statements or reports, or the amount or calculation of amounts paid to Contractor, the parties will engage in good faith efforts to resolve such questions and, upon PWCS’ reasonable request, Contractor will furnish back-up documentation sufficient to verify the accuracy and completeness of such accounting statements or reports, and to demonstrate the manner in which amounts owed were calculated. . 44. CONTRACTUAL DISPUTES: Notwithstanding any provision in the prevailing Amazon Business Accounts Terms and conditions, any dispute concerning a question of fact including claims for money or other relief as a result of a contract with PWCS which is not disposed of by agreement shall be declared by the Supervisor of Purchasing, who shall reduce a decision to writing and mail or otherwise forward a copy thereof to the Contractor within ten (10) days. The decision of the Supervisor of Purchasing shall be final and conclusive unless the Contractor appeals within ten (10) days of receipt of the written decision. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment; however, as a condition precedent to consideration of the claim, the Contractor must give written notice of the intention to file such a claim at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final payment. 45. EXHAUSTION OF ADMINISTRATIVE REMEDIES: No potential Offeror or Contractor shall institute any legal action until all administrative remedies available under this solicitation and resulting contract have been exhausted and until all statutory requirements have been met. 46. PROTEST OF AWARD OR DECISION TO AWARD: Any Offeror may protest the award or decision to award a contract by submitting a protest in writing to the Protest Officer no later than ten (10) calendar days after public notice of the award or the announcement of the decision to award, whichever occurs first. Any potential offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than ten (10) calendar days after posting or publication of the notice of such contract. The written protest shall include the basis for the protest and the relief sought. The Protest Officer shall issue a decision in writing within ten (10) calendar days of the receipt of the protest stating the reasons for the action taken. 687 46.1. If, prior to award, it is determined that the decision to award is arbitrary or capricious then the sole relief shall be a finding to that effect. The Supervisor of Purchasing shall cancel the proposed award or revise it to comply with the law. If, after award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by PWCS. Where the award has been made and performance has begun, the Supervisor of Purchasing may declare the contract void upon a finding that this action is in the best interest of PWCS. Where a contract is declared void, the performing Contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits. 46.2. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this paragraph shall not be affected by the fact that a protest or appeal has been filed. 46.3. An award need not be delayed for the period allowed an Offeror to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the offer would expire. 47. SEVERABILITY: The sections, paragraphs, sentences, clauses and phrases of this Contract are severable, and if any phrase, clause, sentence, paragraph or section of this Contract shall be declared invalid by the valid judgment or decree of a court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Contract. 688 689 1 AMENDMENT NO. 1 TO COOPERATIVE PURCHASING AGREEMENT AND PARTICIPATING ADDENDUM This Amendment No. 1 (“Amendment”) is entered into as of June 4, 2024 (“Effective Date”), by and between Contra Costa County, a political subdivision of the State of California, (“County”) and Amazon.com Services LLC, a Delaware limited liability company (“Amazon”). The County and Amazon are sometimes referred to herein together as the “Parties,” and each as a “Party.” Capitalized terms used but not defined herein shall have the same meanings the terms have in the Cooperative Purchasing Agreement and Participating Addendum, dated June 22, 2021 (“Agreement”), between the County and Amazon. Recitals A. The Parties entered into the Agreement on June 22, 2021, enabling the County to make purchases of materials, supplies, and other items from Amazon’s online marketplace under the terms of the Master Contract, as modified by the Agreement. B. The Agreement includes an expiration date of June 21, 2024. The Master Contract has been extended through January 18, 2026, and could be extended again by up to two additional years. The Parties desire to amend the Agreement to extend the term through January 18, 2026, and to provide for one additional two-year extension in the event the term of the Master Contract is extended by two additional years. Amendment Now, therefore, for good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Section 1 (Term) of the Agreement is deleted in its entirety and replaced with new Section 1, to read: “1. Term. The term of this Agreement begins on the Effective Date, and it expires January 18, 2026. If the term of the Master Contract is extended beyond January 18, 2026, this Agreement may be extended by the same period. If the Master Contract is terminated during the term of this Agreement, Amazon shall provide the County notice of such termination in a manner that Amazon deems reasonable, and Amazon shall continue satisfying its obligations under this Agreement for the remainder of the then-current term of this Agreement as if the Master Contract were still in effect, unless otherwise provided for in the notice of termination.” 2. Except as modified by this Amendment, the Agreement remains unchanged and in full force and effect. 690 2 IN WITNESS WHEREOF, this Amendment is executed as of the Effective Date first written above. Contra Costa County By: _____________________________ Name: Cynthia Shehorn Title: Procurement Manager Amazon.com Services, LLC By: _____________________________ Name: Title: Approved as to form: Thomas L. Geiger, County Counsel By: _____________________________ Assistant County Counsel 691 692 PARTICIPATING ADDENDUM for Maintenance, Repair & Operations (MRP) Supplies, Parts, Equipment, and Materials under OMNIA Purchasing Cooperative Program Page 1 of 5 Participating Entity: CONTRA COSTA COUNTY Contractor: W.W. Grainger, Inc. This Agreement is made and entered into as of June 4, 2024 (“Effective Date”), by and between Contra Costa County, a political subdivision of the State of California (“County”), and W.W. Grainger, Inc., an Illinois corporation, (hereinafter referred to as “Grainger”) whose principal place of business is 100 Grainger Parkway, Lake Forest, IL 60045. The County and Grainger are sometimes referred to herein together as the “Parties,” and each as a “Party.” Whereas, Grainger offer maintenance repair and operations supplies, parts, and equipment under Contract #192163, awarded by the City of Tucson, Arizona, as previously amended, (“Master Contract;” the most recent amendment is dated March 6, 2023) and made available to public agencies nationally by OMNIA Public Purchasing Purchasing Alliance (“OMNIA”), after a competitive bid process. Whereas, the County has determined that entering into a Participating Addendum under the OMNIA program provides a benefit to the County, but that certain terms and conditions of the Master Contract must be modified to meet legal requirements that apply to the County. Whereas, the County previously entered into a participating addendum with Grainger to participate under the Master Contract, but that participating addendum expired December 31, 2023 (“Prior Participating Addendum”). The County previously issued a purchase order under the Prior Participating Addendum, dated November 16, 2021 (“Prior Purchase Order”), but inadvertently neglected to extend the term of the participating addendum through December 31, 2024. After this participating addendum is effective, a new purchase order will be issued for purchases under this Agreement. Now therefore, Grainger and the County agree as follows: 1. Term. The term of this Agreement begins on the Effective Date, and it expires on December 31, 2024. If the Master Contract is terminated prior to the expiration of the term, or any extension thereof, Grainger shall help the County select a replacement cooperative contract to continue to perform under this Agreement until the term of this Agreement, or extension thereof, expires, or until this Agreement is terminated. 2. Payment Limit. The County’s total payments to Grainger under this Agreement shall not exceed $750,000 (“Payment Limit”). Nothing in this Agreement obligates the County to make any purchases, or any particular volume of purchases, under this Agreement. 3. Changes to Master Contract. For the purposes of this Agreement, the terms of the Master Contract are incorporated in, and made a part of, this Agreement, except for those terms of the Master Contract that are modified by this Agreement, as follows: a. Parties. Each reference to “City of Tucson,” and “City” in the Master Contract is deleted and replaced with “Contra Costa County” and “County,” respectively*. Each reference to “Department of Procurement” or “Procurement Department” in the Master Contract is hereby deleted and replaced with “Purchasing Agent.*” * as applicable to a participating member of the cooperative on the Master Contract. 693 PARTICIPATING ADDENDUM for Maintenance, Repair & Operations (MRP) Supplies, Parts, Equipment, and Materials under OMNIA Purchasing Cooperative Program Page 2 of 5 b. Insurance. Notwithstanding anything to the contrary in the Master Contract, each certificate of insurance that Grainger, or any subcontractor of Grainger, is required to provide the County shall name “Contra Costa County, its officers, employees, and representatives” as additional insureds. c. Affirmative Action. Section 2 (Affirmative Action) of the Standard Terms and Conditions of the Master Contract is hereby deleted. d. Applicable Law. Section 4 (Applicable Law) of the Standard Terms and Conditions of the Master Contract is hereby deleted and replaced with new Section 4, to read: “4. Applicable Law. This Contract shall be governed by the laws of the State of California, without regard to conflict of laws principles. Any litigation brought under this Contract shall be filed in a state or federal court in California where venue is proper, and which has jurisdiction over the parties and over the subject matter of the litigation.” e. Confidentiality of Records. Section 9 (Confidentiality of Records) of the Standard Terms and Conditions of the Master Contract is hereby deleted in its entirety and of no further force or effect. f. Federal Immigration Laws and Regulations. In Section 16 (Federal Immigration Laws and Regulations) of the Standard Terms and Conditions of the Master Contract, each reference to an Arizona statute or law is hereby deleted. g. Human Relations. Section 19 (Human Relations) of the Standard Terms and Conditions of the Master Contract is hereby deleted. h. Israel Boycott Divestments. Section 24 (Israel Boycott Divestments) of the Standard Terms and Conditions of the Master Contract is hereby deleted. i. Payments. Notwithstanding anything to the contrary in Section 30 (Payment) of the Standard Terms and Conditions of the Master Contract, the County may make any payments to the Contractor by any lawful method, including but not limited to credit card, procurement card, check, or warrant. j. Public Records. The following term is hereby added to the Master Contract, to read: “Public Records. The County is a California public agency that is required to comply with local, state, and federal laws regarding public records, including but not limited to the California Public Records Act (Cal. Gov. Code, § 6250, et seq.) and the County’s Better Government Ordinance (Contra Costa County Ordinance Code, Division 25). This Contract, and all materials produced for or provided to the County under this Contract, 694 PARTICIPATING ADDENDUM for Maintenance, Repair & Operations (MRP) Supplies, Parts, Equipment, and Materials under OMNIA Purchasing Cooperative Program Page 3 of 5 will be disclosed upon request if the County determines the materials constitute disclosable public records under the California Public Records Act or under the Better Government Ordinance, or under any other local, state, or federal law or regulation.” Grainger reserves the right to exercise any or all of its rights under the California Public Records Act and any other applicable California law or any other local, state or federal law or regulation to protect its confidential, proprietary or trade secret information from public or third-party disclosure. 4. Governing Law. Notwithstanding anything to the contrary in the Master Contract, this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any litigation to enforce or interpret this Agreement shall be filed and prosecuted in a state or federal court in California where venue is proper and which has jurisdiction over the parties and the subject matter of the litigation. 5. No Joint Venture. At all times during the term of this Agreement, neither party will function as or represent it to be the other party or its agent, and no officer, employee or agent of one party shall hold himself or herself out to be an officer, employee or agent of the other party. This Agreement does not create any rights or obligations between the parties other than those expressly set forth herein and nothing in this Agreement shall be construed as conferring any rights upon any third parties or any other party other than the County and Grainger. 6. Amendment. This Agreement may be amended or modified at any time by mutual agreement of the parties in writing. 7. Termination. Notwithstanding anything to the contrary in the Master Contract, either the County or Grainger may terminate this Agreement at any time upon sixty (60) days written notice to the other party at the other party’s address specified in Section 9 (Notices). 8. Performance. a. Grainger affirms that there are no encumbrances or obstacles, which will prohibit its performance pursuant to the terms of this Agreement. Grainger shall be solely responsible for guaranteeing any of its dealers, distributors, or subcontractors perform in accordance with the requirements of this Agreement. To make purchases under this Agreement, the County will issue one or more purchase orders that incorporate this Agreement by reference. Where a purchase order incorporates this Agreement by reference, the terms of this Agreement shall apply to and govern that purchase order. If the County issues any purchase orders to acquire goods or services under this Agreement, to the extent that there is any conflict between the terms of the purchase order and a term in this Agreement, the term of the Master Contract shall govern and prevail over the conflicting term in the purchase order. b. Notwithstanding the expiration of the Prior Participating Addendum, Grainger agrees that the terms of the Prior Participating Addendum shall apply to all purchases made under 695 PARTICIPATING ADDENDUM for Maintenance, Repair & Operations (MRP) Supplies, Parts, Equipment, and Materials under OMNIA Purchasing Cooperative Program Page 4 of 5 the Prior Purchase Order. Upon the Effective Date written above, the Prior Purchase Order is hereby cancelled, except for outstanding orders made prior to the Effective Date. c. Nothing in this Agreement authorizes Grainger to perform, and Grainger agrees to not perform, any services or work that would require the payment of prevailing wages under the California Labor Code, or formal or informal bidding under the California Public Contract Code. 9. Notices. Notices to the parties shall be provided to: W.W. Grainger, Inc. W.W. Grainger, Inc. 444 Doolittle Drive San Leandro, CA 94577-1016 Telephone: (925) 353-8996 Contact: Benjamin Nichols – GVP, Government and Healthcare Account Manager: Email: Frank.cuneo@grainger.com County: Contra Costa County-Purchasing Services 40 Muir Road, 2nd floor Martinez, CA 94553 Telephone: (925) 957-2495 Contact: Cynthia Shehorn, Procurement Services Manager Email: cindy.shehorn@pw.cccounty.us All notices shall be in writing and personally delivered, delivered by overnight carrier with delivery charges for next day deliver prepaid by the sending party, or sent by First Class, certified mail return receipt required, U.S. Mail, with postage prepaid by the sending party. A courtesy copy of a notice may be given by email, but giving a courtesy copy of a notice by email does not relieve the sending party of its obligation to give notice to the receiving party in the manner required by this section. A notice given in accordance with this section shall be deemed received by the receiving party on (a) the same day, if personally delivered, (b) the next business day, if timely deposited with an overnight carrier and with delivery charges prepaid to ensure next day delivery, and (c) on the fifth day after mailing, if mailed by First Class, certified mail, return receipt required, U.S. Mail with postage prepaid. 10. Successors and Assigns; Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. This Agreement may not be assigned by either party without the express written permission of the other party, which shall be within that party’s sole discretion to provide. 696 PARTICIPATING ADDENDUM for Maintenance, Repair & Operations (MRP) Supplies, Parts, Equipment, and Materials under OMNIA Purchasing Cooperative Program Page 5 of 5 IN WITNESS, WHEREOF, the parties have executed this Participating Addendum as of the Effective Date. Participating Entity: Contra Costa County Contractor: W.W. Grainger, Inc. Signature: Signature: Name: Cynthia Shehorn Name: Title: Procurement Services Manager Title: Signature: Name: Title: Approved as to form: Thomas L. Geiger, County Counsel By: __________________________ Assistant County Counsel Attachment: Master Contract 697 Page 1 AGREEMENT REGARDING JOINT ROAD PAVEMENT MAINTENANCE OVERLAY PROJECT 2024 This AGREEMENT REGARDING JOINT ROAD PAVEMENT MAINTENANCE OVERLAY PROJECT 2024 (“Agreement”) is made and entered into this __day of____ 2024 (the “Effective Date”), by and between Contra Costa County, a political subdivision of the State of California (“County”), and the City of Lafayette, a municipal corporation of the State of California (“Lafayette”). County and Lafayette may be referred to herein individually as a “Party” and collectively as the “Parties”. R E C I T A L S A. Pleasant Hill Road is located both within unincorporated Contra Costa County, and within the City of Lafayette. Lafayette intends to proceed with pavement maintenance work in the form of an overlay project on a portion of Pleasant Hill Road located within the City of Lafayette, as described in more detail in Exhibit A, attached hereto and incorporated herein by this reference (the “Lafayette Pavement Overlay Work”). B. The County intends to proceed with pavement maintenance work in the form of an overlay project on a portion of Pleasant Hill Road located within unincorporated Contra Costa County, as described in more detail in Exhibit B, attached hereto and incorporated herein by this reference (the “County Overlay Work”). C. Both Lafayette and the County intend to use local funding sources for Lafayette Pavement Overlay Work and County Overlay Work, respectively. D. In order to more effectively implement their projects and save project costs, the Parties desire to coordinate and cooperatively implement the Lafayette Pavement Overlay Work and the County Overlay Work collectively in a joint pavement overlay project pursuant to the terms of this Agreement (the “Project”) and enter into a single construction contract for the Project where, among other things, each Party will be responsible for Project costs within its jurisdiction, pursuant to Streets and Highways Code section 1712 and other applicable laws. T E R M S NOW, THEREFORE, the Parties in consideration of the mutual promises set forth in this Agreement, agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is for the Parties to cooperatively implement the construction of the Project and for each Party to be responsible for the costs of Project within its jurisdiction. 2. Responsibilities of the Parties. 2.1 Lafayette. Lafayette shall do the following: 698 Page 2 a) Perform its own design, engineering, administration, inspection, materials and testing for the Lafayette Pavement Overlay Work and be responsible for all associated costs associated therewith; b) Prepare bid and contract documents, including, among other things, bid schedule, contract, general conditions, and special provisions for the purpose of entering into a construction contract with a contractor for the Project; i. Utilize the City of Lafayette Standard Specifications (March 2013); ii. Lafayette reserves discretion as to form and language of bid and contract documents for the Project, subject to reasonable review and approval by the County in accordance with Section 2.2(c) below; c) In Project bid and contract documents, require the contractor and its subcontractors for the Project to indemnify and hold harmless both the County and Lafayette and name both the County and Lafayette as additional insureds, with language that shall be reviewed and reasonably approved by the County as provided for in Section 2.2(c). d) Incorporate in the Project bid and contract documents all design, plans, and construction quantities for the County Overlay Work that are furnished by the County to Lafayette, and require each bid to specify the amount of the bid allocated to County Overlay Work and the amount of the bid allocated to Lafayette Pavement Overlay Work; e) Let for bid a construction contract for Project; notify the County of the lowest responsible bidder submitting a responsive bid for the combined value of Project; notify the County if Lafayette is dissatisfied with the bids received and intends to exercise its right to withdraw from the Project; and, unless either Party intends to withdraw pursuant to Section 11.2 below, award the Project construction contract to the lowest responsible bidder submitting a responsive bid; f) Administer the Project construction contract in coordination with the County construction inspection and management personnel and be responsible for all costs associated with inspection, material testing, and construction management of the Lafayette Pavement Overlay Work; g) Prepare and provide a financial accounting of the construction contract costs of the Project associated with the County Overlay Work (the “County Costs”) to the County; and h) Work cooperatively and in good faith with the County to implement the Project, including proportionate cost sharing in the event of any unforeseen costs regarding the Project. 2.2 The County shall do the following: a) Prepare its own design and engineering for the County Overlay Work and be responsible for all associated costs, using applicable Project technical provisions developed and furnished by Lafayette; 699 Page 3 b) Timely provide to Lafayette contract drawings (i.e., designs and plans) and construction bid quantities for the County Overlay Work to be incorporated into the bid and contract documents for the Project. Such drawings and information shall be consistent with a form to be specified by Lafayette; c) Review and reasonably approve Project bid and contract documents prepared by Lafayette as noted in Section 2.1(b) and (c) above in a timely manner; d) Review the bids received for the Project and timely notify Lafayette if County is dissatisfied with the bids received and intends to exercise its right to withdraw from the Project, as provided in Section 11.2 below; e) Furnish and identify, at its sole cost, construction management personnel, who shall have authority to represent the County and make final decisions on all construction matters that may arise during the Project. These personnel shall administer the construction of the County Overlay Work in coordination with Lafayette; f) Review and respond to all requests for information, inspection, change orders and approvals related to the County Overlay Work with its approval, disapproval, and/or applicable comments within five (5) working days after submission by Lafayette; g) Be responsible for all costs associated with inspection, material testing, and construction management of the County Overlay Work; h) Reimburse Lafayette for the County Costs within 30 days of receiving the financial accounting as provided in Section 2.1(g); and i) Work cooperatively and in good faith with Lafayette to implement the Project, including proportionate cost sharing in the event of any unforeseen costs regarding the Project. 3. Mutual Indemnification. 3.1 To the extent permitted by law, Lafayette shall indemnify, defend, assume all liability for and hold harmless the County and its officers, employees, agents and representatives, to the maximum extent allowed by law, from all actions, claims, suits, penalties, obligations, liabilities, damages to property, costs and expenses (including without limitation any fines, penalties, judgments, actual litigation expenses and attorneys’ fees), environmental claims or bodily and/or personal injuries or death to any persons (collectively, “Claims”), to the extent arising out of or in any way connected with the Project that are caused, or claimed or alleged to be caused, in whole or in part by the negligence or willful misconduct of Lafayette, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control; provided, however, that Lafayette is not required to indemnify County for the proportion of liability attributable to the negligence or willful misconduct of County, its officers and employees. This provision will survive the expiration or termination of this Agreement. 700 Page 4 3.2 To the extent permitted by law, the County shall indemnify, defend, assume all liability for and hold harmless Lafayette and its officers, employees, agents and representatives, to the maximum extent allowed by law, from all Claims to the extent arising out of or in any way connected with the Project that are caused, or claimed or alleged to be caused, in whole or in part by the negligence or willful misconduct of County, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control; provided, however, that County is not required to indemnify Lafayette for the proportion of liability attributable to the negligence or willful misconduct of Lafayette, its officers and employees. This provision will survive the expiration or termination of this Agreement. 4. No Waiver. The waiver by any Party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement. 5. Notices. Any notice or other communication (“Notice”) which either Party may desire to give to the other Party under this Agreement must be in writing and may be given by any commercially acceptable means, including via first class certified mail, personal delivery or overnight courier, to the Party to whom the Notice is directed at the address of the Party as set forth below, or at any other address as that Party may later designate by Notice. Any Notice shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first-class mail, certified and postage prepaid, return receipt requested, and on the next business day if sent via nationally recognized overnight courier. Lafayette: City of Lafayette Attention: Mike Moran, Public Works Director 3675 Mt. Diablo Boulevard #210 Lafayette, CA 94549 County: Contra Costa County Attention: Warren Lai, Public Works Director 255 Glacier Drive Martinez, CA, 94553 6. Interpretation; Venue. 6.1 Interpretation. The headings used herein are for reference only. The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California without regard to the choice of law or conflicts. 6.2 Venue. This Agreement is made in Contra Costa County, California. The venue for any legal action in state court filed by any Party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement shall be in the Superior Court of California, County of Contra Costa. The venue for any legal action in 701 Page 5 federal court filed by any Party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement lying within the jurisdiction of the federal courts shall be the Northern District of California. 7. Third-Party Beneficiaries. Nothing contained in this Agreement shall be construed to create any rights in third parties and the Parties do not intend to create such rights. 8. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 9. Severability. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement. 10. Amendment of Agreement. This Agreement may be amended at any time by mutual Agreement of the Parties. Any amendment shall be in writing and signed by all Parties. 11. Termination. 11.1 Term. This Agreement is effective as of the Effective Date and shall continue in effect until the Project is complete, as evidenced by Lafayette’s recording of a notice of completion for the Project unless earlier terminated as provided herein. 11.2 If either Party is dissatisfied with the Project bids Lafayette receives, it may withdraw from the Project by providing written notice to the other Party of its intent to withdraw. Such notice shall be provided a minimum of five (5) business days prior to the date set for award of the contract for the Project. If a Party provides written notice of withdrawal to the other Party, this Agreement shall be terminated as of the date of the notice. In the event of termination pursuant to this Section 11.1, both Parties shall bear their own costs incurred up to the effective date of termination. Notwithstanding the foregoing, any costs associated with non-cancellable obligations accrued by Lafayette arising out of the County Overlay Work shall be reimbursed by the County to Lafayette. 11.3 Except as provided in Section 11.1, neither Party may terminate this Agreement except due to an uncured material breach of the Agreement by the other Party. In the event of a material breach, the non-breaching Party must provide written notice of the breach to the breaching Party, and the breaching Party shall have thirty (30) calendar days from the date of the notice of material breach to cure. In the event of termination pursuant to this Section 11.2 due to the County’s breach, County shall pay Lafayette for all costs incurred by Lafayette with respect to the County Overlay Work up to the effective date of termination, including costs associated with non-cancellable obligations. 702 Page 6 12. Entirety of Contract. This Agreement constitutes the entire agreement between the Parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, between the Parties with respect to the subject matter hereof. 13. Counterparts. This Agreement may be executed in counterparts that, together, constitute one and the same instrument. [Remainder of page intentionally left blank. Signatures on next page(s).] 703 Page 7 SIGNATURE PAGE TO AGREEMENT REGARDING JOINT ROAD PAVEMENT MAINTENANCE OVERLAY PROJECT 2024 BETWEEN THE CITY OF LAFAYETTE AND CONTRA COSTA COUNTY IN WITNESS WHEREOF, this Agreement is executed by the Parties as of the Effective Date. CITY OF LAFAYETTE, a municipal corporation By: City Manager APPROVED AS TO FORM: By: City Attorney CONTRA COSTA COUNTY, a political subdivision of the State of California By: Name: Warren Lai Title: Public Works Director APPROVED AS TO FORM: Thomas L. Geiger, County Counsel By: 704 EXHIBIT A LAFAYETTE PAVEMENT OVERLAY WORK [Inserted behind this page] Exhibit A 705 EXHIBIT-A706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 SPRINGHILL RDPLE A S A N T H I L L R D 724 SPRINGHILL RDPLE A S A N T H I L L R D 725 SPRINGHILL RDPLE A S A N T H I L L R D CROSSWALKRAISEDAHEADW11-2R1-5LCROSSWALKRAISEDW17-1bPRAISED CROSSWALK AHEADASSEMBLY DETAIL726 ACALANES UNION HIGHSCHOOL SCHOOL DR IVEWAY3229 STANLEY BLVDSTANLEY BOULEVARD 727 EXHIBIT B COUNTY OVERLAY WORK [Inserted behind this page] Exhibit B 728 Reliez Valley Rd Pleasant Hill RdGreenvalley Rd Reliez Valley Rd EXHIBIT B UNINCORPORATED LAFAYETTE MAINTENANCE AREA COUNTY OVERLAY WORKCONTRA COSTA COUNTY DB: JW CB: CL DATE: MAY 2024 SHEET 1 OF 1 Exhibit B.dwgCITY OF LAFAYETTE LEGEND Project Area City/County Limits City LimitsCITY OF WALNUT CREEKRe l i e z V a l l e y R d Pleasant Hill RdGreenvalley RdParcel Lines CITY OF LAFAYETTE CITY OF WALNUT CREEK 729 730 EXHIBIT B -CONSTRUCTION BID SCHEDULE PLEASANT HILL ROAD - CITY OF LAFAYETTE CONTRACT No. 014-9741 4/25/2024 LOCAL ROAD FUNDS Item No.Item Code Bid Item Description Unit Est. Quantity Bid Unit Cost Bid Amount Percentage from total 1 120100 TRAFFIC CONTROL SYSTEM LS 1 32,000.00$ 32,000.00$ 12% 2 141100 REMOVE PAVEMENT MARKERS AND THERMOPLASTIC STRIPES & MARKINGS LS 1 2,860.00$ 2,860.00$ 1% 3 170103 CLEARING AND GRUBBING (LS)LS 1 2,600.00$ 2,600.00$ 1% 4 374207 CRACK TREATMENT LS 1 2,860.00$ 2,860.00$ 1% 5 390132 HOT MIX ASPHALT (TYPE A)TON 618 193.00$ 119,274.00$ 6 394073 PLACE HOT MIX ASPHALT DIKE (TYPE A)LF 1090 9.00$ 9,810.00$ 7 398010 PAVEMENT FAILURE REPAIR (6-inch)SQFT 6935 8.00$ 55,480.00$ 8 398100 REMOVE ASPHALT CONCRETE DIKE LF 1090 10.00$ 10,900.00$ 9 398200 CONFORM AND WEDGE GRIND ASPHALT PAVEMENT SQFT 8950 0.60$ 5,370.00$ 10 780258 ADJUST MANHOLE FRAME AND COVER (CCSD)EA 2 1,080.00$ 2,160.00$ 11 780270 ADJUST EXISTING UTILITY FRAME AND COVER TO GRADE EA 1 825.00$ 825.00$ 12 THERMOPLASTIC STRIPE (DETAIL 12)LF 1115 1.75$ 1,951.25$ 13 THERMOPLASTIC STRIPE (DETAIL 38)LF 160 3.25$ 520.00$ 14 THERMOPLASTIC STRIPE (DETAIL 38A)LF 190 2.00$ 380.00$ 15 THERMOPLASTIC STRIPE (DETAIL 39)LF 1062 2.00$ 2,124.00$ 16 840555 12" THERMOPLASTIC TRAFFIC STRIPE LF 74 12.00$ 888.00$ 17 840515 THERMOPLASTIC PAVEMENT MARKING SQFT 230 14.00$ 3,220.00$ 18 870111 INDUCTIVE LOOP DETECTOR (EA)EA 12 330.00$ 3,960.00$ 19 999990 MOBILIZATION LS 1 12,000.00$ 12,000.00$ 4% Contract Subtotal *269,182.25$ Other Costs $0 Subtotal $269,182 Contingencies (10%)$26,918 Total: $296,100 Contra Costa County Public Works Department Funding Source: Project Name: Bid Received date: 731 "\\PW-DATA\grpdata\engsvc\ENVIRO\Capital Projects-Facilities\Remodel, 1034 Oak Grove, Concord (WH380A)\CEQA\CEQA Documents\NOE\CP#23-16 Oak Grove County Crisis Hub (WH380A) - Final.docx" Revised 2018 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 From: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 County Clerk, County of Contra Costa Project Title: Oak Grove County Crisis Hub, Project #: WH380A, CP#: 23-16 Project Applicant: Contra Costa County Public Works Dept., 255 Glacier Drive, Martinez CA 94553 Main: (925) 313-2000, Contact: Izaac Tompkins, (925) 313-2176 Project Location: 1034 Oak Grove Road, Concord CA 94565, APNs 129-190-012, -043, and -044 Lead Agency: Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553 Main: (925) 655-2705, Contact: Syd Sotoodeh (925) 655-2877 Project Description: The Contra Costa County Health Services Department proposes to redevelop the project location to provide mental health support services. The project site comprises two structures, landscaping, recreational areas, and parking lot that has previously been used for similar mental health support services. The large building, which is vacant, will undergo extensive interior and exterior renovation to accommodate three main functions: a Crisis Call Center, a "Recharge" Center, and a drop- in day clinic; the small building, which is currently being occupied as a meeting space, will primarily serve as meeting spaces for group and individual counseling sessions. The grounds will primarily be preserved with landscape and utility improvements such as new irrigation and lighting, stormwater treatment infiltration, storm drain, sidewalk upgrades to ADA standards, fencing, and existing parking lot resurfacing resulting up to 8 feet of ground disturbance. Exempt Status: Ministerial Project (Sec. 21080[b][1]; 15268) Categorical Exemption (Sec. 15301[a][d]) 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 the minor alterations, repair, and maintenance of an existing public structure with negligible expansion of use pursuant to Article 19, Section 15301(a)(d) 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 03/18/2024 Senior Planner 732 "\\PW-DATA\grpdata\engsvc\ENVIRO\Capital Projects-Facilities\Remodel, 1034 Oak Grove, Concord (WH380A)\CEQA\CEQA Documents\NOE\CP#23-16 Oak Grove County Crisis Hub (WH380A) - Final.docx" Revised 2018 AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant Department of Fish and Wildlife Fees Due Public Works Department De Minimis Finding - $0 255 Glacier Drive County Clerk - $50 Martinez, CA 94553 Conservation and Development - $25 Attn: Izaac Tompkins Environmental Services Division Phone: 313-2176 Total Due: $75 Receipt #: 733 Lafayette Concord Martinez Pleasant Hill Walnut Creek Acalanes Ridge Contra Costa Centre North Gate Pacheco Shell Ridge Vine Hill Pleasant Hill RdConcord Blvd Oa k G r o v e R d A r b o l a d o Dr T reatBlvdWillow P ass R d N Main StMonu ment Blvd ClaytonRd State R t e 4 Y g n a c i o ValleyRdFigure 1 Site and Vicinity MapT:\PROJECTS\C\ContraCostaCounty_03891\019_OakGroveMentalHealthHistCul\Map\Oak Grove Mental Health.aprx 8/22/2023Source: Base Map Layers (Esri, USGS, NGA, NASA) Oak Grove Mental Health Facility Project Alameda Napa Sacramento SolanoSonoma San JoaquinContra Costa Study Area USGS 7.5 Min. Walnut Creek Quad Arroyo De Las Nueces Y Bolbones Approximate Location: -122.0359093 37.9514129 NAD 1983 State Plane CA Zone III (US Feet) Approximate Acreage: ±1.43 Acres 0 1 Miles Study Area 734 Figure 2 USGS Topographic MapT:\PROJECTS\C\ContraCostaCounty_03891\019_OakGroveMentalHealthHistCul\Map\Oak Grove Mental Health.aprx 9/12/2023Source: USGS, The National Map, 2021 Oak Grove Mental Health Facility Project USGS Base Map: Walnut Creek 7.5 Min. Quad Arroyo De Las Nueces Y Bolbones Approximate Location: -122.0359093 37.9514129 Study Area 0 2,000 Feet 735 OAK GROVE ROADOAK GROVE CENTER EXISTING SITE PLAN SCALE: 1" = 30'736 Figure 3 Area of Potential Effects MapT:\PROJECTS\C\ContraCostaCounty_03891\019_OakGroveMentalHealthHistCul\Map\Oak Grove Mental Health.aprx 9/12/2023Source: Aerial (Maxar, 8/11/2022) Oak Grove Mental Health Facility Project Fox Way Mo v i d a D r Gilly Ln S i e rra R d Oa k G r o v e R d F o x M e adow W a y 0 100 Feet Legend Area of Potential Effects - 1.43 Acres Potential storm drain improvement (trench: 85' long, 24" wide, 7' deep) Landscape, utility improvements (trench: depth up to 5', 18 inches wide, ~1,550' long for sewer, storm drain, fire, water, electrical) 129-190-043 129-190-044 129-190-012 Optional storm drain improvements (trench: 400' long, 20" wide, 8 feet deep) Potential sewer line improvement (trench: 40' long, 18" wide, 7' deep) Buildings to be renovoated: Large building constructed/ expanded between 1959 - 1966 Small building constructed between 1993 - 2003 737 State of California • Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION OFFICE OF HISTORIC PRESERVATION Julianne Polanco, State Historic Preservation Officer 1725 23rd Street, Suite 100, Sacramento, CA 95816-7100 Telephone: (916) 445-7000 FAX: (916) 445-7053 calshpo.ohp@parks.ca.gov www.ohp.parks.ca.gov Armando Quintero, Director March 28, 2024 Refer to HRSA_2024_0215_001 Mr. Adam Down Mental Health Project Manager Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4825 Re: Request for Section 106 Review of HRSA funded project to renovate buildings for Oak Grove Mental Health Facility, 1034 Oak Grove Road, Concord, CA. Contra Costa County project #WH380A. Dear Mr. Down: The California State Historic Preservation Officer (SHPO) received the consultation submittal for the above referenced undertaking for our review and comment pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations found at 36 CFR Part 800. The regulations and advisory materials are located at www.achp.gov. In a response to your initial letter, the SHPO responded requesting clarification on Contra Costa County’s delineation of the APE. Izaac Tompkins responded by email on March 18, 2024, providing that information. Undertaking The proposed project will renovate two existing building interiors, improve exterior facades, and will involve utility relocations and a stormwater treatment bioswale. Area of Potential Effects (APE) Contra Costa County delineated the APE as a 1.43 acre site where the two buildings will be renovated, and where utility relocation (trenching), and storm drain improvement may occur. • Pursuant to 36 CFR § 800.4(a)(1), I have no comments on Contra Costa County’s APE. Identification of Historic Properties Contra Costa County’s efforts to identify historic properties included a records search at Northwest Information Center, a pedestrian archaeological survey, and consultation with Native Americans. The records search indicated that no sites had been previously recorded within the project’s APE. A cultural resources pedestrian survey conducted by HELIX did not identify any potential archaeological properties, and identified one potential architectural historic property, a building constructed between 1964 and 1966, that was evaluated for inclusion in the NRHP. Contra Costa County received a Sacred Lands File search report on the APE from the Native American Heritage Commission (NAHC) that was negative. In the course of Tribal notification to Native American groups identified by the NAHC, Contra Costa County consulted with Wilton Rancheria and agreed to have a representative of Wilton Rancheria give a Cultural Awareness Training to on-site staff and the construction crew before the commencement of construction activities. 738 Determination of Eligibility to the NRHP • Pursuant to 36 CFR § 800.4(c)(2), Contra Costa County determined that the building at 1034 Oak Grove Road, Concord, CA, built from 1964-1966, is not eligible for the NRHP under Criteria A-D. I concur. Finding of Effect • Pursuant to 36 CFR § 800.4(d)(1), Contra Costa County has made a finding of No Historic Properties Affected. I do not object. We appreciate Conta Costa County’s efforts to comply with Section 106 of the National Historic Preservation Act and look forward to continuing this consultation. If you have questions please contact Susan Negrete, State Historian II, with the Local Government & Environmental Compliance Unit at susan.negrete@parks.ca.gov. Sincerely, Julianne Polanco State Historic Preservation Officer Cc: Adam Down, adam.down@cchealth.org 739 C ontra C osta C ounty Public Works Department Brian M. Balbas, Director Deputy Directors Stephen Kowalewski, Chief Allison Knapp Warren Lai Carrie Ricci Joe Yee February 15, 2024 Julianne Polanco State Historic Preservation Officer California Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816 RE: Request for Section 106 Consultation Oak Grove Mental Health Facility Renovation 1034 Oak Grove Road, Concord, Contra Costa County County Project Number: WH380A Federal Identification Number: CEl 46542 Dear Ms. Polanco, The Contra Costa County Public Works Department, Environmental Services Division (County), on behalf of the U.S. Department of Health and Human Services and its local agency representative Contra Costa Health Services, is requesting consultation of a new undertaking under 36 CFR 800 for the renovation of vacant buildings located at 1034 Oak Grove Road in Concord, Contra Costa County for a mental health facility (project location map attached). The request is a condition of the U.S. Department of Health and Human Services federal grant (Community Project Funding/Congressionally Directed Spending) for construction projects that will serve as lead for Section 106 compliance, although responsibility has been officially delegated to Contra Costa County (delegation letter attached). The undertaking complies with NEPA by the nationwide Programmatic Environmental Assessment/Finding of No Significant Impact (Renovation, Expansion, New Construction, and Improvements to Existing Medical Center Facilities [Nationwide], November 2010, HRSA) but stipulates a historic evaluation for renovations of buildings over 50 years old (attached). ''Accredited by the American Public Works Association" 255 Glacier Drive Martinez, CA 94553-4825 TEL: (925) 313-2000 • FAX: (925) 313-2333 www.cccpublicworks.org 740 Californ ia Offi ce of Historic Preserv ation February 15, 2024 Page 2 of 5 Contact Information Federal Agency: U.S. Department of Health and Human Services Health Resources and Services Administration Djuana D Gibson, Grants Management Specialist Office of Federal Assistance Management, Division of Grants Management Office dgibson@hrsa.gov (301) 443-3243 Agency Representative: Adam Down, MH Project Manager Contra Costa Behavioral Health Services adam.down@cchealth.org (925) 348-6839 Description of Undertaking and Area of Potential Effects (APE) The approximate 1.5-acre parcel consists of two buildings, paved parking lot, landscaping and recreation areas. The buildings were constructed at different times: the larger building was constructed and expanded between 1959 and 1966, and the smaller building was constructed sometime between 1993 and 2002. The interior and exterior of the buildings will be renovated which includes structural reinforcement, new electrical work, new HVAC equipment, and exterior facade improvements. The project also includes landscaping and utility improvements such as irrigation and lighting systems, tree removals/replacements, utility relocations, fencing, and stormwater treatment bioswale as well as replacement of the existing sidewalks to meet current ADA standards and resurfacing the existing parking lot. Ground disturbance includes a total of approximately 1,550 linear feet at varying widths up to 18 inches wide and depths up to 5 feet deep for the landscape and utility improvements. On-site storm drain improvement may occur in the existing parking lot along the north side of the parcel which would include a trench of approximately 400 linear feet, 20 inches wide and up to 8 feet deep. The project may also require off-site ground disturbances up to 7 feet below Oak Grove Road for sewer (approximately 40 linear feet, 18 inches wide) and storm drain improvements (approximately 85 linear feet, 24 inches wide) depending on the health of existing infrastructure (APE map and improvement plans attached). The aerial photograph review indicated that the APE appeared to be in agricultural use as early as 1946, including a building on-site; Oak Grove Road was already constructed. By 1958, the proposed project area was cleared of most of its trees, and the Page 2 of 5 741 C a lifo rn ia O ffi c e o f H isto ric P re se rv atio n Fe b ru a ry 15 , 2 0 2 4 P a g e 3 o f 5 afo re m e n tio n e d b u ild in g a p p e a rs to ha v e be e n re m o v e d . B e tw e e n 19 5 9 a n d 19 6 8 , tw o b u ild in g s , a pa rk in g lo t, a ba s k e tb a ll co u rt , a n d a sm a ll fie ld w e re co n stru c te d o n th e p ro je ct site ; by 19 7 9 , th e pa rce ls su rro u n d in g th e p ro p o se d p ro je c t a re a to th e no rt h , so u th , e a st, a n d w e st a re d e v e lo p e d w ith re s id e n tia l use s . T h e o n -site b u ild in g s ap p e a r in p h o to g ra p h s u n til 2 0 0 9 . C o n d itio n s w ith in th e A P E re m a in e d la rg e ly co n sta n t fro m at le a st 20 0 9 -2 0 2 0 . H isto ric a l re c o rd s re v ie w in d ic a te th a t th e p ro p e rty ha s be e n use d fo r a sk ille d nu rsin g fac ility fro m th e m id -19 5 0 s u n til la te 19 8 0 s w h e n th e use ch a n g e d to re s id e n tia l psy ch ia tric fac ility fo r ad o le sce n ts a n d co n tin u e d w ith sim ila r use s u n til 2 0 1 2 w h e n th e use ch a n g e d to re s id e n tia l a n d d a y tre a tm e n t p ro g ra m s fo r te e n s a n d y o u n g ad u lts. C o n stru c tio n is te n ta tiv e ly sc h e d u le d fo r 2 0 2 4 -2 0 2 5 . We request your comments on the adequacy of the APE for this undertaking. Id e ntifi c a tio n of Historic Properties A cultural resources assessment was conducted of the undertaking by the County's consultant, Helix Environmental Planning (HELIX), which included a historic resource evaluation of the buildings (attached) and summarized below: Archival Research A records search conducted at the Northwest Information Center (NWIC) revealed that three cultural resource investigations have been conducted within a 0.25-mile radius of the project's Area of Potential Effects (APE), and that one of these studies encompassed at least part of the currently proposed APE. Records at the NWIC also revealed that no cultural resources have been recorded within a 0.25-mile radius of the APE. Further details are included in Section 4 of the attached report. Native American Consultation A search of the Sacred Lands File (SLF) maintained by the Native American Heritage Commission (NAHC) indicated that there are no recorded occurrences of Native American sacred sites or human remains in the APE and vicinity. HELIX sent letters to 20 Native American contacts that were recommended by the NAHC as potential sources of information related to cultural resources in the APE and vicinity. Page 3 of 5 742 Californ ia Offi ce of Historic Preserv ation February 15, 2024 Page 4 of 5 An email response was received on September 8, 2023, from the Confederated Villages of Lisjan Nation requesting a copy of the final CHRIS records search and draft Environmental Impact Report for this project, along with the SLF results and any additional archaeological reports. The attached cultural resources assessment report was submitted to the tribe on February 15, 2024. An email response was received on September 15, 2023, from Wilton Rancheria confirming that the project is located within tribal ancestral and culturally affiliated territory but considering there would be no ground disturbance they would not like to share the exact details of these records. However, County staff realized that there will be ground disturbance for landscape and utility improvements, and therefore, the County followed up with Wilton Rancheria by email notifying them of this information along with the cultural resources assessment report and project plan sheets showing features that would result in ground disturbance. Based on this information, the tribe requested monitoring of ground disturbing activities. The County requested a meeting with the tribe to review the ground disturbance features which primarily consisted of trenching. On January 26, 2024, County and HELIX staff and the project architect and engineer representatives met with two members of the Wilton Rancheria to discuss project details. Considering the depths of trenches would average 3 feet up to a maximum of 5 feet, the tribe determined that monitoring would not be necessary but provided their Inadvertent Discovery Treatment Plan to include in the work protocol. While updating the cultural resources assessment report of this meeting and confirming ground disturbance details with the project engineer, it was learned that potential additional trench activities may occur up to 8 feet. The County notified the tribe of this additional information to determine if there were any concerns. The tribe responded that they be allowed to give a Cultural Awareness Training to on-site staff and construction crew at the kick-off /prior to construction. This concluded tribal consultation. As of the date of this report, no other responses to the tribal outreach have been received. Further details of the Native American consultation are included in Section 4.3 and Appendix C of the attached report. Surveys HELIX archaeologists surveyed the entirety of the APE. Ground visibility was poor (nearly 0%), as most of the area is a paved lot with two large buildings, a basketball court, and an athletic field. Survey of the APE revealed no visible native soil, with the entirety of the APE having been developed or landscaped. The survey did not identify any archaeological cultural resources within the APE. Further survey details are included in Section 5.0 of the attached report. Page 4 of 5 743 Californ ia O ffi ce of Historic Preserv ation F e b r u a ry 1 5 , 2 0 2 4 P a g e 5 o f 5 Historical Resources Evaluation HELIX's Senior Architectural Historian conducted a historic resource evaluation of the larger building that was constructed and expanded between 1959 and 1966 to assess its eligibility for inclusion in the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR). The smaller building is less than 50 years old; as such, it was not evaluated. Based on background research and the application of significance criteria, HELIX concluded that the larger building is not eligible for inclusion on either register. Further details of the historic resource evaluation are included in Section 6.0 of the attached report. We request your comments on the historic property identification and evaluation work that was completed for the undertaking. We also request your concurrence on the results of the NRHP evaluations. Finding of Effect Based on the above information, a No Historic Properties Affected finding applies to this undertaking. If you have any questions or require additional information, please do not hesitate to contact me at izaac.tompkins@pw.cccounty.us or (925) 812-7174. Thank you for your consideration. Sincerely, ~--r~ Izaac Tompkins Environmental Analyst I Environmental Services Division CG: \\PW-DATA\grpdata\engsvc\ENVIRO\Capital Projects-Facilities\Remodel, 1034 Oak Grove, Concord (WH380A)\NEPA\Section 106\Fianl SHPO Letter_2-14-24.docx Enclosures c: A. Down, Contra Costa Health G. Mountain, Contra Costa Health D. Strassmaier, Capital Projects C. Gemberling, Environmental Services L. Cremin, Environmental Services L. Owning, HELIX B. Siegel, HELIX Page 5 of 5 744 Figure 3 Area of Potential Effects MapT:\PROJECTS\C\ContraCostaCounty_03891\019_OakGroveMentalHealthHistCul\Map\Oak Grove Mental Health.aprx 9/12/2023Source: Aerial (Maxar, 8/11/2022) Oak Grove Mental Health Facility Project Fox Way Mo v i d a D r Gilly Ln S i e rra R d Oa k G r o v e R d F o x M e adow W a y 0 100 Feet Legend Area of Potential Effects - 1.43 Acres 745 \\PW-DATA\grpdata\engsvc\ENVIRO\Client Divisions\TransEng\Port Chicago Hwy Storm Drain-Sinkhole Repair (WO6269)\CEQA\NOE (final).docx Revised 2018 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 From: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 County Clerk, County of Contra Costa Project Title: Port Chicago Highway Storm Drain Pipe and Sinkhole Repair, Project #: WO6269, CP#: 24-07 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: Between 706 Port Chicago Highway and Skipper Road, Bay Point, Contra Costa County, APNs 098-040-027, 098-040-XXX, 098-040-029, 098-030-035 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 project will replace a damaged 60-inch diameter corrugated metal pipe (CMP) storm drain beneath the sidewalk, curb, and gutter along Port Chicago Highway with reinforced concrete pipe (RCP) and repair sinkholes that resulted from the pipe failing. The project is needed to properly convey surface water drainage and natural flows from Shore Acres Creek through the storm drain CMP and return the sidewalk, curb, and gutter to satisfactory condition. Work may also include temporary trench shoring and protection, dewatering, traffic paint restriping, and installation of American with Disabilities Act-compliant curb ramps at the Port Chicago Highway and Skipper Road intersection. Utility relocations, temporary traffic control, and tree/vegetation trimming and removal may be necessary. Real property transactions, including temporary construction easements, may be necessary in support of the project. Regulatory permits for impacts to the piped creek will be obtained before construction. Construction best management practices will be implemented for water pollution control such as storm drain inlet protection. Construction is anticipated to begin in 2026 and last approximately 30 days. Emergency vehicles will have access at all times. Exempt Status: Ministerial Project (Sec. 21080[b][1]; 15268) Categorical Exemption (Sec. 15301[c], 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 repair of an existing sidewalk, curb and gutter that will not expand the existing use, and replacement of an existing storm drain culvert that will have the same purpose and capacity pursuant to Article 19, Section 15301 and 15302 of the CEQA Statute and 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 May 16, 2024 Senior Planner 746 \\PW-DATA\grpdata\engsvc\ENVIRO\Client Divisions\TransEng\Port Chicago Hwy Storm Drain-Sinkhole Repair (WO6269)\CEQA\NOE (final).docx Revised 2018 AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant Department of Fish and Wildlife Fees Due Public Works Department De Minimis Finding - $0 255 Glacier Drive County Clerk - $50 Martinez, CA 94553 Conservation and Development - $25 Attn: Alex Nattkemper Environmental Services Division Phone: (925) 313-2364 Total Due: $75 Receipt #: 747 SHEET OF DATE: DB: CB: PROJECT LOCATION MAP Port Chicago Highway Storm Drain Pipe and Sinkhole Repair NOV 23 1 1 255 GLACIER DRIVE, MARTINEZ, CA 94553 PH: (925)313-2000 FAX: (925)313-2333 BAILEY ROAD 4 Bay Point Figure 1 748 MAINTENANCE DIVISION 2475 WATERBIRD WAY MARTINEZ, CALIFORNIA 94553 SHEET 1 OF 1 DES: __________ CHKD: _________ DATE: _________ SCALE: NO SCALE KEY RL CT 04/25/2023 Damaged Area PORT CHICAGO HIGHWAYKEY VICINITY MAP PORT CHICAGO HIGHWAY STORM DRAIN PIPE AND SINKHOLE REPAIR Bay Point, CA WO6269 SITE WILLOW PASS ROAD SKIPPER ROAD PACIFICA AVENUE RAI L R O A D S LOCATION MAP NO SCALE • Contra Costa County Public Works Department N A Figure 2 749 098-030-035 098-040-029 098-040-027 098-040-XXX Port Chicago HwySkipper Rd Port Chicago Highway Storm Drain Pipe and Sinkhole Repair 0 10050Feet ¯ Figure 3 Anticipated Project AreaParcel Lines 750 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 05/22/2024 : BDA-24-00233 02:55 PM 05/23/2024 Page 1 of 2 Company Contra Costa County Budget Template Operating Budget : FY2023-24 Operating Budget Budget FY2023-24 Operating Budget Organizing Dimension Type Amendment ID BDA-24-00233 Amendment Date 05/22/2024 Description 1026 Escobar project costs Amendment Type Appropriation / Estimated Revenue Adjustment Balanced Amendment Yes Entry Type Mid-Year Adjustments Status In Progress Budget Amendment Entries Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 4356:001-651 PINE DEMO 1200 GENERAL ADMINISTRATION (Home Org) 4405 PLANT ACQ- OFFICE BLDGS 100300 GENERAL $6,113.00 $0.00 TTX - 1026 Escobar Project Costs Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2479:OTHER SPECIAL DPMTAL EXP 1200 GENERAL ADMINISTRATION (Home Org) 0015 TREASURER- TAX COLLECTOR 100300 GENERAL $0.00 $6,113.00 1026 Escobar Project Costs Warning : - Home Org on Budget Line Not Equal Initiator's Home Org Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 05/22/2024 11:32:06 AM 05/23/2024 Laura Strobel 1 Budget Amendment Event Review Budget Amendment Not Required 05/23/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 05/22/2024 11:55:35 AM Danielle Fokkema (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Approved 05/22/2024 04:18:33 PM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Budget Amendment Event Review Budget Amendment Awaiting Action 05/23/2024 Analiza Pinlac (Budget Manager) 3 Harjit Nahal (Budget Manager) 751 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 05/22/2024 : BDA-24-00233 02:55 PM 05/23/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Peter Karumbi (Budget Manager) 752