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MINUTES - 08062024 - Complete Min Pkt
Meeting 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, August 6, 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 A.CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d) (1)) 1.Glendale Adventist Medical Center d/b/a Adventist Glendale Medical Center, et al. v. Xavier Becerra; United States District Court, District of Columbia, Case No . 1:24-cv-01244-RCL 2.County of Santa Clara d/b/a Santa Clara Valley Medical Center, et al. v. Xavier Becerra; United States District Court, District of Columbia, Case No. 1:24-cv-02075-PLF B.CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov . Code, § 54956.9(d)(2): [Two potential cases.] The Board voted 5-0 to file a lawsuit in the matters of Glendale Adventist Medical Center d /b/a Adventist Glendale Medical Center, et al . v. Xavier Becerra; United States District Court, District of Columbia, Case No. 1:24-cv-01244-RCL and County of Santa Clara d/b/a Santa Clara Valley Medical Center, et al. v. Xavier Becerra; United States District Court, District of Columbia, Case No. 1:24-cv-02075-PLF 4.Inspirational Thought- “Optimism is a happiness magnet. If you stay positive good things and good people will be drawn to you.” – Mary Lou Retton Page 1 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 5.CONSIDER CONSENT ITEMS (Items listed as C.1 through C.92 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:Carlson BurgisSecond: District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed 6.PRESENTATIONS PR.1 PRESENTATION to celebrate the exoneration of the Port Chicago 50, and to recognize those who significantly contributed towards the exoneration advocacy efforts. (Kendra Carr, Office of Racial Equity and Social Justice) PR.2 PRESENTATION from Health Services Director and CEO, Anna Roth, and additional department staff, to provide an overview of Contra Costa Health workforce development initiatives that engage and employ people with lived experience. (Anna Roth, Health Services Director) 7.DISCUSSION ITEMS D.1.HEARING to consider the proposed formation of Zone 1519 within County Service Area P-6 (Police Services) and adoption of Resolution No. 2024-276, for Subdivision No. 9581 in the unincorporated Walnut Creek area of the County for County File #CDSD21-09581. (Diana Lecca, Department of Conservation and Development) RES 2024-276 Attachments:Exhibit A - Legal Description Exhibit B - Plat Resolution 2024-237 Motion:Carlson AndersenSecond: District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed D.2.HEARING to consider adopting a Resolution No. 2024-277 and Ordinance No. 2024-13, authorizing the levy of a special tax for police protection services in Zone 1519 of County Service Area P-6 for Subdivision No. 9581 (County File #CDSD21-09581) in the unincorporated Walnut Creek area of the County, and fixing an election on October 8, 2024, to obtain voter approval. (Diana Lecca, Department of Conservation and Development) RES 2024-277 Page 2 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 Attachments:Exhibit A - Legal Description Exhibit B - Plat Exhibit C - ORDINANCE NO. 2024-13 Resolution 2024-237 Signed Ordinance No. 2024-13.pdf Motion:Carlson BurgisSecond: District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed D.3.HEARING to consider an appeal of the County Planning Commission's approval of a Kensington design review application for a two-story, 993 square foot, residential addition at 40 Anson Way in the unincorporated Kensington area and to consider approving the project, including approving a Kensington design review development plan, and related actions (Cari Rosner Jelen- Applicant, Elena Saxonhouse- Owner) (Kris McClain – Appellant). (Adrian Veliz, Department of Conservation and Development) 24-2326 Attachments:01 CDDP23-03024 BOS Findings and COAs_080624 02 - BOS Appeal Letter CDDP23-03024 03 Owners Letter re 40 Anson Appeal w attachments 04 CDDP23-03024 CPC Staff Report_w exhibits 05 CDDP23-03024 ZA Staff Report final CDDP23-03024 BOS Presentation_rev07.31.24 Speakers: Kris McClain, Appellant; Shana Sanderson on behalf of Appellant; Heather Sanders on behalf of Appellant; Cari Rosner, Applicant; Elena Saxonhouse, property owner; Kelly Rafferty, property co-owner. CLOSED the public hearing; DENIED the appeal of Kris McClain; DETERMINED that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301(e)(2); APPROVED a Kensington Design Review Development Plan for the project (County File No. CDDP23-03024); APPROVED the findings in support of the project; APPROVED the Conditions of Approval, with the addition and /or modification of any conditions required to achieve the lowering of the wall plate to 7 feet and the adjustment of the roof slope to 3 to 12, to achieve an approximate 18 inch reduction in height; APPROVED the 40 Anson Way Residential Addition Project as modified today; DIRECTED the Director of Conservation and Development to file a Notice of Exemption with the County Clerk. Page 3 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 Motion:Gioia AndersenSecond: District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed D.4.CONSIDER an update on COVID-19; and PROVIDE direction to staff. (Anna Roth, Health Services Director and Dr. Sefanit Mekuria, Deputy Health Officer) 24-2327 Speakers: Liz Ritchie. This Discussion Item was accepted the report. D.5 CONSIDER consent item previously removed. There were no consent items removed for discussion . D.6 PUBLIC COMMENT (2 Minutes/Speaker) Cheryl Barber said that she and many others in the community do not believe that our elections are secure, mainly because of the use of electronic voting devices . She feels the machines are not safe from interference in tabulation results and the padding of voter rolls, and requests their use be discontinued; Liz Ritchie provided a summary of claims she has spoken of in the past, including the lack of appropriate languages on the 2020 ballots and that they should not be counted, and that she believes that 26,000 registered voters should be purged from the roll because they have changed residence to another area; Caller requested information on how to find the figures regarding Covid-19 being detected in wastewater, whether the Pinole treatment plant numbers could be utilized, and inquired about the status of opening an animal shelter in Pinole . D.7 CONSIDER reports of Board members. Supervisor Andersen reminded Contra Costa residents that today is National Night Out, and that there are parties being hosted all over the county . All are welcome to attend 8.ADJOURN Adjourned today's meeting at 12:55 p.m. 9.CONSENT CALENDAR Child Support Services C.1.APPROVE Budget Amendment No. BDA-24-00418 recognizing revenue received in fiscal year 2023-2024 in the amount of $6,337,726 24-2328 Page 4 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 for expenses incurred in fiscal year 2022-2023 and appropriating it to Child Support Services. (66% Federal, 34% State) Attachments:BDA-24-00418.pdf approved Motion:Carlson AndersenSecond: Clerk of the Board CONSIDER CONSENT ITEMS A motion was made by District IV Supervisor Carlson, seconded by District II Supervisor Andersen, to approve the Consent Agenda . The motion carried by the following vote: District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Glover Aye: Result:Passed C.2.ADOPT Resolution No. 2024-278 celebrating the exoneration of the Port Chicago 50 and recognizing those who significantly contributed towards the exoneration advocacy efforts, as recommended by Supervisor Glover . RES 2024-278 adopted C.3.ADOPT corrected seat termination date for Catherine Reed on the District 1 seat for the Family and Children’s Trust Committee for a term ending on September 30, 2024, and REAPPOINT Catherine Reed to the District 1 seat for the Family and Children’s Trust Committee for a term ending on September 30, 2026, as recommended by Supervisor Gioia 24-2329 Attachments:Reed, Catherine (redacted) 12-27-23 approved C.4.APPOINT Randy Loyd to the Appointee 2 Seat on the El Sobrante Municipal Advisory Council seat, for a term ending on December 31, 2026, as recommended by Supervisor Gioia. 24-2330 Attachments:Lloyd, Randy (ESMAC)_redacted approved C.5.APPOINT Elianna Campos to the Community Representative #2 - Central/South County seat and Birdie Winrow to the Community Representative #4 - East County seat with terms ending April 30, 2025, and REAPPOINT Stacie Cooper-Roundtree to the Child Care Provider #4 - East County seat, with a term ending April 30, 2027, on the Local Planning and Advisory Council for Early Care and Education, as recommended by the Family and Human Services Committee. 24-2331 Page 5 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 Attachments:LPC Roster Campos Elianna Application_Redacted Winrow Birdie Application_Redacted Cooper-Roundtree Stacie Application_Redacted approved C.6.APPOINT nine (9) individuals to the Workforce Development Board of Contra Costa, as recommended by the Family and Human Services Committee. 24-2332 Attachments:WDB Appointment Recommendation Memo and Applications approved C.7.ACCEPT the resignation of Julie Bautista due to her retirement on July 31, 2024, DECLARE vacant the County Schools and Community College Districts Representative seat on the Treasury Oversight Committee (TOC) and DIRECT the Clerk of the Board of post the vacancy, as recommended by the Treasurer Tax Collector. 24-2333 Attachments:Vacancy Notice.pdf approved C.8.DECLARE a vacancy in the District I, Alternate 1 seat on the El Sobrante Municipal Advisory Council for a term ending on December 31, 2026 and DIRECT the Clerk of the Board to post the vacancy. 24-2334 Attachments:Vacancy Notice.pdf approved C.9.REAPPOINT Richard Frankel to the District IV Seat on the Assessment Appeals Board for a term ending September 5, 2027, as recommended by Supervisor Carlson. 24-2335 approved Clerk-Recorder/Elections C.10 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Lions Center for the Visually Impaired in the amount of $150 to rent the Center's Pittsburg facility to host a polling site for the November 5, 2024 general election. (100% General Fund) 24-2336 approved C.11 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent the Nick Rodriguez Community Center to host a polling site for the November 5, 2024 General Election. (No fiscal impact) 24-2337 approved Page 6 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 C.12 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent the Antioch Water Park to host poll worker training and a polling site for the November 5, 2024 General Election. (No fiscal impact) 24-2338 approved C.13 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee to execute a contract with the City of El Cerrito to rent the El Cerrito Community Center to host a polling site for the November 5, 2024 General Election. (No fiscal impact) 24-2339 approved C.14 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of El Cerrito to rent the Hana Gardens Senior Center to host poll worker training for the November 5, 2024 General Election. (No fiscal impact) 24-2340 approved C.15 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Trustees of the California State University and Colleges in the amount of $400 to rent the California State University - East Bay Concord campus to host poll worker training for the November 5, 2024 General Election. (100% General Fund) 24-2341 approved C.16 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Brentwood to rent the Brentwood Community Center to host poll worker training, a regional early voting site, and a polling site for the November 5, 2024 General Election. (No fiscal impact) 24-2342 approved C.17 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the San Ramon Valley United Methodist Church in the amount of $1,000 to rent the Wesley Center Great Hall to host a regional early voting site and a polling site for the November 5, 2024 General Election. (100% General Fund) 24-2343 approved C.18 . ACCEPT the canvass of votes for the Police Service Election in Area P-6, Zone 216, Subdivision 9588, as recommended by the Clerk-Recorder. (100% County Service Area P-6) 24-2344 Attachments:PSE_ElectionCertificate-Canvass approved Conservation & Development Page 7 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 C.19 . ADOPT Resolution No. 2024-284 conditionally providing for the issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $30,000,000 to finance the acquisition, construction, and rehabilitation of Riverhouse Hotel, a multifamily residential rental housing development located at 700 Alhambra Avenue, Martinez, and approving related actions, as recommended by the Conservation and Development Director. (No fiscal impact) RES 2024-284 adopted C.20 . ADOPT Resolution No. 2024-283 to approve and authorize the Conservation and Development Director, or designee, to apply for and accept a grant of up to a maximum of $1,499,285 from the California Ocean Protection Council, Senate Bill 1 Grant Program, for the preparation of the Contra Costa County Resilient Shoreline Plan that would create focused adaptation strategies and implementation actions for the communities along Contra Costa County’s shoreline. (100% State, no County match) RES 2024-283 Attachments:Governing Board Resolution for OPC Grants_Contra Costa Resilient Shoreline Plan adopted C.21 . APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents to restructure a Community Development Block Grant and a HOME Investment Partnership Program loan and AUTHORIZE Conservation and Development Director to execute necessary legal documents for the acquisition and development of 86 affordable rental apartment units at Giant Road Apartments in San Pablo. (100% Federal funds) 24-2417 Attachments:First Amendment of Giant Road Regulatory Agr Giant Road Assignment Agr Giant Road Deed of Trust Giant Road Refinanced Promissory Note Giant Road Second Amended Restated Intercreditor First Amendment of Giant Road County Loan Agr This Consent Item was approved. C.22 . APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with The Regents of the University of California, on behalf of its UC Berkeley Institute of Research on Labor and Employment, in an amount not to exceed $2,000,000 to analyze and design implementation strategies for clean energy economic development in the Green Empowerment Zone of Contra Costa County, for the period August 6, 2024 through August 5, 2027. (100% State Green Empowerment Zone funds) 24-2418 approved Page 8 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 C.23 . APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to apply for and accept, if awarded, an Environmental and Climate Justice Community Change Grant in an amount not to exceed $20 million from the U.S. Environmental Protection Agency and to execute a Partnership Agreement with Urban Tilth to cooperate in seeking the grant. (100% Federal; no County match) 24-2419 Attachments:STATUTORY PARTNERSHIP AGREEMENT v.4 approved County Administration C.24 . APPROVE and AUTHORIZE the County Administrator, or designee to execute a contract with Sletten Construction Company, a Montana Corporation, in an amount not to exceed $590,000 for the preconstruction phase of the West County Accessible Room Compliance (WARC) Project; AUTHORIZE the use of progressive design build procurement; and AUTHORIZE the County Administrator to approve final plans, specifications and design documents. 24-2420 approved C.25 . APPROVE and AUTHORIZE the County Administrator, or designee, to sign a revocable grant agreement with the Community Youth Center, a 501(c)(3) nonprofit corporation (CYC), in the amount of $5,000,000 to be used in the renovation of the CYC-owned property located at 1381 Galaxy Way in Concord, increasing CYC’s capacity to provide youth services. (100% Measure X) 24-2421 Attachments:Draft CYC Term Sheet final.pdf approved C.26 . APPROVE and AUTHORIZE the County Administrator, or designee, to execute legal documents necessary to opt-in to a settlement agreement with Kroger Company in the National Prescription Opiate Litigation and receive opioid settlement funds. (100% Kroger Company) 24-2422 approved C.27 . APPROVE Fiscal Year 2023-24 Budget Amendment No. BDA-24-00420 to appropriate fund balance in the amount of $275,460 for Vehicle Theft Program expenditures. (100% State Vehicle Theft Program fund balance) 24-2423 Attachments:BDA-24-00420.pdf approved C.28 . APPROVE Fiscal Year 2023-24 Budget Amendment No. BDA-24-00417 to appropriate fund balance in the amount of $299,312 for Crockett-Carquinez Fire District's Station 78 completed facility 24-2424 Page 9 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 upgrades. (100% Crockett-Carquinez Fire District fund balance) Attachments:BDA-24-00417.pdf approved County Counsel C.29 . APPROVE amendments to the list of designated positions of the Mt. View Sanitary District's Conflict of Interest Code, as recommended by County Counsel. 24-2345 Attachments:Exhibit A - Conflict of Interest Code Appendix A for the Mt. View Sanitary District.pdf Exhibit B - Conflict of Interest Code Appendix A for the Mt. View Sanitary District - REDLINE.pdf approved C.30 . APPROVE amendments to the List of Designated Positions of the Office of the Sheriff's Conflict of Interest Code, as recommended by County Counsel. 24-2346 Attachments:Exhibit A - Office of the Sheriff COI Code - List of Designated Positions.pdf Exhibit B - Office of the Sheriff COI Code - List of Designated Positions - REDLINED.pdf approved Employment & Human Services C.31 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a non-financial interagency agreement with the Foster Youth Services Coordinating Program, Executive Advisory Council stakeholders which documents how county partners work together to support the educational needs and achievement of foster youth in Contra Costa County for the period July 1, 2024 through June 30, 2029. (No fiscal impact) 24-2392 approved C.32 . APPROVE Budget Amendment No. BDA-24-00257 authorizing an adjustment to the Employment and Human Services (EHSD), Community Services Bureau (0589) expenditure and revenue budget as part of the EHSD’s FY 2023/24 Budget Rebalance (Mid-Year Adjustment). 24-2393 Attachments:BDA-24-00257-1.pdf approved C.33 . APPROVE Budget Amendment No. BDA-24-00258 authorizing an adjustment to the Employment and Human Services Department (EHSD), Workforce Development Board (0583) and Domestic Violence 24-2394 Page 10 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 Victim Assistance (Alliance) (0585) expenditure and revenue budgets as part of the EHSD’s FY 2023/24 Budget Rebalance (Mid-Year Adjustment). Attachments:BDA-24-00258.pdf approved C.34 . APPROVE clarification of Board action of June 25, 2024, C.85, to reflect that the Memorandum of Understanding with the California Department of Aging relates to coordination of Older Americans Act and Older Californians Act services to eligible persons, with no change to payment limit of $6,938,582 or term July 1, 2024 through June 30, 2029. (71% Federal, 29% State) 24-2395 approved C.35 . ACCEPT the Implementation Plan for Measure X Funded Youth Centers as submitted by the Employment and Human Services Department. 24-2396 Attachments:MX Youth Centers_Implementation Plan_7.24.24 approved Health Services C.36 . ADOPT Resolution No. 2024-282 confirming the Final Report for CSA EM-1 (Emergency Medical Services) and setting assessments to be collected with the Fiscal Year 2024-25 property taxes, as recommended by the Health Services Director. (100% County Service Area-Emergency Medical Services Fund) RES 2024-282 Attachments:Final Report FY 24-25 adopted C.37 . ADOPT report prepared by the Health Services Department as the Board of Supervisors' response to Contra Costa Civil Grand Jury Report No. 2404, entitled “County Petroleum Refineries and Hazardous Material Releases – Improving the Hazmat Response”, and DIRECT the Clerk of the Board to transmit the Board’s response to the Superior Court no later than September 9, 2024. 24-2397 Attachments:Response to Grand Jury Report 2404 Grand Jury Report No. 2404 - County Petroleum Refineries and Hazardous Material Releases-Improving the Hazmat Response .pdf approved C.38 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an contract amendment with Hyland Software, Inc ., to increase the payment limit by $553,579 to an amount not to exceed $745,901 and to extend the term through July 31, 2027 for additional document management software and services for Contra Costa Health . (100% Hospital Enterprise Fund I) 24-2398 Page 11 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 approved C.39 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Kadiant LLC, to increase the payment limit by $700,000 to an amount not to exceed $760,000 for additional applied behavior analysis services with no change in the term ending September 30, 2025. (100% Contra Costa Health Plan Enterprise Fund II) 24-2399 approved C.40 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Shahbaz R . Khan, M.D., to increase the payment limit by $60,000 to an amount not to exceed $204,144 for additional outpatient psychiatric services and expert court testimony with no change in the term ending August 31, 2024. (100% Mental Health Realignment) 24-2400 approved C.41 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Youth Service Bureau, in an amount not to exceed $5,388,308 to provide Medi-Cal specialty mental health services to children and their families in West Contra Costa County for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) 24-2401 approved C.42 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Loomis Armored US, LLC, to increase the payment limit by $100,000 to an amount not to exceed $210,000 for additional armored car transportation services for the Health Services Department with no change in the term ending July 1, 2026. (100% Hospital Enterprise Fund I) 24-2402 approved C.43 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with East Bay Audiologists, a Professional Corporation, to increase the payment limit by $750,000 to an amount not to exceed $2,955,000 for additional audiology evaluation services at Contra Costa Regional Center with no change in the term ending August 31, 2026. (100% Hospital Enterprise Fund I) 24-2403 approved C.44 . APPROVE and AUTHORIZE the Health Services Director, or designee, to accept a grant award from the Department of Health Care Services, Children Medical Services, to pay the County an amount not to exceed $1,279,105 for the Child Health and Disability Prevention, Health Care Program for children in foster care including psychotropic medication 24-2404 Page 12 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 management and monitoring oversight activities for the period July 1, 2024 through June 30, 2025. (100% State, no County match) approved C.45 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with California Spine Center, A Professional Medical Corporation, in an amount not to exceed $360,000 to provide pain management services for Contra Costa Health Plan members and County recipients for the period August 1, 2024 through July 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) 24-2405 approved C.46 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Craneware, Inc ., to increase the payment limit by $420,000 to an amount not to exceed $696,435 and to extend the term through August 14, 2029 for additional software licensing, maintenance and support services. (100% Hospital Enterprise Fund I) 24-2406 approved C.47 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with La Clinica De La Raza, Inc., in an amount not to exceed $800,000 to provide Medi-Cal specialty mental health services to minority children and their families in East Contra Costa County for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) 24-2407 approved C.48 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Aspiranet, in an amount not to exceed $700,495 to provide Medi-Cal specialty mental health services including therapeutic behavioral services for children and young adults in East and West Contra Costa County for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) 24-2408 approved C.49 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Mountain Valley Child and Family Services, Inc., in an amount not to exceed $3,329,450 to provide Medi-Cal specialty mental health services including early and periodic screening, diagnostic, and treatment and therapeutic behavioral services for minority children and their families for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) 24-2409 approved C.50 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with YWCA of Contra Costa/Sacramento, in an amount not to exceed $2,794,151 to provide Medi-Cal specialty mental 24-2410 Page 13 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 health services for children and young adults who have been adopted, are currently being adopted or are in the foster care system in East and West Contra Costa County for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) approved C.51 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Department, a purchase order amendment with Clear Labs, Inc., to extend the term through July 31, 2026 to continue purchasing testing reagents and kits for SARS-CoV-2 and other pandemic virus whole genome sequencing, with no change in the payment limit. (100% Federal Grant) 24-2411 approved C.52 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Department, a purchase order with Cardinal Health Pharmacy Services, LLC in an amount not to exceed $37,000,000 to procure pharmaceuticals and related supplies for Contra Costa Regional Medical Center, Contra Costa Health Centers, Martinez Detention Facility and Contra Costa Health Plan for the period from September 1, 2024 through August 31, 2025. (100% Hospital Enterprise Fund I) 24-2412 approved C.53 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Qiagen, LLC in an amount of $800,000, and Master Purchasing Agreement, for the purchase of medical supplies including QuantiFERON -Tuberculosis and AmniSure products for the clinical laboratory at the Contra Costa Regional Medical Center, for the period from June 1, 2024, through May 31, 2027. (100% Hospital Enterprise Fund I) 24-2413 approved C.54 . 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 July 15, 2024 meeting, and by the Health Services Director; and APPROVE the Physician Assistant Practice Agreement form authorizing physician assistants to perform medical services at Contra Costa Regional Medical Center. (No fiscal impact) 24-2414 approved C.55 . APPROVE Budget Amendment No. BDA-24-00273 authorizing the transfer of appropriations in the amount of $192,676 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 5 vehicles for client 24-2425 Page 14 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 transportation and support in the County Adult Mental Health Full Service Partnership Program. (100% Mental Health Services Act) approved C.56 . APPROVE Budget Amendment No. BDA-24-00274 authorizing the transfer of appropriations in the amount of $192,676 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 5 vehicles for client transportation and support in the Housing Support Services Department . (100% Mental Health Services Act) 24-2426 approved C.57 . APPROVE Budget Amendment No. BDA-24-00276 authorizing the transfer of appropriations in the amount of $155,759 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 4 vehicles for client transportation and support in the Assisted Outpatient Treatment Program. (100% Mental Health Services Act) 24-2427 approved C.58 . APPROVE Budget Amendment No. BDA-24-00277 authorizing the transfer of appropriations in the amount of $110,752 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 3 vehicles for client transportation and support in the Enhanced Care Management Department. (100% Enhanced Care Management) 24-2428 approved C.59 . APPROVE Budget Amendment No. BDA-24-00278 authorizing the transfer of appropriations in the amount of $90,015 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 2 vehicles for client transportation and support the Adult Behavioral Health Transition Team Program . (100% Mental Health Realignment) 24-2429 approved C.60 . RECEIVE a presentation from Health Services Director and CEO, Anna Roth, and additional department staff, to provide an overview of Contra Costa Health workforce development initiatives that engage and employ people with lived experience. (Anna Roth, Health Services Director) 24-2415 Attachments:CCH Workforce Development Presentation approved Housing Authority C.61 . Acting as the governing body for the Housing Authority of the County of Contra Costa, AUTHORIZE the Executive Director, or designee, to 24-2315 Page 15 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 consent to an actual conflict of interest arising from Goldfarb & Lipman LLP’s proposed joint representation of the Housing Authority and another party in connection with the conversion of the Las Deltas Public Housing Scattered Sites Project into affordable homeownership units . (No fiscal impact) Attachments:Conflict and Joint Rep Letter CHDC and Housing Authority of Contra Costa County (Las Deltas Public Housing Scattered Sites Project) (3790080.5).pdf approved Human Resources C.62 . APPROVE and AUTHORIZE the Director of Human Resources, or designee, to execute a contract amendment with GovernmentJobs .com, Inc., (dba NeoGov), to increase the contract payment limit by $100,000 to $955,000 for providing a vendor-hosted internet-based applicant tracking software system, and to extend the term through June 30, 2025. (100% General Fund) 24-2389 approved Information and Technology C.63 . APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a purchase order to Computacenter, in an amount not to exceed $315,000 for the purchase of Cisco UCS server equipment. (100% General Fund) 24-2390 approved C.64 . APPROVE Budget Amendment No’s. BDA-24-00264 through BDA-24-00272, authorizing adjustments to the Department of Information Technology (0147) and Telecommunications (0060) expenditure and revenue budgets as part of FY 2023/24 budget rebalance of $14,194,131. 24-2391 Attachments:BDA-24-00264 Org 1055 BDA-24-00265 Org 1060 BDA-24-00266 Org 1063 BDA-24-00267 Org 1065 BDA-24-00268 Org 1070 BDA-24-00269 Org 1075 BDA-24-00270 Org 4280 BDA-24-00271 Org 4290 BDA-24-00272 Org 4295 approved C.Library C.65 . APPROVE and AUTHORIZE the County Librarian, or designee, to close the Clayton Library on August 10 and August 13th in order to 24-2347 Page 16 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 replace the HVAC (heating, ventilation and air conditioning) system and reopen to the public on August 14th. (No fiscal impact) approved C.66 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with General Datatech, L.P., in an amount not to exceed $294,098 for the renewal of Palo Alto Networks firewall equipment and support subscriptions, for the period July 23, 2024, through July 23, 2028. (100% Library Fund) 24-2348 approved C.67 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with EBSCO Information Services, LLC, in an amount not to exceed $109,515 for the renewal of Environment Complete, ConsumerReports.org, MasterFILE Reference dBook Subscription, MasterFILE Complete and EBSCO Discovery Service research and reference materials, for the period August 1, 2024 through July 31, 2025. (100% Library Fund) 24-2349 approved Probation/Reentry and Justice C.68 . APPROVE AND AUTHORIZE the County Probation Officer, or designee, to apply for, accept, and execute an agreement for grant funding from the California Office of Traffic Safety in an amount not to exceed $464,900 for intensive probation supervision of high-risk Driving Under the Influence (DUI) offenders with multiple DUI convictions for the period October 1, 2024 through September 30, 2025. (100% State, no County match) 24-2350 approved C.69 . APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with Diablo Paper Shredding, Inc ., in am amount not to exceed $40,000 for shredding services for the period of September 1, 2024 to August 31, 2026. (100% General Fund) 24-2351 approved C.70 . APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the Contra Costa County Office of Education, in an amount not to exceed $434,570 to provide student educational programs for youth enrolled in the Briones Youth Academy for the period July 1, 2024 through June 30, 2025. (100% State) 24-2352 approved Public Works C.71 . ADOPT Resolution No. 2024-279 approve and authorize the Public Works Director, or designee, to fully close a portion of Highland RES 2024-279 Page 17 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 Boulevard between Lam Court and Cowper Avenue, on August 26, 2024, from 7:00 a.m. through 5:00 p.m., for the purpose of replacement of a utility pole transformer, Kensington area. (No fiscal impact) adopted C.72 . ADOPT Resolution No. 2024-280 approving and authorizing the Public Works Director, or designee, to fully close a portion of Amherst Avenue between Oberlin Avenue and Princeton Avenue, on August 23, 2024 and August 24, 2024 from 7:00 a.m. through 5:00 p.m., for the purpose of replacement of a utility pole and utility pole transformer, Kensington area. (No fiscal impact) RES 2024-280 adopted C.73 . ADOPT Resolution No. 2024-281 accepting completion of improvements for development plan permit DP18-03031 (cross-reference minor subdivision MS18-00010) for a project developed by Del Hombre Walnut Creek Holdings, LLC, as recommended by the Public Works Director, Walnut Creek area. (100% Developer Fees) RES 2024-281 Attachments:DP18-03031 Recordable Resolution Signed Resolution No. 2024-281.pdf adopted C.74 . ACCEPT the 2024 Semi-Annual Report of Real Estate Acquisition Acceptances dated January 1, 2024, through June 30, 2024, approved by the Public Works Director as submitted, Countywide. (100% Various Road and Flood Control Funds) 24-2353 approved C.75 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with KCM Engineering, Inc. (dba Knight CM Group), effective June 4, 2024, to increase the payment limit by $722,000 to a new payment limit of $2,276,737, and extend the term through December 31, 2025, for construction management services for the Marsh Creek Road Bridges Replacement Project, Clayton and Brentwood areas. (79% Highway Bridge Program Grant Funds, 20% Local Road Funds, and 1% East County Area of Benefit Funds) 24-2354 approved C.76 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Joint Exercise of Powers Agreement between Contra Costa County and the City of Walnut Creek for the design and construction of the San Miguel Drive Pedestrian Path Project, Walnut Creek area. (8% Transportation Development Act Funds, 55% City of Walnut Creek Funds, and 37% Central County Area of Benefit Funds) 24-2356 Attachments:JEPA-Joint Exercise of Powers of Agreement approved Page 18 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 C.77 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with The Watershed Project, effective August 6, 2024, to increase the payment limit by $230,000 to a new payment limit of $752,500 and extend the term through October 31, 2025, for on-call technical assistance and support under the current National Pollutant Discharge Elimination System permit requirements, Countywide. (100% Stormwater Utility Area Assessment Funds) 24-2357 approved C.78 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a reimbursement agreement with East Bay Regional Park District to reimburse them for pumping activities benefitting the Knightsen area in an amount not to exceed $86,790 for the 2022-2023 winter and an amount not to exceed $25,000 each year thereafter, using remaining Knightsen Town Community Services District funds, Knightsen area. (100% Knightsen Town Community Services District Funds) 24-2358 Attachments:CCC-EBRPD Knightsen Reimbursement Agreement approved C.79 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Massone Mechanical, Inc ., to increase the payment limit by $1,000,000 to a new payment limit of $2,300,000 and extend the term through May 31, 2026, for on-call refrigeration maintenance and repair services at various County sites and facilities, Countywide. (100% General Fund) 24-2359 approved C.80 . AWARD and AUTHORIZE the Public Works Director, or designee, to execute three on-call contracts with Hennessey’s Construction and Fence, Alta Fence Co., and Crusader Fence Company LLC in the amount of $400,000, for the 2024 On-Call Fencing Services Contract(s) for Various Road, Flood Control, and Facilities Maintenance Work, Countywide. (100% Various Road, Flood Control District, and General Funds) 24-2360 approved Risk Management C.81 . RECEIVE this report concerning the final settlement of Minh Vu and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $122,540, as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) 24-2361 approved Page 19 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 C.82 . DENY claims filed by A.J.J., a minor; Debbie Sith-Calica; Jeffrey Calica; Jose H. Chavez Jr.; Alberto Galvan; Jerry Garcia; Polly Hancock; Marvin Harris; Alexander Hill; Eduard Kachan; Rodric P . Stanley Jr. (2); and Claude Zamanian. DENY amended claim filed by Claude and Alison Zamanian. 24-2362 approved Sheriff C.83 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Life Technologies Corporation in an amount not to exceed $63,665 to provide maintenance, extended warranty and repairs on forensic equipment for the period June 1, 2024 through June 30, 2025. (100% General Fund) 24-2363 approved C.84 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Mesa Laboratories, Inc. in an amount not to exceed $12,230 to provide usage, maintenance, data hosting and storage of forensic services temperature monitoring systems, for the period July 5, 2024 through July 4, 2027. (100% General Fund) 24-2364 approved C.85 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Biotage LLC in an amount not to exceed $13,098, to provide preventative maintenance, extended warranty, and repairs for the Forensic Services Division’s automated liquid handling system, for the period December 5, 2023 through December 4, 2026. (100% General Fund) 24-2365 approved C.86 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Intoximeters, Inc . in an amount not to exceed $50,000 to provide service and repairs for breath alcohol instruments, for the period August 1, 2024 through July 30, 2027. (100% General Fund) 24-2366 approved C.87 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Forensic Technology, Inc . in an amount not to exceed $65,330 to provide preventive maintenance and ongoing servicing of forensic equipment used for processing firearm related evidence for the period October 15, 2024 through October 14, 2026. (100% General Fund) 24-2367 approved C.88 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with LeadsOnline LLC in an amount not to exceed 24-2368 Page 20 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 $12,210 to provide annual support and maintenance for call and geolocation analysis software, for the period May 1, 2024 through April 30, 2025. (100% General Fund) approved C.89 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Leica Geosystems in the amount of $8,000 to provide preventive maintenance, extended warranty, and repairs for forensic 3D laser scanners, for the period June 6, 2024 through June 5, 2025. (100% General Fund) 24-2369 approved Treasurer - Tax Collector C.90 . APPROVE and AUTHORIZE the Treasurer-Tax Collector (TTC) or designee to execute a contract amendment with Grant Street Group, Inc . to extend the term from September 16, 2023 to September 16, 2027, for processing of property tax payments by credit/debit card and electronic check payments and no increase to the payment limit. (No Fiscal Impact) 24-2370 Attachments:Memo to CAO_Grant Street Contract L-9. Grant Street - 09 Amendment and Extension Agreement_revised L-2. Approvals acknowledgment Amendment Specifications - GS approved C.91 . APPROVE and AUTHORIZE the County Treasurer-Tax Collector, or designee, to execute a contract with First Corporate Solutions . Inc. in an amount not to exceed $50,000 to provide property title searches for the bi-annual tax sale public auctions for period of November 1, 2023 through October 31, 2026. (100% General Fund) 24-2371 Attachments:Contract Memo to CAO_First Corp Solutions 7.24.24 L-1 Long Form - Purchase of Services- first corporate solutions - revised 7-15-24 L-2 Approvals and Acknowledgement Form - First corporate solutions L-3 Service Plan Form - first corporate solutions-revised2_ 7-15-24 L-4 Special Conditions - first corporate solutions-revised 7-15-24.doc L-5 - General Conditions P-1 Fee Payment Provisions_First Corporate Solutions - revised 7-15-24 approved C.92 . AUTHORIZE the discharge from accountability for the collection of taxes, penalty, interest, or any other charge pertaining thereto, owing on various delinquent Secured and Unsecured tax bills totaling $3,585,756, as recommended by the Treasurer-Tax Collector. 24-2372 Page 21 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 Attachments:Accounts - Individuals Deceased Accounts - Companies Defunct Accounts - Redemption Accounts - Over 30-years approved Page 22 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 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 Page 23 of 24 BOARD OF SUPERVISORS Meeting Minutes August 6, 2024 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. BOARD OF SUPERVISORS STANDING COMMITTEES For more information please visit the Board of Supervisors Standing Committees page here : https://www.contracosta.ca.gov/8633/Board-of-Supervisors-Standing-Committees Airport Committee: September 19, 2024 at 10 a.m. Equity Committee: August 19, 2024 at 10:30 a.m. Family and Human Services Committee: August 26, 2024 Canceled/Next meeting September 23, 2024 at 10:30 a.m. Finance Committee: September 2, 2024 Canceled/October 7, 2024 at 9:30 a.m. Head Start Advisory Committee: September 16, 2024 at 9:00 a.m. Internal Operations Committee: August 12, 2024 Canceled; Next meeting September 9, 2024 at 11:00 a.m. Legislation Committee: August 26, 2024 Canceled/Special Meeting August 12, 2024 at 3:00 p.m. Los Medanos Healthcare Operations Committee: August 12, 2024 at 1:00 p.m. Public Protection Committee: September 2, 2024 Canceled/Next meeting October 7, 2024 at 1:00 p.m. Sustainability Committee: September 16, 2024 at 1:00 p.m. Transportation, Water and Infrastructure Committee : August 12, 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 24 of 24 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 276 Name: Status:Type:Discussion and Resolution Passed File created:In control:6/20/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:HEARING to consider the proposed formation of Zone 1519 within County Service Area P-6 (Police Services) and adoption of Resolution No. 2024-276, for Subdivision No. 9581 in the unincorporated Walnut Creek area of the County for County File #CDSD21-09581. (Diana Lecca, Department of Conservation and Development) Attachments:1. Exhibit A - Legal Description, 2. Exhibit B - Plat, 3. Resolution 2024-237 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To: Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:HEARING TO CONSIDER THE PROPOSED FORMATION OF ZONE 1519 IN THE COUNTY SERVICE AREA OF P-6 IN THE UNINCORPORATED WALNUT CREEK AREA OF THE COUNTY (DISTRICT IV). ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1. OPEN the hearing on the proposed formation of Zone 1519 within County Service Area P-6; CONSIDER all oral and written comments; and CLOSE the hearing. 2. DETERMINE whether a majority protest of the voters residing within the boundaries of proposed Zone 1519 exists pursuant to Government Code Section 25217.1(b)(1). In the event that the Board determines a majority protest exists, TERMINATE the proceedings. 3. If the Board determines a majority protest does not exist, ADOPT the Resolution, attached hereto, establishing Zone 1519 of County Service Area P-6 subject to voter approval of a special tax to fund police protection services within the zone. FISCAL IMPACT: The cost of establishing the Police Service District and the election is paid for by the developer of the subdivision. BACKGROUND: Per the conditions of approval for Subdivision No. #9581 (County File #CDSD21-09581), prior to recording CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 4 powered by Legistar™ File #:RES 2024-276,Version:1 the final map for the 10-lot subdivision, the subdivider is required to establish a special police services tax district for the subdivision in order to provide additional funding to augment police services in the area of the subdivision. The property to be placed within the special tax district consists of a 2.88-acre site located at 3180 Walnut Boulevard, in the unincorporated Walnut Creek area of the County. On July 9, 2024, the Board granted conceptual approval for an October 8, 2024, ballot measure seeking approval of a special tax to fund an increase in the level of police protection services that is provided in the unincorporated Walnut Creek area of the County. On July 9, 2024, the Board approved Resolution No. 2024-237, as required by Government Code Section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6. The proposed zone would serve as the vehicle to collect special taxes within the proposed zone if a special tax measure is approved by voters on October 8, 2024. Pursuant to Government Code Section 25217.1, subdivision (a), at the public hearing, the Board is required to hear and consider any protests to the formation of the zone. Pursuant to Government Code Section 25217.1, subdivision (b)(1), in the case of inhabited territory, if at the conclusion of the public hearing, the Board determines that more than 50 percent of the total number of voters residing within the proposed zone have filed written objections to the formation, then the Board shall determine that a majority protest exists and terminate the proceedings. If there is no majority protest, the Board may continue the proceedings to form the zone by adopting Resolution, which would establish Zone 1519 subject to voter approval of the special tax. A separate hearing is also scheduled for August 6, 2024, to consider the adoption of an ordinance authorizing the levy of the tax. CONSEQUENCE OF NEGATIVE ACTION: Zone 1519 would not be formed and the subdivider would be unable to comply with the conditions of approval of the project. The subdivider would be unable to record the final map for the subdivision. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 4 powered by Legistar™ File #:RES 2024-276,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF CREATING ZONE 1519 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED WALNUT CREEK AREA OF THE COUNTY WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services. WHEREAS, establishing the subject zone is a necessary step for the Board of Supervisors to seek voter approval of a special tax for increased police protection services in the zone area. Government Code Sections 25217 and 25217.1 establish procedures for the formation of a zone within a county service area. NOW, THEREFORE, BE IT RESOLVED 1. It is in the public interest to provide an increased level of police protection services in the area of proposed Zone 1519 of County Service Area P-6. 2. A majority protest against the proposed formation of Zone 1519 does not exist, pursuant to Government Code Section 25217.1, subdivision (b). 3. Subject to voter approval of Ordinance No. 2024-13 on October 8, 2024, authorizing the levy of a special tax within proposed Zone 1519, that portion of Contra Costa County Service Area P-6 described in Exhibit A attached hereto and shown in Exhibit B attached hereto is established as Zone 1519 of County Service Area P- 6, effective upon this Board’s adoption of a resolution declaring the results of the October 8, 2024, election (“Effective Date”). 4. No affected properties located in Zone 1519 will be taxed for any existing bonded indebtedness or contractual obligations as a result of the formation of said zone. 5. On or after the Effective Date, the Clerk of this Board shall cause the filing of a statement of the creation of said zone to be made with the County Assessor and the State Board of Equalization (in Sacramento) pursuant to Government Code Sections 54900-54902. The filing shall include a map or plat indicating the boundaries of said zone. CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 4 powered by Legistar™ File #:RES 2024-276,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 4 of 4 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 277 Name: Status:Type:Discussion and Resolution Passed File created:In control:6/20/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:HEARING to consider adopting a Resolution No. 2024-277 and Ordinance No. 2024-13, authorizing the levy of a special tax for police protection services in Zone 1519 of County Service Area P-6 for Subdivision No. 9581 (County File #CDSD21-09581) in the unincorporated Walnut Creek area of the County, and fixing an election on October 8, 2024, to obtain voter approval. (Diana Lecca, Department of Conservation and Development) Attachments:1. Exhibit A - Legal Description, 2. Exhibit B - Plat, 3. Exhibit C - ORDINANCE NO. 2024-13, 4. Resolution 2024-237, 5. Signed Ordinance No. 2024-13.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To: Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL (DISTRICT IV) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1. OPEN hearing to consider adopting Ordinance No. 2024-13, authorizing the levy of a special tax for police protection services in Zone 1519 of County Service area P-6 in the unincorporated Walnut Creek area of the County; CONSIDER oral and written comments received; and CLOSE the public hearing. 2. ADOPT Ordinance No. 2024-13, attached hereto. 3. ADOPT a Resolution, attached hereto, authorizing an election in Zone 1519 of County Service Area P-6 to consider approval of Ordinance No. 2024-13. 4. DIRECT the County Clerk, Elections Division, to conduct the election required by Government Code Sections 23027 and 53978. This election shall be held on October 8, 2024. FISCAL IMPACT: The cost of establishing the Police Service District and election is paid for by the developer of the subdivision. BACKGROUND: Per the conditions of approval for Subdivision No. 9581 (County File #CDSD21-09581), prior to recording the CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 4 powered by Legistar™ D.2 File #:RES 2024-277,Version:1 final map for the 10-lot subdivision, the subdivider is required to establish a special Police Services tax district for the purposes of providing additional funding to augment police services in the area. The property to be subdivided and placed within the proposed special tax district consists of a 2.88-acre site located at 3180 Walnut Boulevard, in the unincorporated Walnut Creek area of the County. On July 9, 2024, the Board approved Resolution No. 2024-237, as required by Government Code Section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6 in the Unincorporated Walnut Creek area of the County. The proposed zone would serve as the vehicle to collect special taxes within the boundaries of the zone if a special tax measure is approved by registered voters within the zone area at the October 8, 2024, election. The Board is scheduled to conduct a separate hearing on August 6, 2024, on the formation of the proposed zone. If the Board determines there is no majority protest to the formation of this new zone, and if the Board adopts the Resolution, establishing CSA P-6, Zone 1519 subject to voter approval of the special tax, the next step in the process is the hearing on the adoption of a special tax ordinance, the adoption of that ordinance and adoption of a resolution submitting the tax measure to the voters. In this action, the Board is asked to conduct the hearing on, and adopt, the special tax ordinance (Ordinance No. 2024-13), which would authorize the levy of a special tax for police protection services on all taxable parcels in the area of Zone 1519 if a special tax ballot measure is approved by a two-thirds majority of the registered voters in the zone area. This Resolution, the adoption of which is also recommended, sets forth appropriate ballot language, directs the County Clerk, Elections Division, to conduct the aforementioned election as part of the October 8, 2024, election, and supplies appropriate ballot language. CONSEQUENCE OF NEGATIVE ACTION: The project developer would be unable to comply with the conditions of approval for the project. The developer would be unable to record the final map for the subdivision. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 4 powered by Legistar™ File #:RES 2024-277,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF AUTHORIZING A SPECIAL TAX IN PROPOSED ZONE 1519 OF COUNTY SERVICE AREA P-6 WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, BE IT RESOLVED 1. Ordinance No. 2024-13, adopted on this date, is to be presented for approval of the voters of proposed Zone 1519 of County Service Area P-6 at the election to be held on October 8, 2024, according to the following ballot proposition: “Shall Ordinance No. 2024-13, to provide additional funding for police protection services, be approved to authorize a special tax on property located in Zone 1519 of County Service Area P-6 in the unincorporated Walnut Creek area of the County, at an initial annual amount of $200 per parcel for single-family, residential parcels, with higher and lower amounts for properties in other use categories identified in the ordinance, commencing with the tax year beginning July 1, 2025?" 2. The Contra Costa County Registrar of Voters is designated as the Election Official for this election, and the County Clerk, Elections Division, is hereby authorized and directed to provide all notices and take all other actions necessary to hold the election described in this resolution including, but not limited to, providing notices of times within which arguments for and against are to be submitted. 3. The County Administrator, or his designee, shall serve as the Eligible Filer for purposes of filing necessary documents with the Elections Official to facilitate listing of the above ballot proposition. CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 4 powered by Legistar™ File #:RES 2024-277,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 4 of 4 powered by Legistar™ Ordinance No. 2024-13 1 ORDINANCE NO. 2024-13 (Uncodified) (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1519 of County Service Area P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I. PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa County that are within Zone 1519 of Contra Costa County Service Area No. P-6 in order to augment funding for police protection services. This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article IV of this Ordinance), as authorized by law. The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTICLE II. DEFINITIONS. The following definitions shall apply throughout the Ordinance: 1. “Parcel” means the land and any improvements thereon, designated by an assessor’s parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of the Ordinance, “parcel” does not include any land or improvements outside the boundaries of Zone 1519 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. “Fiscal year” means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 1519 (hereinafter called “Zone”) means that portion of unincorporated area of Contra Costa County located within the Zone’s boundaries described and shown in Exhibits A and B attached hereto. 4. “Use Code” means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy Ordinance No. 2024-13 2 of the Assessor’s use code classifications chart is attached hereto as Exhibit C and incorporated herein. 5. “Consumer Price Index” means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued of revised. 6. “Constant first year dollars” shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III. AMOUNT AND LEVEL OF TAXES 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 2025 through June 30, 2026) shall be the Amount of Tax per Parcel for the Property Use Code Category as set forth in Exhibit D incorporated herein. B. For Subsequent Fiscal Years: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall by adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For Then Current = For Previous X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index For the first Fiscal Year Of Levy) Ordinance No. 2024-13 3 In no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each Zone shall be maintained by the Sheriff-Coroner of the County of Contra Costa at Martinez, California, and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. 2. Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with the Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collection for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowner and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount value. 3. Costs of Administration by the County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes. ARTICLE V. ACCOUNTABILITY MEASURES. 1. Account. Upon the levy and collection of the tax authorized by this ordinance, an account shall be created into which the proceeds of the tax will be deposited. The proceeds of the tax authorized by this Ordinance shall be applied only to the specific purposes identified in this Ordinance. Ordinance No. 2024-13 4 2. Annual Report. An annual report that complies with the requirements of Government Code section 50075.3 shall be filed with the Board of Supervisors of Contra Costa County no later than January 1 of each fiscal year in which the tax is levied. ARTICLE V. SEVERABILITY CLAUSE If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of the Ordinance, including each article, section, subsection, sentence phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within Zone 1519 in an election to be held on October 8, 2024, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2025. Within 15 days of passage, this Ordinance shall be published once, with the names of the Supervisors voting for and against it, in the Contra Costa Times, a newspaper of general circulation published in this County. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on August 6, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, Clerk of the Board of Supervisors and County Administrator By: __________________________ _____________________________________ Deputy Chair of the Board of Supervisors [SEAL] ORDINANCE NO. 2024-13 ZONE 1519 FOR FISCAL YEAR JULY 1, 2025, THROUGH JUNE 30, 2026 EXHIBIT D PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence – 1 residence, 1 site $200 12 Single Family Residence- 1 residence, 2 or more sites $200 13 Single Family Residence- 2 residences on 1 or more sites $200 14 Single Family Residence – other than single family land $200 15 Misc. Improvements – 1 site $200 16 Misc. Improvements – 2 or more sites $200 17 Vacant – 1 site $100 18 Vacant – 2 or more sites $100 19 Single Family Residence - Det. w/common area $200 20 Vacant – Multiple $100 21 Duplex $200 22 Triplex $200 23 Fourplex $200 24 Combination $200 25 Apartments (5-12 units) $400 26 Apartments (13-24 units) $400 27 Apartments (25-59 units) $600 28 Apartments (60+ units) $800 29 Attached PUDs: Cluster Homes, Condos, Etc. $200 30 Vacant – Commercial $100 31 Commercial Stores – Not Supermarkets $600 32 Small Grocery Stores (7-11, etc.) $600 33 Office Buildings $400 34 Medical, Dental $400 35 Service Stations, Car Wash $400 36 Garages $400 37 Community Facilities (recreational, etc.) $800 38 Golf Courses $400 39 Bowling Alleys $400 40 Boat Harbors $400 41 Supermarkets (not shopping centers) $600 42 Shopping Centers $800 43 Financial Buildings (Ins., Title, Banks, S&L) $400 44 Motels, Hotels & Mobile Home Parks $600 45 Theaters $600 46 Drive-In Theaters $400 47 Restaurants (not drive-in) $400 48 Multiple & Commercial $400 49 New Car Agencies $400 50 Vacant Land (not part of Ind. Park or P. & D.) $100 51 Industrial Park $800 52 Research & Development $400 53 Light Industrial $400 54 Heavy Industrial $400 55 Mini Warehouses (public storage) $600 56 Misc. Improvements $400 61 Rural, Res. Improvement 1A-10A $200 62 Rural, W/or w/o Structure 1A-10A $200 70 Convalescent Hospitals/Rest Homes $400 73 Hospitals $400 74 Cemeteries/Mortuaries $400 75 Fraternal & Service Organizations $400 76 Retirement Housing Complex $600 78 Parks & Playgrounds $800 85 Public & Private Parking $400 87 Common Area $400 88 Mobile Homes $200 89 Other (split parcels in different tax code areas) $200 99 Awaiting Assignment $200 CONTRA COSTA COUNTY Legislation Text 1025 ESCOBAR STREET MARTINEZ, CA 94553 To: Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:RESOLUTION OF INTENTION TO FORM ZONE 1519 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED WALNUT CREEK AREA OF THE COUNTY. (DISTRICT IV) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.ADOPT the associated Resolution, initiating proceedings for the formation of a new zone, Zone 1519, within County Service Area P-6, in the unincorporated Walnut Creek area of the County. 2. FIX a public hearing for August 6, 2024, at 9:00 a.m., on the formation of Zone 1519 within County Service Area P-6. 3. FIX a public hearing for August 6, 2024, at 9:00 a.m., to consider the adoption of Ordinance 2024- 13, which would authorize the levy of a special tax to augment funding for police protection services in proposed Zone 1519, and to authorize submission of the ordinance to the voters for approval at the October 8, 2024, election. FISCAL IMPACT: The cost of establishing the proposed Police Services Special Tax District is paid for by the developer of the subdivision. BACKGROUND: Per the conditions of approval for County File #CDSD21-09581(Tract #9581), the developer of the property located at 3180 Walnut Boulevard in the unincorporated Walnut Creek area is required to establish a Special Police Services Tax District for the 10-lot subdivision prior to recording the final map for the subdivision. The proposed special tax district would fund an increase in the level of police protection services that is provided in the unincorporated Walnut Creek area. Adoption of a resolution of intent to form a new tax district is required by Government Code Section 25217, subdivision (b), as the first step in forming the proposed zone, which will serve as the vehicle to collect special taxes within the proposed zone if the tax measure is approved by the voters on the October 8, 2024, ballot. The resolution includes information regarding the name and boundaries of the zone, the different level of services to be provided, and the method by which the increased level of service is to be funded. The resolution also directs the Clerk of the Board to publish and mail notice File #:RES 2024-237,Version:1 CONTRA COSTA COUNTY Printed on 7/12/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-237,Version:1 of a public hearing regarding the proposed zone formation. It is recommended that the Board set this hearing for 9:00 a.m. on August 6, 2024. If at the conclusion of that public hearing the Board determines that more than 50% of the total number of voters residing within the proposed zone have filed written objections to the formation, Government Code Section 25217.1, subdivision (b)(1), would require the Board to determine that a majority protest exists and to terminate the proceedings. The proposed police service district currently consists of a single 2.88-acre property owned by Calibr Ventures INC, who per the conditions of approval for the subdivision are required to establish the police service district prior to recording the final map. If there is no majority protest and the Board elects to proceed with the formation of the zone, a second public hearing would be required to consider the approval of Ordinance No. 2024-13, pertaining to the proposed levy of a special tax on the subject parcel within Zone 1519 for police protection services and submission of the measure to the voters, pursuant to Government Code Section 50077, subdivision (a). It is recommended that this hearing be set at 9:00 a.m. on August 6, 2024, immediately following the hearing on the zone formation. If the Board thereafter adopts Ordinance No. 2024-13, then the tax measure would be submitted for placement on the October 8, 2024, ballot. CONSEQUENCE OF NEGATIVE ACTION: If not approved, Ordinance No. 2024-13 will not be adopted, formation of Special Tax Zone 1519 will not occur, and the Special Tax District will not be established at the August 6, 2024, hearing. CONTRA COSTA COUNTY Printed on 7/12/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-237,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF RESOLUTION OF INTENTION TO FORM ZONE 1519 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED WALNUT CREEK AREA WHEREAS, the Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the unincorporated Walnut Creek area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference. 3. The formation of Zone 1519 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 1519" of CSA P-6. NOW, THEREFORE, BE IT RESOLVED THAT at 9:00 a.m. on August 6, 2024, in the Chamber of the Board of Supervisors, County Administration Building, 1025 Escobar Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 1519 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant to Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. CONTRA COSTA COUNTY Printed on 7/12/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2326 Name: Status:Type:Discussion Item Passed File created:In control:7/11/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:HEARING to consider an appeal of the County Planning Commission's approval of a Kensington design review application for a two-story, 993 square foot, residential addition at 40 Anson Way in the unincorporated Kensington area and to consider approving the project, including approving a Kensington design review development plan, and related actions (Cari Rosner Jelen- Applicant, Elena Saxonhouse- Owner) (Kris McClain – Appellant). (Adrian Veliz, Department of Conservation and Development) Attachments:1. 01 CDDP23-03024 BOS Findings and COAs_080624, 2. 02 - BOS Appeal Letter CDDP23-03024, 3. 03 Owners Letter re 40 Anson Appeal w attachments, 4. 04 CDDP23-03024 CPC Staff Report_w exhibits, 5. 05 CDDP23-03024 ZA Staff Report final, 6. CDDP23-03024 BOS Presentation_rev07.31.24 Action ByDate Action ResultVer.Tally approved with conditionsBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:40 Anson Way Residential Addition Project Appeal (County File #CDDP23-03024) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1. OPEN the public hearing on an appeal of the County Planning Commission’s decision to approve a two- story, 993-square-foot residential addition at 40 Anson Way in the unincorporated Kensington area; RECEIVE testimony and CLOSE the public hearing. 2. DENY the appeal of Kris McClain. 3. DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301(e)(2). 4. APPROVE a Kensington Design Review Development Plan for the project (County File No. CDDP23- 03024). 5. APPROVE the findings in support of the project. 6. APPROVE the project conditions of approval. 7. APPROVE the 40 Anson Way Residential Addition Project. 7. DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk. FISCAL IMPACT: The applicant has paid the necessary application deposit and is obligated to pay supplemental fees to cover all CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 13 powered by Legistar™ D.3 File #:24-2326,Version:1 The applicant has paid the necessary application deposit and is obligated to pay supplemental fees to cover all additional costs associated with the application process. BACKGROUND: This hearing is an appeal of the County Planning Commission’s March 27,2024 decision to approve a Kensington Design Review Development Plan (County File No.CDDP23-03024)for a 993-square-foot,two- story addition to the northern side of an existing single-family residence at 40 Anson Way, Kensington. On May 11,2023,the applicant submitted a Kensington Design Review application (County File No.CDKR23 -00010)for a two-story residential addition to an existing single-family residence to the Department of Conservation and Development,Community Development Division (CDD).Following circulation of a Notice of Intent to Render an Administrative Decision,a letter requesting a public hearing was received on June 7, 2023 from the neighboring property owner at 36 Anson Way.Subsequently,the applicant submitted the CDDP23-03024 Development Plan application. Kensington Design Review Development Plan CDDP23-03024 was initially heard by the County Zoning Administrator (ZA)on February 5,2024,during which the ZA accepted testimony from five persons,including the applicant,the property owner,the neighboring property owner,an attorney for the neighboring property owner,and an architect for the neighboring property owner.After receiving testimony and considering the project analysis provided by CDD staff,the ZA approved the Development Plan.Ms.Kris McClain,a neighboring property owner, appealed the ZA’s decision on February 14, 2024. On March 27,2024,the County Planning Commission (CPC)heard the appeal of Kensington Design Review Development Plan CDDP23-03024,accepting testimony from five persons,including the applicant,the property owner,the neighboring property owner,an attorney for the neighboring property owner,and an architect for the neighboring property owner.After receiving testimony and considering CDD staff’s project analysis,the CPC voted (4-1)to deny the appeal and uphold the ZA’s approval of the Development Plan.Ms. McClain appealed the CPC’s decision on April 5, 2024. PROJECT DESCRIPTION The applicant requests approval of a Kensington Design Review Development Plan to allow a 993-square-foot, two-story addition behind an existing garage on the northern side of the existing single-family residence at 40 Anson Way.Currently,the northern side of the existing residence is one-story and approximately 13 feet in height.The two-story addition would expand the residential footprint and increase the northerly height of the home to 24 feet. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The 993-square-foot,two-story addition to the northern side of an existing single-family residence is categorically exempt under CEQA Guidelines Section 15301(e)(2),which provides a Class 1 exemption for additions to existing structures of no more than 10,000 square feet in an area that is not environmentally sensitive and where all public services and facilities are available for maximum development permissible in the General Plan. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 13 powered by Legistar™ File #:24-2326,Version:1 APPEAL On April 5,2024,Kris McClain,owner of the northern adjacent residence at 36 Anson Way,filed an appeal of the CPC’s decision to approve the Kensington Design Review Development Plan.The appeal letter,included as Attachment 2,reiterates concerns previously considered by the ZA and the CPC.Summaries of the appeal points in the letter and staff responses are provided below. Appeal Point 1:The Planning Commission acknowledged that the approval violates the County’s own laws which:(a)require an application for a variance for a three-story project;and (b)require reasonable protection of Ms. McClain’s views, uses, enjoyment, and property values. Staff Response 1(a):The appellant alleges that the project consists of a third story requiring variance approval based on the definition of “story”in County Ordinance Code Section 82-4.266.This was one of the appeal points considered and dismissed by the CPC based on clarification provided by CDD staff in written materials (CPC Staff Report Section VII(B))and in oral presentation.At issue is an existing basement located on the opposite side of the existing residence,which the appellant contends should be included in measuring the building height for the proposed addition.Specifically,the relevant consideration as to whether the project violates Section 84-4.802 (Building Height)of the County Ordinance Code that limits the building to a maximum of two and one-half stories in height.Pursuant to the definition of “building height”in County Ordinance Code Section 82-4.214,building height is measured vertically from grade to the top of structure directly above.Since the basement is not located in the area of the proposed addition and is not between grade and the top of the addition,it is not counted when measuring the height of the proposed addition,consisting of two stories and 24 feet in height. Following the presentation made to the CPC by CDD staff on March 27,2024,the CPC asked staff a number of questions specific to building height,which demonstrated that the commissioners understood how staff had applied building height ordinances in measuring the proposed addition.No commissioner made any statement suggesting that they disagreed with staff’s interpretation of the building height provisions of the County Ordinance Code,nor did any commissioner state that a variance should be required for the proposed project based on any provision of the County Code. Staff Response 1(b): The appellant mischaracterizes the findings made by the CPC during the March 27, 2024 meeting. (A video of the meeting is available online for public review at County Planning Commission March 27, 2024 - Mar 27th, 2024 (granicus.com) <https://contra-costa.granicus.com/MediaPlayer.php? view_id=14&clip_id=3224>.) Although all commissioners acknowledged that the project would have some impact on Ms. McClain’s existing views, the consensus view quickly emerged that this impact was not considered “substantial”, which is the standard for consideration in the Kensington Ordinance. The one dissenting commissioner specifically stated agreement that the view impact to Ms. McClain was not “substantial,” but the commissioner desired additional alternative designs be reviewed in an effort to preserve all existing views. Thus, although one commissioner believed that alternative designs should be considered, the CPC’s discussion and actions demonstrate that impacts from the proposed project were not considered substantial based on the evidence in the record. The Kensington Ordinance does not require a comparison of a project with all conceivable alternative designs, rather, it requires the evaluation of potentially substantial impacts that may arise from a specific proposed project. No commissioner stated any objection to the project based on inconsistency with any provision of the County Ordinance Code. CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 13 powered by Legistar™ File #:24-2326,Version:1 After discussion, the CPC denied the appeal and upheld the ZA’s approval by a vote of 4-1. The findings adopted by the CPC included, among others, that the project proponent has a right to improve the value and enjoyment of their own home, and that the proposed project minimizes impacts on neighboring property owners. Thus, by adopting the findings included in Attachment 1, the CPC explicitly found that the project does not violate the Kensington Ordinance and does not substantially impair the value and enjoyment of the neighbor’s property. Appeal Point 2: Ms. McClain’s view of Emeryville is a view that should merit “reasonable protection”. Staff Response:Throughout the planning process,including project review by the Kensington Municipal Advisory Council (KMAC),County Zoning Administrator,and County Planning Commission,the project’s impact on Ms.McClain’s views and the solar impact from an upstairs (second floor)dining room window has been the primary focus of discussion for consideration by the various bodies.To date the project has been considered by the KMAC,the ZA,and the CPC.Each body that has considered the proposed project has acknowledged that the project would impact a view from Ms.McClains home,and each has also found this impact to be less-than-substantial. At the KMAC meeting on October 25,2023,one KMAC member commented before making a motion to recommend project approval,that “if [the view of Emeryville]were the primary view of the house,I would be against the project.But it’s not the primary view of the house.”The multiple existing views of San Francisco Bay,including the Golden Gate Bridge and the Bay Bridge,from Ms.McClain’s home that would remain unaffected by the project were also specifically mentioned by the ZA at the February 5,2024,meeting,and by the CPC at the March 27,2024 meeting,as prominent considerations in determining the project view impacts to be less-than-substantial.Notably,there was one vote in opposition to the project during the KMAC meeting and one vote in opposition to the project at the CPC hearing.In both cases,the dissenting voters indicated that their vote was not based on a finding that the project had a substantial impact on the neighbor (which is the standard of consideration)but rather,they expressed reservations with the project based on a belief that an alternative design is feasible.As mentioned previously,the Kensington Ordinance does not require a comparison of a project with all conceivable alternative designs,rather,it requires the evaluation of potentially substantial impacts that may arise from a specific proposed project. The project would impact northerly views toward the City of Emeryville from Ms.McClain’s upstairs dining room window.The view from the impacted window is considered a secondary view,with the primary view being westerly views of San Francisco Bay,toward which Ms.McClain enjoys unobstructed views from five windows in the upstairs (second floor)living area.That the project does not impact any of the neighbor’s numerous existing primary views was the primary consideration by the KMAC,the ZA,and the CPC,each of whom found the project view impacts to be less-than-substantial.The mere existence of any view impact resulting from the project is not evidence that Ms.McClain has been deprived of the reasonable protections afforded under the Kensington Ordinance,as suggested in the April 5,2024,appeal comments.Therefore,staff finds that reasonable consideration has been given to the impacted views from Ms.McClain’s property,and that the project does not result in substantial impacts to view from the neighboring property. Appeal Point 3:The definition of “story”in the County Code prohibits approval of the current project without a variance. The term “story”is defined in Section 82-4.266 of the County Ordinance Code to mean “that portion of aCONTRA COSTA COUNTY Printed on 8/20/2024Page 4 of 13 powered by Legistar™ File #:24-2326,Version:1 The term “story”is defined in Section 82-4.266 of the County Ordinance Code to mean “that portion of a building included between the upper surface of any floor and the upper surface of the floor next above,except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.If the finished floor level directly beneath above a basement or cellar is more than six feet above grade at any point,such basement shall be considered a story.”This Code Section defines the term but does not place any limits on how many stories are allowed in any zoning district.For the R -6 Single-Family Residential District in which the project site is located,Code Section 84-4.802 limits “building height”to a maximum of 35-feet and two and one-half stories.The appellant contends that when counting an existing basement on the southern side of the residence that is lower in elevation than both stories within the proposed addition,the project results in a total of three stories,in violation of the County Ordinance Code.However,in evaluating the project’s compliance with building height limitations of the R-6 District,it is necessary to consider the definition of “building height”in Section 82-4.214 of the County Ordinance Code, which states “’Building height’means the vertical distance measured from grade to the top of structure directly above”.This definition precludes including the existing basement located at one portion of the existing residence with the addition located at an opposite portion of the existing residence.There is no section of the residence where both the basement and addition are located between grade and the top of structure directly above.The County and staff have consistently enforced building height regulations in this manner in Kensington and throughout the County.Pursuant to Code Section 82-4.214,the project proposes an addition measuring 24 feet and two stories in height and is not at variance with the building height limitations for the R- 6 District. Appeal Point 4:Alternative designs exist that would increase space while providing reasonable protection for Ms. McClain as required by the General Plan. The Kensington Ordinance does not require a comparison of a project with all conceivable alternative designs, rather,it requires the evaluation of potentially substantial impacts that may arise from a specific proposed project.The intent and purpose of the Kensington Ordinance is to balance the rights of the property owner to improve their property with the rights of neighboring property owners to avoid substantial impacts.The absence of substantial impacts resulting from the proposed project,as independently reaffirmed by the ZA and the CPC,supports the applicant’s right to improve the value and enjoyment of the property pursuant to the Kensington Ordinance.There is no provision of the Kensington Ordinance that would compel the project proponent to consider alternative designs when the preferred design has been found compliant with all applicable ordinances,including those protecting views,solar,access,and privacy for neighboring properties. Therefore,this appeal point does not demonstrate that the project was approved in violation of any provision of the Kensington Ordinance or any General Plan policy for the Kensington Area. Appeal Point 5:The project proponent declines to sacrifice any of their own yard space,and instead insists on expanding upward into Ms. McClain’s view. The footprint for the proposed addition is located entirely in the rear yard of the project proponent’s property. The proposed project includes a 992.6 square-foot addition,with most of this addition accommodated within a 607.12 square-foot footprint that is presently a portion of the rear yard.The project includes a 385.48 square- foot second story component,located entirely above what is presently rear yard space.Neither the ZA nor the CPC considered the concerns raised by the appellant,reiterated throughout all phases of the planning process, to be substantial enough to outweigh the property owner’s right to construct a two-story addition in conformance with height requirements for the R-6 District.The mere feasibility of the appellant’s preferred CONTRA COSTA COUNTY Printed on 8/20/2024Page 5 of 13 powered by Legistar™ File #:24-2326,Version:1 conformance with height requirements for the R-6 District.The mere feasibility of the appellant’s preferred single-story configuration offering a similar increase in square footage does not preclude two-story development pursuant to the Kensington Ordinance, or any other provision of the County Ordinance Code. Appeal Point 6:The project proponent prioritizes their own interest in creating a new view over Ms.McClain’s interest in protecting an existing view. Notwithstanding the appellant’s perception of the design priorities considered by the project proponent, approval of the project was ultimately based on the County’s independent evaluation of the proposed project in determining whether the project would result in substantial impacts on any neighboring property.Without exception,members of various hearing bodies and committees that have considered the project have found that the view impacts of the project do not substantially detract from the views currently enjoyed by Ms.McClain, including unobstructed views from her five western facing windows of San Francisco Bay that will not be affected by proposed project.Presently,the project proponent’s home does not have any views comparable to those enjoyed on Ms.McClain’s property as well as views available on numerous other properties in the neighborhood.The project would establish a view comparable to those on neighboring properties of the western facing view corridor at the rear of the lot.Unfortunately,the project would also result in a partial view obstruction for one of Ms.McClain’s six second floor windows,leaving her with five windows having unobstructed views.However,as explained in more detail above,staff and various hearing bodies and committees have determined these view impacts to be less-than-substantial in nature. Appeal Point 7:The project proponent includes unnecessary design elements that increase the height of the project. The project proposes a two-story addition that is 24 feet in height,whereas Code Section 84-4.802 allows a maximum building height of two and one-half stories and 35 feet.The project is within the maximum allowed building height and would not result in substantial impacts on views,solar access,or privacy enjoyed on neighboring properties.Therefore,there is no basis in the County Ordinance Code to compel the project proponent to consider an alternative design. Appeal Point 8:The project proponent refuses to move the third-floor addition away from Ms.McClain’s residence. The project is consistent with all development standards for residential construction and would not result in substantial impacts on views,solar access,or privacy enjoyed on neighboring properties.Therefore,there is no basis in the County Ordinance Code to compel the project proponent to consider an alternative design. STAFF ANALYSIS A.General Plan Consistency:The subject parcel at 40 Anson Way is located within the SH Single-Family Residential -High Density General Plan Land Use designation.The SH designation is intended to promote the orderly development of single-family residential neighborhoods.The existing +1,949 square-foot residence consists of +392 square feet of unconditioned garage space and +1,557 square feet of existing conditioned living space.The project entails an addition to increase living area within an existing single-family residence by 993 square feet,resulting in a total of 2,549 square feet of conditioned living space.The proposed addition does not change the established residential use of the site,its residential density,or lot size.Thus,the single-family CONTRA COSTA COUNTY Printed on 8/20/2024Page 6 of 13 powered by Legistar™ File #:24-2326,Version:1 not change the established residential use of the site,its residential density,or lot size.Thus,the single-family residential nature of the project does not conflict with the intent and purpose of the SH designation. The project is also subject to the Policies for the Kensington Area,Policies 3-211 through 3-215 of the General Plan Land Use Element.Collectively,these policies provide for reasonable review of new residential development with protection for existing residences in the Kensington community.New residential projects are evaluated for view impacts,design compatibility,privacy,and solar access.The project’s compliance with each of these policies is discussed below. Additionally,this report includes discussion of the proposed design,including view impacts,design compatibility,parking,privacy,and solar access,as required by General Plan policies for the Kensington area. Therefore, the project is consistent with General Plan Policies 3-211 through 3-215. Policy 3-211:Allow for the review of new residential development that provides reasonable protection for existing residences in the Kensington community with regard to:views,design compatibility (including building bulk, size, and height), adequate parking, privacy, and access to sunlight. This project was initially submitted to the CDD as administrative Kensington Design Review application CDKR23-00010.Upon the CDD’s receipt of a written request for a public hearing on the CDKR23-00010 application in response to public notifications associated therewith,the applicant submitted the current CDDP23-03024 Development Plan application in order to continue the planning process.The processing of this application,culminating in a decision at a noticed public hearing,provides reasonable protection for neighboring property owners by providing a process including public notification and allowing additional opportunities for concerned neighbors to comment on the project before a decision is made.Staff finds the proposed residential addition to be consistent and compatible with the surrounding neighborhood and does not anticipate that the addition would result in a substantial impact on views,privacy,or solar access for neighboring properties. Policy 3-212:Preservation of views of scenic natural features (e.g.Bay,mountains)and the developed environment (e.g.,bridges,San Francisco skyline)should be incorporated into the review of development applications. Section 84-74.404(r)of the Kensington Ordinance defines “view”as “a scene from a window in habitable space of a neighboring residence.The term ‘view’includes both up-slope and downslope scenes,but is distant or panoramic range in nature,as opposed to short range.”The subject parcel and neighboring parcels are situated on a western facing slope that descends steeply to the west towards the City of El Cerrito.The topography of the area is such that it allows many homes on the hillside to enjoy distant westerly views of city skylines,the San Francisco Bay,Golden Gate Bridge and/or Bay Bridge.On October 6,2023,at the request of the Kensington MAC,the applicant installed story poles on the subject parcel in order to simulate the height and building mass of the proposed addition.On October 20,2023,staff was permitted to view the story poles from two neighboring residences at 36 Anson Way (adjacent to and north of the subject parcel)and 39 Anson Way (across the street to the east of the subject parcel)in order to assess potential view impacts.Aesthetically, the proposed addition would have the greatest impact on a southern facing window on the second story of the residence at 36 Anson Way.Existing views from this southern facing window predominantly consist of neighboring residences and neighborhood trees.Since these existing views are not distant or panoramic in nature,they do not constitute a “view”as defined by the Kensington Ordinance.Based on the October 20, 2023,site visit,the proposed addition does not substantially degrade an existing “view”-as defined by the aforementioned County Ordinance -from within any neighboring residence.Therefore,the project preserves views in a manner consistent with Policy 3-212.Staff photographs depicting the story poles from neighboring CONTRA COSTA COUNTY Printed on 8/20/2024Page 7 of 13 powered by Legistar™ File #:24-2326,Version:1 residences are included below in the Zoning Compliance section of this report. Policy 3-213:Review proposed residential development for design compatibility with nearby development (e.g. building mass, height, mechanical devices) and provisions for adequate parking. The project neighborhood consists of a mix of one-and two-story single-family residences.Considering that two-story residences presently exist on immediately adjacent parcels to the north,south,east,and west,the building mass of the proposed two-story addition is consistent and compatible with the design of existing residential development in the vicinity.Additionally,the proposed addition would have a height of 24 feet, which is substantially less than the 35-foot maximum for residential development in the R-6 Single-Family Residential District pursuant to Section 84-4.802 of the County Code.Further,the existing two-car garage on the subject parcel meets the off-street parking requirement for the R-6 District pursuant to Section 84-4.1202 of the County Code.Therefore,based on the foregoing discussion,the project is considered compatible with existing development in the vicinity in terms of design, height, and the provision of adequate parking. Policy 3-214:New residential development will be reviewed against realistic impacts of privacy and sunlight on surrounding neighbors. Staff has evaluated the project to determine whether realistic impacts of privacy and sunlight would expectedly arise from the addition.This addition is not expected to affect the privacy or solar access on neighboring parcels to any significant degree, as discussed in more detail in the Zoning Compliance discussion below. Policy 3-215:Consideration will be given to review of non-residential development in the Kensington community with Policies 3-211 through 3-213 herein. The proposed project is a residential addition to an existing single-family residence.Thus,this policy does not apply. B.Zoning Compliance:The subject parcel is located in the R-6 Single-Family Residential District,-TOV Tree Obstruction of Views Combining District,and -K Kensington Combining District.The proposed project does not involve removal or addition of any tree,and therefore,the regulations of the Tree Obstruction of Views Combining District do not apply to this application. The intent and purpose of the R-6 District is to facilitate orderly development and maintenance of high-density, single-family residential neighborhoods.The proposed residential addition conforms to all R-6 development standards (e.g.front setback,side and rear yards,building height,off-street parking).Therefore,the proposed addition to an existing single-family residence meets the intent and purpose of the R-6 District. The Kensington Combining District includes seven criteria for approval of the Development Plan.As detailed below, the project satisfies all seven criteria. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Finding:The project is a 993 square-foot two-story addition to the northern side of an existing single-family residence in the R-6 Single-Family Residential District.The proposed addition is in conformance with minimum setback,minimum side and rear yards,maximum building height,and minimum off-street parking requirements applicable to development in the R-6 District.Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District,absent substantial impacts to neighboring parcels in terms of views,privacy,or solar access.The property owners have indicated that the increased square-footage is necessary to accommodate the needs of their family,while also providing office areas to better accommodate working from home. Additionally,the proposed two-story configuration will allow for improved views of the San Francisco Bay and CONTRA COSTA COUNTY Printed on 8/20/2024Page 8 of 13 powered by Legistar™ File #:24-2326,Version:1 Additionally,the proposed two-story configuration will allow for improved views of the San Francisco Bay and city skyline from within the existing residence,similar to those enjoyed by residents of numerous other properties in the immediate vicinity. 2.Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design. Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply. 3. Minimizing impacts upon surrounding neighbors. Finding:The project involves a two-story residential addition that is in conformance with all applicable development standards for the R-6 District.Section 84-74.204(b)of the Kensington Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views,light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below: ·Views:The appellant refers to photographs showing that the proposed addition,represented by story poles previously installed by the applicant,would block views of the City of Emeryville skyline from a southern-facing dining room window within 36 Anson Way.The Staff Reports prepared for Zoning Administrator (ZA)and County Planning Commission (CPC)hearings included the below photograph taken from the affected window by staff on October 20,2023,and a discussion of the impact on views from this southern facing window.As noted in prior Staff Reports,existing views from this window predominantly consist of neighboring residences and neighborhood trees that do not constitute a “view” as defined by the Kensington Ordinance. CONTRA COSTA COUNTY Printed on 8/20/2024Page 9 of 13 powered by Legistar™ File #:24-2326,Version:1 During the public hearing held February 5,2024,the owner of 36 Anson Way stressed to the ZA that her southerly views of Emeryville are typically of higher quality,and that the weather conditions on the date of CDD staff’s visit adversely affected visibility.During public hearings held on February 5 (ZA),and March 27,2024 (CPC),the ZA and CPC separately acknowledged that the project would obstruct views of Emeryville when viewed from the appellant’s dining room window and specified that this alone would not necessarily conflict with the Kensington Ordinance unless it was determined to be a substantial impact to the neighbor’s views. The appellant’s residence at 36 Anson Way includes several western facing windows which offer unobstructed views across the San Francisco Bay through the Golden Gate.The entire expanse of the Golden Gate Bridge,Angel Island,and Alcatraz Island are prominently visible from multiple vantage points within the appellant’s residence,including kitchen,living room,and bedroom areas located on the upper floor.Despite the relatively poor visibility on the date of staff’s visit,the aforementioned scenic features were immediately apparent on the western horizon.The photograph below provides additional context as to the quality of the viewing corridor to the west,as photographed by CDD staff from the rear yard at the southwestern corner of the appellant’s home on October 20, 2023. CONTRA COSTA COUNTY Printed on 8/20/2024Page 10 of 13 powered by Legistar™ File #:24-2326,Version:1 The upper floor of the appellant’s home includes four western facing windows and a sliding glass door,through which they presently enjoy westerly views.The proposed addition would have no impact whatsoever on the western facing view corridor depicted above,as viewed from any habitable area within the appellant’s home.Additionally,when standing directly in front of the appellant’s impacted southern facing window,westerly views towards the bay will remain unobstructed by the addition.The appellant’s existing westerly views are both more numerous and of objectively higher quality than that of their southerly views -in terms of scenic landscape,their visibility in less-than- ideal atmospheric conditions,as well as the lack of existing view obstructions.In approving the project at the public hearing of February 5,2024,the ZA stated on multiple occasions that a project is not required to demonstrate “no impact”on neighboring properties to comply with the Kensington Ordinance,rather,he specified that some degree of impacts (view,privacy,solar access,or otherwise) are expected to arise from any new construction and that the Kensington Ordinance is designed to prevent substantial impacts,as determined by the County Zoning Administrator,and in the case of appeals,by the County Planning Commission and Board of Supervisors.Considering that the proposed addition to 40 Anson Way would only affect a relatively lower quality southerly view from an upstairs south-facing window,and that it does not impact the primary westerly views from several other habitable areas within the neighboring property owner’s home,the ZA found that the project would have a marginal impact on views enjoyed from appellants property.On March 27,2024,the CPC agreed with the ZA’s finding that project view impacts on the northerly neighbors’views of Emeryville are less than substantial and upheld the ZA’s approval of the project.Therefore,the project is consistent with view protections codified in the Kensington Ordinance because it does not substantially degrade the quality of existing views,as enjoyed from several vantage points within habitable areas of the appellant’s home. ·Privacy:The project proposes a two-story addition to the northern side of the existing single-family residence on the subject parcel.The neighboring property nearest to the proposed addition is the adjacent property to the north at 36 Anson Way.All upper-level windows of the residence at 36 AnsonCONTRA COSTA COUNTY Printed on 8/20/2024Page 11 of 13 powered by Legistar™ File #:24-2326,Version:1 adjacent property to the north at 36 Anson Way.All upper-level windows of the residence at 36 Anson Way are oriented either towards the street to the east,or towards the scenic San Francisco Bay to the west.Since the addition does not include any northern or southern facing windows,the project would not substantially impair privacy for next door neighboring parcels,including the residence at 36 Anson Way. Therefore, the project minimizes privacy impacts upon surrounding neighbors. ·Light and Solar Access:The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e.setbacks),size,and height.The project includes a two-story addition behind an existing garage on the northern side of the existing single-family residence on the subject parcel.The northern side of the existing residence is presently one-story and approximately 13 feet in height.The two-story addition would expand the residential footprint and increase the northerly height of the home to 24 feet. The proposed addition would be located at least 42 feet 8 inches and 63 feet 2 inches from the western rear and southern side property lines respectively,and even further from homes located to the east across Anson Way.Therefore,the project would be expected to have negligible impacts to light or solar access on neighboring properties to the south, east, and west of the subject parcel. The proposed addition would be located 8 feet 3 inches from the northern side property line (where 5 feet is the minimum required)and would be situated approximately 15 to 20 feet south of the existing adjacent residence to the north at 36 Anson Way.The 15 to 20 feet of separation between adjacent residences is typical for development in the R-6 District,where development standards allow for as little as 10 feet of separation.It is not uncommon for adjacent homes in the Kensington community to have less than 10 feet of separation due to lot dimensions and/or existing legal non-conforming residences constructed prior to the implementation of the County zoning code.Additionally,the 24-foot height of the proposed addition conforms to the 35-foot maximum permissible building height for residential development in the R-6 District. In a letter dated September 18,2023,the consultant to the owner of the neighboring adjacent property to the north at 36 Anson Way,expressed a concern,amongst others,that the project unreasonably impairs access to daylight by casting shadows on the 36 Anson Way property.The letter includes a diagram depicting shadows cast on the property at 9 AM,12 noon,and 3 PM on the winter solstice,whereon the proposed addition is approximated to cast a shadow over the western portion of the 36 Anson Way residence and rear yard at 9am,and over the southernmost portions of this residence at noon.Notably, the shadow analysis provided by the neighbor’s consultant is limited to conditions expected at a specific time of year when the daylight hours are shortest (i.e.the sun rises later and sets earlier than any other date)and when the sun rises at its southernmost location in the sky.Using a web-based application ( www.suncalc.org <http://www.suncalc.org>)and that shows the movement of the sun for a certain date at a certain place,staff prepared a Shadow Analysis (CPC Staff Report:Exhibit 4,Attachment 7)to approximate the project’s effect on solar access for the summer solstice,and at the equinox.The shadow analysis shows the sun rising further to the north and higher in the sky throughout the rest of the year, and the extent of shadows cast on the northerly parcel are typically much less throughout the year than depicted by the consultant.A subsequent 3D Shadow Analysis prepared by staff utilizing a second web- based application (<https://shademap.app>),confirmed staff’s findings regarding the non-substantial shadow impacts throughout most of the year.The 3D shadow analysis also suggests that the project impacts on solar access on the date of the Winter Solstice would be less significant than previously assumed,and that the appellants upstairs dining room window would only be partially shaded by the project on this date (if at all).Therefore,the project is not expected to affect the neighboring residence’s CONTRA COSTA COUNTY Printed on 8/20/2024Page 12 of 13 powered by Legistar™ File #:24-2326,Version:1 solar access to any significant degree. 4. Protecting the value and enjoyment of the neighbors’property. Finding:As previously mentioned,the addition would not significantly block any views in the project neighborhood or decrease privacy or access to sunlight.Therefore,absent significant impacts on neighboring parcels, the addition would preserve the value and enjoyment of the neighbors’ property. 5. Maintaining the community’s property values. Finding:The project involves an addition to an existing single-family residence in an established residential neighborhood.The proposal does not involve an incompatible land use that would conflict with the surrounding residential community in a manner that may negatively affect property values. Additionally,the project does not substantially affect scenic views,privacy,or solar access for neighboring parcels to any significant degree.Therefore,the project maintains the community’s property values. 6. Maximizing the use of existing interior space. Finding:The existing single-family residence consists of a main floor at street level having approximately 1,576 square feet of living area and a 372 square foot two-car garage.A lower level beneath the southern end of the existing residence provides an additional 373 square feet of conditioned living space.There is no existing interior space within the residence that is not presently being utilized as part of the residence. Thus,the 993 square-foot increase in living space sought by the property owners could not feasibly be accomplished within the existing building envelope.Therefore,staff finds that the project maximizes the use of existing interior space. CONCLUSION AND STAFF RECOMMENDATION Construction of the proposed residential addition is consistent with the SH Single-Family Residential -High Density General Plan Land Use designation and complies with the intent and purpose of the R-6 Single-Family Residential Zoning District and the -K Kensington Combining District.Therefore,staff recommends that the Board of Supervisors deny the appeal and approve Kensington Design Review Development Plan CDDP23- 03024 to allow a 993 square-foot two-story addition to an existing single-family residence,based on the findings and subject to the conditions of approval, which are included as Attachment 1. CONSEQUENCE OF NEGATIVE ACTION: If the Board were to deny the project,the property owner would not be allowed to improve their property with a residential addition to the existing single-family residence. CONTRA COSTA COUNTY Printed on 8/20/2024Page 13 of 13 powered by Legistar™ Board of Supervisors – August 6, 2024 CDDP23-03024 Page 1 of 10 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE CDDP23-03024; CARI ROSNER JELEN (APPLICANT), ELENA SAXONHOUSE (OWNER) FINDINGS A. Kensington Combining District Findings County Code Section 84-74.1206(b) requires a project within the Kensington Combining District to satisfy seven criteria to be approved. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Project Finding: The project is a 993 square-foot two-story addition to the northern side of an existing single-family residence in the R-6 Single-Family Residential District. The proposed addition is in conformance with minimum setback, minimum side and rear yards, maximum building height, and minimum off-street parking requirements applicable to development in the R-6 District. Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District, absent substantial impacts to neighboring parcels in terms of views, privacy, or solar access. The property owners have indicated that the increased square-footage is necessary to accommodate the needs of their family, while also providing office areas to better accommodate working from home. Additionally, the proposed two-story configuration will allow for improved views of the San Francisco Bay and city skyline from within the existing residence, similar to those enjoyed by residents of numerous other properties in the immediate vicinity. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design. Project Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply. 3. Minimizing impacts upon surrounding neighbors. Project Finding: The project involves a two-story residential addition that is in conformance with all applicable development standards for the R-6 District. Section Board of Supervisors – August 6, 2024 CDDP23-03024 Page 2 of 10 84-74.204(b) of the Kensington Combining District Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below: • Views: The appellant refers to photographs showing that the proposed addition, represented by story poles previously installed by the applicant, would block views of the City of Emeryville skyline from a southern-facing dining room window within 36 Anson Way. The Staff Reports prepared for Zoning Administrator (ZA) and County Planning Commission (CPC) hearings included photographs of the story poles, and a discussion of the impact on views from this southern facing window. As noted in prior Staff Reports, existing views from this window predominantly consist of neighboring residences and neighborhood trees that do not constitute a “view” as defined by the Kensington Ordinance. During the public hearing held February 5, 2024, the owner of 36 Anson Way stressed to the ZA that her southerly views of Emeryville are typically of higher quality, and that the weather conditions on the date of CDD staff’s visit adversely affected visibility. During public hearings held on February 5 (ZA), and March 27, 2024 (CPC), the ZA and CPC separately acknowledged that the project would obstruct views of Emeryville when viewed from the appellant’s dining room window and specified that this alone would not necessarily conflict with the Kensington Ordinance unless it was determined to be a substantial impact to the neighbor’s views. The appellant’s residence at 36 Anson Way includes several western facing windows which offer unobstructed views across the San Francisco Bay through the Golden Gate. The entire expanse of the Golden Gate Bridge, Angel Island, and Alcatraz Island are prominently visible from multiple vantage points within the appellant’s residence, including kitchen, living room, and bedroom areas located on the upper floor. Despite the relatively poor visibility on the date of staff’s visit, the aforementioned scenic features were immediately apparent on the western horizon. Photographic evidence included in the record provides additional context as to the quality of the viewing corridor to the west, as photographed by CDD staff from the rear yard at the southwestern corner of the appellant’s home on October 20, 2023. Board of Supervisors – August 6, 2024 CDDP23-03024 Page 3 of 10 The upper floor of the appellant’s home includes four western facing windows and a sliding glass door, through which they presently enjoy westerly views. The proposed addition would have no impact whatsoever on the western facing view corridor depicted above, as viewed from any habitable area within the appellant’s home. Additionally, when standing directly in front of the appellant’s impacted southern facing window, westerly views towards the bay will remain unobstructed by the addition. The appellant’s existing westerly views are both more numerous and of objectively higher quality than that of their southerly views - in terms of scenic landscape, their visibility in less than ideal atmospheric conditions, as well as the lack of existing view obstructions. In approving the project at the public hearing of February 5, 2024, the ZA stated on multiple occasions that a project is not required to demonstrate “no impact” on neighboring properties to comply with the Kensington Ordinance, rather, he specified that some degree of impacts (view, privacy, solar access, or otherwise) are expected to arise from any new construction and that the Kensington Ordinance is designed to prevent substantial impacts, as determined by the County Zoning Administrator, and in the case of appeals, by the County Planning Commission and Board of Supervisors. Considering that the proposed addition to 40 Anson Way would only affect a relatively lower quality southerly view from an upstairs south-facing window, and that it does not impact the primary westerly views from several other habitable areas within the neighboring property owner’s home, the ZA found that the project would have a marginal impact on views enjoyed from appellants property. On March 27, 2024, the CPC agreed with the ZA’s finding that project view impacts on the northerly neighbors’ views of Emeryville are less than substantial and upheld the ZA’s approval of the project. Therefore, the project is consistent with view protections codified in the Kensington Ordinance because it does not substantially degrade the quality of existing views, as enjoyed from several vantage points within habitable areas of the appellant’s home. • Privacy: The project proposes a two-story addition to the northern side of the existing single-family residence on the subject parcel. The neighboring property nearest to the proposed addition is the adjacent property to the north at 36 Anson Way. All upper-level windows of the residence at 36 Anson Way are oriented either towards the street to the east, or towards the scenic San Francisco Bay to the west. Since the addition does not include any northern or Board of Supervisors – August 6, 2024 CDDP23-03024 Page 4 of 10 southern facing windows, the project will not substantially impair privacy for next door neighboring parcels, including the residence at 36 Anson Way. Therefore, the project minimizes privacy impacts upon surrounding neighbors. • Light and Solar Access: The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e. setbacks), size, and height. The project includes a two-story addition behind an existing garage on the northern side of the existing single-family residence on the subject parcel. The northern side of the existing residence is presently one-story and approximately 13 feet in height. The two-story addition will expand the residential footprint and increase the northerly height of the home to 24 feet. The proposed addition will be located at least 42 feet 8 inches and 63 feet 2 inches from the western rear and southern side property lines respectively, and even further from homes located to the east across Anson Way. Therefore, the project will have negligible impacts to light or solar access on neighboring properties to the south, east, and west of the subject parcel. The proposed addition will be located 8 feet 3 inches from the northern side property line (where 5 feet is the minimum required) and will be situated approximately 15 to 20 feet south of the existing adjacent residence to the north at 36 Anson Way. The 15 to 20 feet of separation between adjacent residences is typical for development in the R-6 District, where development standards allow for as little as 10 feet of separation. It is not uncommon for adjacent homes in the Kensington community to have less than 10 feet of separation due to lot dimensions and/or existing legal non-conforming residences constructed prior to the implementation of the County zoning code. Additionally, the 24-foot height of the proposed addition conforms to the 35- foot maximum permissible building height for residential development in the R-6 District. In a letter dated September 18, 2023, the consultant to the owner of the neighboring adjacent property to the north at 36 Anson Way, expressed a concern, amongst others, that the project unreasonably impairs access to daylight by casting shadows on the 36 Anson Way property. The letter includes a diagram depicting shadows cast on the property at 9 AM, 12 noon, and 3 PM on the winter solstice, whereon the proposed addition is approximated to cast Board of Supervisors – August 6, 2024 CDDP23-03024 Page 5 of 10 a shadow over the western portion of the 36 Anson Way residence and rear yard at 9am, and over the southernmost portions of this residence at noon. Notably, the shadow analysis provided by the neighbor’s consultant is limited to conditions expected at a specific time of year when the daylight hours are shortest (i.e. the sun rises later and sets earlier than any other date) and when the sun rises at its southernmost location in the sky. Using a web-based application (www.suncalc.org) that shows the movement of the sun for a certain date at a certain place, staff has prepared a Shadow Analysis to approximate the project’s effect on solar access for the summer solstice, and at the equinox. The shadow analysis shows the sun rising further to the north and higher in the sky throughout the rest of the year, and the extent of shadows cast on the northerly parcel are typically much less throughout the year than depicted by the consultant. A subsequent 3D Shadow Analysis prepared by staff utilizing a second web-based application (https://shademap.app), confirmed staff’s findings regarding the non-substantial shadow impacts throughout most of the year. The 3D shadow analysis also suggests that the project impacts on solar access on the date of the Winter Solstice would be less significant than previously assumed, and that the appellants upstairs dining room window would only be partially shaded by the project on this date (if at all). Therefore, the project is not expected to affect the neighboring residence’s solar access to any significant degree. 4. Protecting the value and enjoyment of the neighbors’ property. Project Finding: As previously mentioned, the addition will not significantly block any views in the project neighborhood or decrease privacy or access to sunlight. Therefore, absent significant impacts on neighboring parcels, the addition will preserve the value and enjoyment of the neighbors’ property. 5. Maintaining the community’s property values. Project Finding: The project involves an addition to an existing single-family residence in an established residential neighborhood. The proposal does not involve a noncompatible land use that conflicts with the surrounding residential community in a manner that may negatively affect property values. Additionally, the project does not substantially affect scenic views, privacy, or solar access for neighboring parcels to any significant degree. Therefore, the project maintains the community’s property values. Board of Supervisors – August 6, 2024 CDDP23-03024 Page 6 of 10 6. Maximizing the use of existing interior space. Project Finding: The existing single-family residence consists of a main floor at street level having approximately 1,576 square feet of living area and a 372 square foot two- car garage. A lower level beneath the southern end of the existing residence provides an additional 373 square feet of conditioned living space. There is no existing interior space within the residence that is not presently being utilized as part of the residence. Thus, the 993 square-foot increase in living space sought by the property owners cannot feasibly be accomplished within the existing building envelope. Therefore, staff finds that the project maximizes the use of existing interior space. 7. Promoting the general welfare, public health, and safety. Project Finding: The residential addition does not change the land use on the subject parcel and as described above, will have minimal impact on neighboring properties. The project’s compliance with applicable zoning standards and the requirement to obtain building permits will ensure that the addition does not present a hazard to public health and safety for the occupants or community at large. Thus, the project promotes the general welfare, public health, and safety of the Kensington community. D. Environmental Findings The 993 square-foot two-story addition to the northern side of an existing single- family residence is categorically exempt under CEQA Guidelines Section 15301(e)(2), which provides a Class 1 exemption for additions to existing structures of no more than 10,000 square feet in an area that is not environmentally sensitive and where all public services and facilities are available for maximum development permissible in the General Plan. CONDITIONS OF APPROVAL FOR COUNTY FILE CDDP23-03024 Project Approval 1. Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to the northern side of an existing single-family residence is APPROVED. Board of Supervisors – August 6, 2024 CDDP23-03024 Page 7 of 10 2. The Development Plan approval describe above is based on the application and project plans received by the Department of Conservation and Development, Community Development Division (CDD) on July 11, 2023. 3. Any deviation from the approved plans shall require review and approval by the CDD and may require the filing of a new Kensington Design Review application. Building Permits 5. No construction is approved with this permit. Any construction at the subject parcel will require issuance of building permits from the Department of Conservation and Development, Building Inspection Division, prior to commencement of work. Application Costs 6. This application was subject to an initial application deposit of $3,000.00, which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of 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 from the date of approval, the application shall be charged interest at a rate of ten percent (10%). The applicant may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Construction All construction activity shall comply with the following restrictions, which shall be included in the construction drawings. 7. 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. 8. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate Board of Supervisors – August 6, 2024 CDDP23-03024 Page 8 of 10 stationary noise-generating equipment such as air compressors as far away from existing residences as possible. 9. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 10. 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 shall also be visible to ensure compliance with applicable regulations. 11. 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) Board of Supervisors – August 6, 2024 CDDP23-03024 Page 9 of 10 For specific details on the actual date the State and Federal holidays occur, please visit the following websites: Federal Holidays: Federal Holidays (opm.gov) California Holidays: State Holidays (sos.ca.gov) 12. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, 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, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this 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 CDD within 90 days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. C. The applicant must submit building plans to the Kensington Fire Protection District Board of Supervisors – August 6, 2024 CDDP23-03024 Page 10 of 10 and comply with its requirements. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District. D. The applicant is required to submit plans to the Stege Sanitary District for approval. Plans submitted for a building permit must receive prior approval and be stamped by the Sanitary District. E. The applicant is responsible for contacting the Health Services Department Environmental Health Division regarding its requirements and permits. F. The applicant is required to comply with the requirements of the East Bay Municipal Utility District. G. The applicant is responsible for contacting the Contra Costa Mosquito and Vector Control District regarding its requirements and permits. Attachment 2 CDDP23-03024 BOS Appeal Letter Appeal Letter to County Board of Supervisors - 40 Anson Way (CDDP23-03024) April 5, 2022 1 HARPER & ARMSTRONG, LLP 1634 Telegraph Ave., #3, Oakland, CA 94612 Phone: (510) 420-8455 · Fax: (510) 858-5953 · shona.armstrong@harperarmstrong.com By E-MAIL April 5, 2024 Adrian Veliz, Senior Planner Department of Conservation and Development Contra Costa County 30 Muir Road Martinez, CA 94553 1-925-655-2879 Adrian.veliz@dcd.cccounty.us County Board of Supervisors Clerk of the Board of Supervisors 1025 Escobar Street,1st Floor Martinez, CA 94553 925-655-2000 clerkoftheboard@cob.cccounty.us Re: 40 Anson Way (CDDP23-03024) Appeal to Board of Supervisors To the Board of Supervisors: I represent Kris McClain, the owner of 36 Anson Way, which is directly next door to 40 Anson Way. I write on behalf of Ms. McClain to appeal from the recent Planning Commission decision affirming the Zoning Administrator decision to approve a Kensington Design Review Development Plan, which proposes a 993 square-foot “two-story” addition to the northern side of an existing single-family residence at 40 Anson Way (CDDP23-03024) despite the fact that the proposed project is actually three-stories high and requires a variance according to the County Code; despite the project’s unreasonable impacts on the use, enjoyment, and value of Ms. McClain’s property; despite the project proponents’ failure to consult with Ms. McClain about any specific proposed design prior to submitting their plans for approval; and despite the project proponents’ refusal to compromise any of their goals in the interest of mitigating the impacts on Ms. McClain and her property values. As Ms. McClain has made clear at each level of hearing, pursuant to Contra Costa County Code section 26-2.2406(c): (1) The proposed project does not comply with the general plan and adversely affects her property rights. (2) The proposed project does not meet required standards. (3) Specified findings for the planning division are not supported by the evidence. Appeal Letter to County Board of Supervisors - 40 Anson Way (CDDP23-03024) April 5, 2022 2 The grounds for Ms. McClain’s appeal are elucidated in my appeal letter dated February 14, 2024. Those arguments remain central to our arguments on appeal at this level, but I will not recapitulate them here in detail. I trust the Board members will review our prior letters and evidence, but please also note that, at the hearing held on March 27, 2024, the Planning Commission members acknowledged the validity of Ms. McClain’s grounds for appeal, even though the Commission nevertheless affirmed the Zoning Administrator’s decision. This creates legal error. Specifically, the Commission explicitly acknowledged: 1. Ms. McClain’s view of Emeryville is a view that should merit “reasonable protection” pursuant to General Plan policies #3-211, 3-212; 2. The definition of “story” in the County Code does prohibit approval of the current project without a variance; there is no such thing as a “half story”; and the County has ignored its own legal definitions to approve the instant project without a variance. The Planning Commission thus acknowledged that the approval violates the County’s own laws, which: (a) require an application for a variance for a three-story project; and (b) require reasonable protection of Ms. McClain’s views, uses, enjoyment, and property values. As the project proponents’ testimony at the prior appeal hearing made clear, there exist alternative, more considerate, design possibilities that would add the additional indoor living space the project proponents crave, while providing reasonable protection for Ms. McClain as required by the general plan. But the project proponents did not explore these options with Ms. McClain. They have, instead, assiduously protected and promoted their own interests entirely at Ms. McClain’s expense. They wish to have Ms. McClain’s cake and eat it too. Among other things, the project proponents are: 1. Declining to sacrifice any of their own yard space (They insist on expanding their home upward into Ms. McClain’s view rather than expanding along the ground level into their own yard, because they value and use their own yard space and do not wish to sacrifice any of it.) 2. Prioritizing their own interest in creating a new view over Ms. McClain’s interest in protecting an existing view (They are adding new third story that takes away Ms. McClain’s view in order to create one for themselves.) 3. Including unnecessary vaulted ceilings as part of their third-floor addition (They are unnecessarily increasing the height of their project and the impact on Ms. McClain’s views and access to sun and air.) 4. Refusing to even move their third-floor addition away from Ms. McClain’s property/view corridor. (They are refusing to locate their third-floor addition further to the west on their current home’s footprint or further to the south over the “basement” story,” which could reduce the impact on Ms. McClain, but which would increase the project proponent’s costs.) 5. Failing to consider a lower plate height for the third story addition per R305.1, which, in rooms with sloped ceilings, allows the required floor area of the room to have a ceiling Appeal Letter to County Board of Supervisors - 40 Anson Way (CDDP23-03024) April 5, 2022 3 height of not less than 5 feet (1524 mm) so long as not less than 50 percent of the required floor area shall have a ceiling height of not less than 7 feet (2134 mm). In essence, the project proponents are arrogating Ms. McClain’s property value to themselves. All of the project proponents’ design decisions have come at the expense of Ms. McClain’s existing views, uses, and property value. Without reasonable consultation with Ms. McClain, the project proponents have enlisted the County in their effort to force Ms. McClain to accept the project as proposed, though the application violates the law. Ms. McClain scrimped and saved for years to purchase a home with stunning views, which she appreciates and enjoys, and which add value to her home. She made her purchase secure in the knowledge that any third-floor addition on a neighboring property would require a variance that would trigger in depth consideration of her interests. The project proponents now wish to add value to their own home by constructing an impermissible third-floor addition robs Ms. McClain of her value. Allowing this blatant transfer of value with no compromises or discussion1 does not provide Ms. McClain with the reasonable protection she is entitled to under the General Plan. In no sense does the County’s approval of the proposed plans: (a) comply with the law, which requires a variance for what, pursuant to the code, is a three-story project; (b) reasonably protect Ms. McClain’s views; (c) minimize impacts to Ms. McClain’s enjoyment and use of her property; or (d) reasonably protect Ms. McClain’s property value. Furthermore, and importantly, permitting approvals that violate the law promotes discord among neighbors. Clear laws accurately followed and enforced provide certainty and predictability that minimizes neighbor conflict. This approval does the opposite and should be reversed. Regards, Shona Armstrong Encl: Appeal letter submitted to Planning Commission February 14, 2024 (with attachment 1 Testimony at the hearing below continued to mislead the Planning Commission about the nature and extent of discussions prior to the current application. It is true that prior to making their application, the project proponents informed Ms. McClain that they hoped she would approve an addition to their home, but at the time they approached Ms. McClain on January 12, 2023, per their own admission, they had only “conceptual” and “schematic” plans. As far as Ms. McClain could reasonably tell, these “plans” consisted of drawings of the existing home with verbal proposals about vague planned changes. There was no actual proposed plan for her to consider, review, comment on, or discuss. The applicants talked to Ms. McClain for a few minutes, did not offer any concrete proposal, and then departed when she refused to give them carte blanche approval to make additions to their home. Any design changes that occurred between Jan 12, 2023, and June 1, 2023, were entirely internally motivated. Though the applicants suggest these changes were for Ms. McClain’s benefit, Ms. McClain had no input into or knowledge of the proposal or any changes thereto. In fact, the first time Ms. McClain was presented with any concrete plan to review was when she received a letter from the County informing her of the nature of the proposed project on June 1, 2023. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 1 HARPER & ARMSTRONG, LLP 1634 Telegraph Ave., #3, Oakland, CA 94612 Phone: (510) 420-8455 ∙ Fax: (510) 858-5953 ∙ shona.armstrong@harperarmstrong.com By E-MAIL February 14, 2024 Adrian Veliz Senior Planner Department of Conservation and Development Contra Costa County 30 Muir Road Martinez, CA 94553 1-925-655-2879 Adrian.veliz@dcd.cccounty.us Re: 40 Anson Way (CDDP23-03024) Dear Mr. Veliz: I represent Kris McClain, the owner of 36 Anson Way, which is directly next door to 40 Anson Way. I write on Ms. McClain’s behalf to appeal from the recent Zoning Administrator decision to approve a Kensington Design Review Development Plan, which proposes a 993 square-foot “two-story” addition to the northern side of an existing single-family residence at 40 Anson Way (CDDP23-03024) despite Ms. McClain’s protests. As Ms. McClain has made clear at each level of hearing, pursuant to Contra Costa County Code section 26-2.2406(c): (1) The proposed project does not comply with the general plan and adversely affects her property rights. (2) The proposed project does not meet required standards. (3) Specified findings for the planning division are not supported by the evidence. The negative impacts created by the proposed project warranted two meetings of the KMAC, which culminated in a split decision. In the face of clear law prohibiting the approval of this three-story project and in the face of clear general plan violations that harm the property value of one of Kensington’s few Black homeowners at the expense of her neighbors, the Zoning Administrator erred by approving the application based on arbitrary, biased, uncodified grounds. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 2 I. The Design Review Approval Violates the General Plan and Disregards the loss of value to Ms. McClain’s Home. A. The proposed project violates the General Plan. The “General Plan Policies for the Kensington Area” appear at pages 3-98 to 3-100 of the General Plan: Policy #3-211 Allow for the review of new residential development that provides reasonable protection for existing residences in the Kensington community with regard to: views, design compatibility (including building bulk, size, and height), adequate parking, privacy, and access to sunlight. Policy #3-212. Preservation of views of scenic natural features (e.g., Bay, mountains) and the developed environment (e.g., bridges, San Francisco skyline) should be incorporated into the review of development applications. Policy #3-213. Review proposed residential development for design compatibility with nearby development (e.g., building mass, height, mechanical devices) and provisions for adequate parking. 3-214. New residential development will be reviewed against realistic impacts of privacy and sunlight on surrounding neighbors. 1. The proposed project specifically fails to reasonably protect Ms. McClain’s residence with regard to views, building bulk, size, height, privacy, and access to sunlight. a. Views The photos Ms. McClain has provided at Exhibit A and Exhibit B show the story poles blocking the view from the south-facing window of her dining room out over the Emeryville skyline. The General Plan specifically requires protection and preservation of views of the developed environment. Policy 3-212 provides examples of the bridges and the San Francisco skyline, but these are examples; they do not constitute an exclusive list of the views that merit conservation. The County Zoning Administrator explicitly and completely discounted Ms. McClain’s views of the Emeryville skyline, stating they simply do not count. The unnecessary Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 3 denigration of Emeryville is puzzling and betrays a condescending disregard for the views that Ms. McClain enjoys from her living space. b. Design compatibility/building mass unnecessarily impairs Kris McClain’s property. As Heather Sanders-Jacob has already explained in her letter dated September 18, 2024, which is attached hereto as Exhibit C and incorporated herein, the proposed project creates an unnecessarily elevated mass that allows the owners of 40 Anson Way to expand at the explicit and significant expense of Ms. McClain. Both owners could achieve their aims were 40 Anson Way to build and expand downward along the hillside to create the additional square footage they desire or even were they to move the expansion to the other side of their house. The owners at 40 Anson Way have never, however, sought input from or discussion about the impacts on Kris McClain. When they first approached Ms. McClain, they requested her before-the-fact approval of a project for which they had no drawings. They denied her permission to come into their home to discuss the options and impacts. The next time they approached Ms. McClain they presented her with a fait accompli. The planning department makes much of the fact that the owners revised their plans to change the position of a balcony, but that change was motivated by the owners’ own concerns. It was not a response to or an accommodation for the benefit of Ms. McClain, as they had never shown Ms. McClain the first round of drawings. Even as modified, the proposed obstruction damages Ms. McClain’s views and has tangible consequences for the value of her property. The diminished view significantly detracts from the appeal of the home to potential buyers or renters, thereby directly affecting its market value. Furthermore, the presence of a blank wall resulting from the proposed project creates a sense of confinement and visual monotony, diminishing the overall livability and enjoyment of the property. This issue extends beyond mere inconvenience; it constitutes a tangible loss of value and an infringement upon Ms. McClain’s rights as a homeowner to enjoy the full benefits of her property. c. The building height violates the clear language of the law. i. The language of the law provides an unambiguous definition of “story.” As previously explained, the proposed building exceeds the number of permissible stories. The proposal is within the SH zone of Kensington (Single Family Residential – High) Contra Costa County Code limits buildings to two stories in Kensingon. Section 82-4.266 of the code defines a story as follows: Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 4 “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of he topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade at any point, such basement or cellar shall be considered a story. Per 84-4.802 of the County Code, building height maximums are set by the following criteria: No single-family dwelling or other structure permitted in the R-6 [single family residential] district shall exceed two and one-half stories or thirty-five feet in height. All single-family residential districts within Contra Costa County have the same building height restrictions. See Contra Costa County Code sections 84-6.802, 84-8.802, 84-10.802, 84- 12.802, 84-14.802, 84-16.802, 84-18.802, 84-20.802. Because the basement story at 40 Anson Way is a habitable space that includes an existing bedroom, bathroom, and office with full kitchen, the additional proposed level pursuant to the clear language of the Contra Costa County Code constitutes an impermissible third level. The diagram below is what was submitted to the Planning Department. This lower level was not omitted from the architect’s drawing, and it should have compelled the planners to reject the proposal or require a variance application. ii. Long pattern and practice and an ongoing informal agreement to disregard the law cannot change the meaning of the words written in the code. The staff asserts repeatedly in written recommendations that the proposed project is a two- story building. The applicant asserts that the staff assured them the project would be processed Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 5 as a two-story building. The Zoning Administrator likewise asserts that the planning department has the leeway to interpret its code however it likes, and that the planning department always considers a project like this to be a two-story project, because the separate stories are not stacked atop one another. This interpretation appears groundless. The Zoning Administrator made comments arrogating to the planning department the power to enforce rules either beyond or in contradiction to the language of the law. These comments misconstrue and inflate the powers of the Planning and Conservation Department. The Department and its staff are to execute the laws, not to legislate by fiat. The code is clear. Where neither the language nor the statutory history of an ordinance is ambiguous, “there is no need to defer to [agency] interpretation.” Riddick v. City of Malibu, ___ Cal. App. ___, ____ (Feb 1, 2024) 2024 WL376305 (citing Advanced Real Estate Services, Inc. v. Superior Court, 196 Cal. App. 4th 338, 350 (2011); Department of Industrial Relations v. Occupational Safety & Health Appeals Board, 26 Cal. App. 5th 93, 106 (2018)). Here, there is no ambiguity concerning the meaning of the text, it is not composed of “ ‘technical, obscure, complex, open-ended’ ” language “ ‘entwined with issues of fact, policy, and discretion’ ” that would require resort to [the agency’s] specialized expertise. (Yamaha, supra, 19 Cal. 4th at p. 12, 78 Cal.Rptr.2d 1, 960 P.2d 1031.) [The agency] therefore “enjoy[s] no comparative advantage over a generalist court in interpreting the legal text at issue.” (California Veterinary Medical Association v. City of West Hollywood, (2007) 152 Cal. App. 4th 536, 556, 61 Cal.Rptr.3d 318.) Riddick v. City of Malibu (Cal. Ct. App., Feb. 1, 2024, No. B323731) 2024 WL 376305, at *5 (emphasis added). Other jurisdictions that legitimately apply the standard the Contra Costa County Planning Department applied here do so based on a Code or other publicly available guidance. For instance, in some jurisdictions, in which following the hillside’s natural contour allows the approving agency to deem a story not a story when not stacked one atop the other, the examples and diagrams within the ordinances or regulations depict possible scenarios in detail and explain the exceptions to the rules. Attached hereto as Exhibits D and E are guidance documents from Berkeley and Los Angeles, which show that it is very easy to publish transparent detailed guidance that does not leave architects and homeowners to guess about when and why an approving agency might simply (and in violation of the law) disregard its own published ordinances. Citizens rely on transparent, publicly available laws and regulations for setting their expectations about property purchases and making other important decisions. Publicly available, consistently enforced laws ensure that citizens cannot be ambushed by secret, unwritten rules that work to their detriment. Kris McClain bought her house secure in the fact that her views were protected, and she was entitled to set her expectations based on the clear language of the Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 6 law. If there is a law or regulation in Contra Costa County that provides an exception, no staff member or official has pointed it out. Pursuant to the language of the code there can be no argument. This project comprises three stories. Decades of disregarding the clear language of the code in practice does not change the language of the code. If the County truly wishes to count stories only when they are stacked atop each other, then the County must re-write its code to actually say that. d. Access to Sunlight The initial solar access study at the winter solstice depicts the time of the year during which Ms. McClain is most highly impacted (and the time of year when sunlight is most valued). The impacts on Ms. McClain are significant. From her upstairs living spaces, Ms. McClain will now be spending more time in the shadow of a blank wall rather than looking out over the skyline. The photos she has taken and attached as Exhibit A and B, particularly the photo taken in the evening when the sun is low (Exhibit B), along with the photos of the story poles, show the significant negative change she will experience due to loss of light. Evening light will be curtailed in Ms. McClain’s dining room. On February 4, 2024, there was a power outage from 11:00 AM- 7:30 PM. The sun started to go down around 4:30-5PM. Ms. McClain was able to continue working up until the sun was gone. She had a deadline and was able to able to make it without losing a day due to loss in power. If 40 Anson was built up as proposed, much of the light she used for the last hours of the day would have been blocked because of the large shadow the third story would have created. A corrected shadow study attached as Exhibit F is relabeled to depict more clearly that it is not only Ms. McClain’s downstairs windows that are affected, but also her upstairs dining room windows that will suffer significant loss of light. The Zoning Administrator discounted the shadow study because he erroneously presumed it only affected the downstairs windows in Ms. McClain’s garage (where, to be clear, she still uses and enjoys the light by growing many plants). The proposed addition will therefore impair Ms. McClain’s ability to nurture the collection of indoor plants she keeps in her dining room. In her own words: I got into plants in 2021. I have researched plants, their light, water, and placement needs. Each plant that I have is in its ideal spot, which was determined by their specific light requirements. The ones who require the most light, i.e, succulents and cactus plants, are under grow lights. The others depend on the morning sun which isn’t as harsh as the afternoon sun. They all rely on light to grow. I have a fiddle leaf fig that was in a 6 inch pot. She is now in a 20 inch pot. If you know anything about the fiddle leaf plant, you’ll know that this is a big deal. We all rely on the light coming from the dining room window. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 7 The Zoning Administrator Planner specifically stated the lower-level windows and accessory structures like the greenhouse aren’t protected items where solar access is concerned, but the new addition will also impair Ms. McClain’s ability to garden the space on the southern side of her house. She takes much joy and finds peace in her landscaping and gardening, and she is concerned about the limitations that the lack of sunlight will impose on her choice of plantings. She chose the spot for her greenhouse based on the rise and fall of the sun. It faces north and south to maximize the sunlight. She also uses her lower deck to read and barbeque. All of these activities will be impaired by the proposed addition’s negative impact on her sunlight. B. The proposed project adversely affects Ms. McClain’s property values. When members of the Kensington Municipal Advisory Council visited Ms. McClain’s property, they were impressed with her view and one member joked that his colleague could have such a view if her were willing to pay the price. It is common knowledge that the views create significant value. Ms. McClain’s view will be impaired, and her property value will suffer concomitant damage. In addition to loss of a portion of her view, Ms. McClain’s reduced access to sunlight and her new close proximity to a bulky new three-story building will affect her property value. II. The proposed project does not meet required standards. As explained above, the Contra Costa County Code is clear, and the proposed project violates that code with respect to building height, and with respect to considering access to sunlight, preservation of views of skylines, and design compatibility. See Exhibit C (Letter from Shelterwerk re McClain Appeals 2023-09-18.) III. Specified findings for the planning division are not supported by the evidence. As explained above, the County’s findings are not supported by the evidence, because the approval does NOT: (1) minimize impacts upon surrounding neighbors; (2) protect the value and enjoyment of the neighbors’ property; (3) maintain neighbors’ property values; or (4) promote the general welfare, public health, and safety, inasmuch as approving a project that violates the law as written leads to public confusion, abuse, and arbitrary decision making. IV. Revised plans do not reflect sensitivity to or consideration of Ms. McClain’s interests. The project applicant provided an initial design and then a revised design to the planning staff. The first proposed design had even more extreme impacts on Ms. McClain. The project applicant has misleadingly packaged this redesign as an accommodation to Ms. McClain. In reality, the project applicants redesigned their project without consultation with or input from Ms. McClain. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 8 V. 40 Anson Way could be developed in a manner that satisfies the applicants’ goals without having such significant impacts on Ms. McClain and her property. The owners of 40 Anson could remedy this problem by locating the addition on the southern side of their property or by considering a horizontal addition that would keep the entire home on a single level. Ms. McClain has been fighting for agency throughout this disempowering design review process. When neighbors can communicate and work together, the project can be improved and the neighborly relationship preserved without negatively impacting the end product. There is still a chance for this to happen here. VI. Conclusion The Kensington-specific section of the Contra Costa County Code provides that the purpose of the local ordinances is as follows: 84-74.204 - Purpose and intent. (a) The purpose of this chapter is to provide specific regulation to fairly and efficiently implement the Contra Costa County general plan policies for the Kensington Area so that future development recognizes the rights of property owners to improve the value and enjoyment of their property while minimizing impacts upon surrounding neighbors and not substantially impairing the value and enjoyment of their neighbors' property; maintains the community's property values; and promotes the general welfare, public health and safety. (b) It is a further purpose of this chapter to promote the community's values of preservation of views, light and solar access, privacy, parking, residential noise levels and compatibility with the neighborhood with regard to bulk and scale (c) Features of a development that could influence these values include but are not limited to siting, size, bulk, building envelope, height, setbacks, relative scale, off- street parking spaces, window placement, artificial lighting and location of mechanical devices such as motors, fans and vents. Part (a) recognizes the right of homeowners to develop their properties, while minimizing any impacts on their neighbors’ property value, and while protecting the ability of their neighbors to enjoy their land. Parts (b) and (c) provide criteria for evaluating the impacts of development on neighboring properties. The proposed development at 40 Anson Way fails to minimize impacts as required by the code, violates the General Plan, and unnecessarily robs Ms. McClain of her cherished property values. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 9 We invite you to arrange a visit to my client’s property to view the impact the project will have. I can be reached at shona.armstrong@harperarmstrong.com and 510-508-5017. Regards, Shona Armstrong EXHIBITS Exhibit A: Photos from Ms. McClain’s dining area, deck, and garage, showing story pole impact on views from her dining room and deck during October 18-29, 2023 Exhibit B: Photo from Ms. McClain’s dining room window Feb 6, 2024, at 6:56 pm Exhibit C: LTR from Shelterwerk re 40 Anson Way 2023-09-18 Exhibit D: Excerpts from Los Angeles Basin Hillside Ordinance Exhibit E: Berkeley Municipal Code section 23.106.060 Exhibit F: Corrected shadow study pointing out affected upper windows EXHIBIT A (Photos from Ms. McClain’s dining area, deck, and garage, showing story pole impact on views from her dining room and deck during October 18-29, 2023) EXHIBIT B (Photo from dining room February 6, 2024 at 6:56 pm) EXHIBIT C (Letter from Shelterwerk) SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 1 September 18, 2023 Kris McClain 36 Anson Way Kensington, CA 94707 Re: McClain Appeals Dear Kris, We have researched the proposed addition at 40 Anson Way, Kensington, CA, and made determinations about its impacts in consideration o f Chapter 84-74 of the Contra Costa County Code, which lays the guidelines for building in Ken sington, as well as 84-4 of the Contra Costa County Code, which lays out additional guidelines for residential building not necessarily covered within the Kensington section of the code. To lay the foundation of our research on the impacts proposed construction at 40 Anson Way, we look at the purposes of the Kensington specific section of the Contra Costa County Code: 84-74.204 - Purpose and intent. (a) The purpose of this chapter is to provide specific regulation to fairly and efficiently implement the Contra Costa County general plan policies for the Kensington Area so that future development recognizes the rights of propert y owners to improve the value and enjoyment of their property while minimizing impacts upon surrounding neighbors and not substantially impairing the value and enjoyment of their neighbors' property; maintains the community's property values; and promotes the general welfare, public health and safety. (b) It is a further purpose of this chapter to promote the community's values of preservation of views, light and solar access, privacy, parking, residential noise levels and compatibility with the neighborhood with regard to bulk and scale (c) Features of a development that could influence these values include but are not limited to siting, size, bulk, building envelope, height, setbacks, relative scale, off-street parking spaces, window placement, artificial lighting and location of mechanical devices such as motors, fans and vents. Part (a) recognizes the right of homeowners to deve lop their properties, while minimizing any impacts on their neighbors’ property value, and whi le protecting the ability of their neighbors to enjoy their land. Parts (b) and (c) provide criteria for evaluating the impacts of development on neighboring properties. The proposed development at 40 Anson Way fails to minimize impacts as required by the code. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 2 The Building Exceeds the Number of Permissible Stor ies: Contra Costa County Code limits buildings to two st ories in Kensington. Section 82-4.266 of the code defines a story as follows: "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade at any point, such basement or cellar shall be considered a story. Per 84-4.802 of the municipal code, building height maximums are set by the following criteria: 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. Due to the existing habitable basement at 40 Anson Way - which includes an existing a bedroom, bathroom, and “office” with full kitchen –the additional proposed level constitutes an impermissible third level. The diagram on the right is what was submitted to the Planning Department. This lower level wasn’t omitted from the architect’s drawings, and it didn’t receive a comment, so maybe it slipped through the cracks, but it should compel the planners to reject the proposal or require a variance application. The Proposed Building Unreasonably Impairs Views: The proposed addition adds a large mass adjacent to the dining room window at 36 Anson Way. Panoramic views of the surrounding landscape are negatively impacted. The proposal submitted to the Planning Department provides an image noting views that will be impacted, but the vantage point from which the image was taken is a misrepresentation of reality. It appears to be zoomed in and possibly at a lower vantage point than what one would experience standing in front of the window. The following photo, looking from the backmost windows of 36 Anson Way show more SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 3 accurately the significant negative impact on views caused by the proposed addition at 40 Anson Way. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 O AKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 4 The Proposed Building Unreasonably Impairs Access to Daylight: The addition at 40 Anson Way will cast shadows towards and past its northern property line and onto the lot of 36 Anson Way due to its proximity to a shared property line. A study of cast shadows during the Winter Solstice shows that the lower level South-facing windows at 36 Anson Way will be shaded out from 9 am through noon, greatly diminishing solar access during the period of the year where access to the sun is at its greatest premium. Additionally, shadows will be cast through a large part of the rear yard, including over an existing greenhouse and the garden area leading up to it. The excessive height of the proposed building is unnecessary, impermissible, and creates significant problems for the residents of 36 Anson Way that the county should be taking into consideration. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 5 Large Size of the Home/Location of Addition/Utilization of Existing: The proposed addition at 40 Anson Way creates a hom e with the following amenities: · 5 bedrooms · 2 kitchens · 3 living spaces · 3.5 baths · 1 parking space The existing habitable lower level currently has a full bathroom, kitchen, a bedroom, and space that can be used for living. By connecting the main house to the basement, many of the same rooms in the proposed design can be accessed from the main level without the need for extensive new construction. Alternatively, if the owners of 40 Anson Way are in tent on building a third level, then moving the extension to the opposite side of the house would eliminate any shadowing and view impacts on 36 Anson Way, while having a much more limited impact on the neighbors at 44 Anson Way. PROPOSED PROJECT WITH 3RD FLOOR ADDITION THAT CREATES SHADOWS AND BLOCKS VIE WS SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 6 PROPOSED PROJECT WITH 3RD FLOOR ADDITION MOVED TO OTHER SIDE – OPTION 1 PROPOSED PROJECT WITH 3RD FLOOR ADDITION MOVED TO OTHER SIDE – OPTION 2 SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 O AKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 7 Sincerely, Heather Sanders-Jacob Ashwin Biln EXHIBIT D (Excerpts from Los Angeles Basin Hillside Ordinance) BASELINE HILLSIDE ORDINANCE – COMPREHENSIVE GUIDE 14 4.Height Limits. [§ 12.21 C.10.(d) of the LAMC] No portion of a Building or Structure shall be erected or enlarged which exceeds the envelope height limits as outlined in Table 5 – Maximum Height of Structures, or as otherwise stated in the paragraphs below. For the provisions below, whenever Grade is mentioned, it shall mean Hillside Area Grade as defined in the Definitions Section of this document (or Section 12.03 of the LAMC). Table 5 Maximum Height of Structures (in feet) Height Districts R1 RS RE9 RE11 RE15 RE20 RE40 RA When the roof of the uppermost story of a building or structure or portion thereof has a slope of 25% or greater, the maximum height for said portion of building or structure thereof shall be as follows: 1, 1L, & 1VL 33 33 33 36 36 36 36 36 1XL 30 30 30 30 30 30 30 30 1SS 22 22 22 22 22 22 22 22 When the roof of the uppermost story of a building or structure or portion thereof has a slope of less than 25%, the maximum height for said portion of building or structure thereof shall be as follows: 1, 1L, & 1VL 28 28 28 30 30 30 30 30 1XL 28 28 28 30 30 30 30 30 1SS 18 18 18 18 18 18 18 18 a.Measurement of Height. [§ 12.21 C.10.(d)(1) of the LAMC] Notwithstanding any other provision in the Code, the height limits in Table 5 – Maximum Height of Structures above shall be measured as set forth below. (1)Maximum Envelope Height. Envelope height (otherwise known as vertical height or “plumb line” height) shall be the vertical distance from the Grade of the site to a projected plane at the roof Structure or parapet wall located directly above and parallel to the Grade. Measurement of the envelope height shall originate at the lowest Grade within 5 horizontal feet of the exterior walls of a Building or Structure. 25% Roof Slope The 25% roof slope is a Southern California standard which is also commonly referred to as the 3:12 slope. This slope can be expressed as a ratio of 1 foot of vertical rise for every 4 feet of horizontal distance. In order to determine what the minimum height of the standard gabled roof, as measured from the top -plate of the building wall, simply divide the horizontal distance of the wall by 8. When a roof is made up of a combination of roof slopes, the portions of the structure with a roof slope less than 25% will be considered flat and as a result be required to comply with the lower height. BASELINE HILLSIDE ORDINANCE – COMPREHENSIVE GUIDE 15 At no point shall any given section of any part of the proposed Building or Structure exceed the maximum envelope height. A topographic map shall be submitted as a separate plan sheet or as part of the site plan identifying the 5- foot perimeter of the exterior walls, or any other information which the Department of Building and Safety deems necessary to determine compliance with this provision. b.Zoning Administrator’s Authority. [§ 12.21 C.10.(d)(2) of the LAMC] A Zoning Administrator may allow Structures which exceed the maximum envelope height requirements of Table 5 – Maximum Height of Structures; however, the increase in height may not result in a Building or Structure which exceeds an overall height of 45 feet, pursuant to the authority and procedures established in Section 12.24 X.28 of the LAMC. The overall height shall be measured from the lowest Elevation point within 5 horizontal feet of the exterior walls of a Building or Structure to the highest Elevation point of the roof Structure or parapet wall. c.Prevailing Height. [§ 12.21 C.10.(d)(3) of the LAMC] Notwithstanding the height limits in Table 5 – Maximum Height of Structures, when 40% or more of the existing One-Family Dwellings with Frontage on both sides of the block have Building heights exceeding these limits, the maximum envelope height for any Building on that block may be the average height of the Dwellings exceeding these limits. d.Lots in a Single-Story Height District. [§ 12.21 C.10.(d)(4) of the LAMC] As enabled by Section 12.21.1 A.1 of the LAMC, on Lots in a “SS” Single Story Height District, shown as “1SS” on a Zoning Map, no Building or Structure shall be erected or enlarged which exceeds one Story. Notwithstanding the provision in Section 12.21.1 A.8 of the LAMC, in determining the number of Stories, any Basement which is exempt from the Residential Floor Area calculation, as outlined in Section 12.03 of the LAMC, shall not be considered a Story. e.Lots Fronting on Substandard Hillside Limited Streets. [§ 12.21 C.10.(d)(5) of the LAMC] For any Lot fronting onto a Substandard Hillside Limited Street and subject to the 5-foot Front Yard setback, no portion of a Building or Structure within 20 feet of the Front Lot Line shall exceed 24 feet in height. The 24 foot maximum Building and Structure height shall be measured from the Elevation at the centerline or midpoint of the Street on which the Lot fronts. f.Unenclosed/Uncovered Rooftop Decks and Cantilevered Balconies. [§ 12.21 C.10.(d)(6) of the LAMC] Unenclosed/uncovered rooftop decks, cantilevered balconies and “visually permeable railing” (no more than 42 inches in height), may project beyond the maximum envelope height no more than 5 horizontal feet. For the purposes of this provision, “visually 5 Horizontal Feet Envelope Height EXHIBIT E (Berkeley Municipal Code section 23.106.060) EXHIBIT E (Corrected shadow study pointing out affected upper windows) CAST SHADOWS - WINTER SOLSTICE ANSON WAY EXISTING GREENHOUSE CAST SHADOW AT 9 AM CAST SHADOW AT NOON CAST SHADOW AT 3 PM 36 ANSON WAY LOCATION OF WINDOWS AT ADJACENT PROPERTY February 12, 2024 Attachment 3 CDDP23-03024 Applicant’s Appeal Response Adrian Veliz, Senior Planner Department of Conservation and Development Contra Costa county 30 Muir Road, Martinez, CA 94553 Via email (adrian.veliz@dcd.cccounty.us) March 22, 2024 Re: 40 Anson Way Appeal Hearing (CDDP23-03024) Dear Mr. Veliz, We appreciate the thorough staff report prepared in response to the appeal submitted by the law firm of Harper & Armstrong, LLP on behalf of Kris McClain. We write to correct for the record several false statements in the appeal letter, and to provide additional information for the Planning Commission’s context in considering the appeal. I. Neighbor Consultation Process Although we understand the consultation process with neighbors is at the discretion of a project applicant, and is not part of the County’s consideration on appeal, we are uncomfortable letting false accusations about the process stand unrebutted on the public record. Namely, Ms. Armstrong opens her appeal arguments by alleging: “The owners at 40 Anson Way have never, however, sought input from or discussion about the impacts on Kris McClain. When they first approached Ms. McClain, they requested her before-the-fact approval of a project for which they had no drawings. They denied her permission to come into their home to discuss the options and impacts.” (p. 3) Ms. Armstrong gets each one of these accusations entirely wrong, perhaps because she was not present at any of the discussions that took place. As shown in the attached contemporaneous email from our architect following a meeting to discuss our plans to meet with Ms. McClain, we proposed and attended the meeting at 36 Anson in entirely good faith. See Attachment 1. The goal was to understand what the sight lines were from 36 Anson so that we could consider how to modify the design to lessen the impact. We never requested “before-the-fact approval;” we clearly stated we were there to have a discussion. Our architect did bring plans, and laid them out on Ms. McClain’s dining room table. Ms. McClain complained she could not interpret those plans, so the architect pulled up additional plans on her laptop to look at. These were of the same quality as the final drawings submitted to the County, rather than being mere sketches as the appellant group has claimed. Finally, we certainly never “denied her permission to come into [our] home” and cannot imagine where this impression is coming from. When I learned that this was Ms. McClain’s belief through her statements before the Zoning Administrator, I immediately approached her after the meeting to 2 explain that she was absolutely welcome to come to our home to better understand why we had planned an addition on the north side of our house. In any event, we came away from the January 12, 2023 meeting with the understanding that Ms. McClain was opposed to any construction on the north side of our house, even if it were only one story. Nevertheless, we ultimately submitted plans that did not just “change the position of a balcony” as erroneously stated in the appeal (p. 3). Rather, the plans submitted omit a potential home office from the second story to allow for a smaller second story that allows for more southern and southwestern visibility from Ms. McClain’s south-facing windows and from her deck, and less of a shadow impact on her yard. This is a far more significant change than “the position of a balcony”: if we were to include the office in the design, we would be able to convert the basement space that we currently use for two home offices into an ADU and gain rental income. With the revised design, we will still need office space in the basement and forego what could have been a significant source of income to help fund the addition. To suggest that this does not represent a compromise is unfair and inaccurate. Finally, the appellant group has never approached us directly with any request or proposal to change the design of the project. Although the County sent out a copy of the submitted plans on June 1, 2023, we have never received any direct communication from our neighbor or her representatives. We received a September 18, 2023 letter from Shelterwerk Architects proposing alternative designs only because it was forwarded to us by the County. Of note, that letter did not propose a one-story design on the north side of the house, as is now proposed for the first time in Ms. Armstrong’s appeal. (We explained in a letter to the Kensington Municipal Advisory Council why the suggested approaches in Shelterwerk letter were unrealistic, and would not come close to meeting the goals of the project. See Attachment 2.) II. Goals of the Project As noted in the Staff Report, the Kensington Ordinance implementing the County’s General Plan policies “recognizes the rights of property owners to improve the value and enjoyment of their property” in addition to protecting the rights of neighbors. Section 84-74.204(a). The planned addition will vastly improve the value and enjoyment of our property if it proceeds as designed. It is something we have been considering since we bought the house more than a decade ago. We are grateful to have a lovely home in a beautiful neighborhood, but the current size and layout of our home presents several challenges for our family of four, with two boys ages 4 and 9. The main part of our house is 3BR 1BA and has just under 1,200 ft2 of living space on the main level.1 The separate area on the lower level is accessed only by going outside across the deck and down a set of stairs, and currently serves as two home offices.2 Tulley works fully remotely and is required to have a home office for his job. 1 Although the staff report states a larger square footage, Mr. Veliz confirmed over email dated March 19, 2024 that this was in error and includes the unfinished garage (392 ft2) as living space. 2 The lower level was added to the house during a 2004 remodel, prior to our purchase of the home in 2013. The appellant’s statement that the owner of 36 Anson bought her house in reliance that an additional story would not be built on our home makes no sense because, even if she were correct that an 3/20/24, 9:12 PM Gmail - Meeting summary https://mail.google.com/mail/u/1/?ik=9f8cabbc4e&view=pt&search=all&permmsgid=msg-f:1754306594147852174&simpl=msg-f:1754306594147852174 1/1 Elena Saxonhouse <elenasax@gmail.com> Meeting summary Cari R Jelen, Architect <crj@cari-designs.com>Fri, Jan 6, 2023 at 12:32 PM To: Tulley Rafferty <hobostew@gmail.com>, Elena Saxonhouse <elenasax@gmail.com> HI Folx, Just a quick summary- we discussed next steps of addressing your northern neighbor's concerns regarding her view to the south. The game plan is to go over with print outs of our possible designs and have a discussion to address her concerns. Some ways to minimize the height issues would be to do a split level or only partial 2-story addition, siting the second story in the least impactful space. Once we have an idea of her view/goals, we can do more schematic design and circle back with her. Our goal is to get her on board before having to go to a hearing. One thing that would be helpful is to have an approximate height difference between her living area story and yours, seeing as she is uphill. I would love to add that information to the drawings after the next round of design to allay her concerns. Let me know your/her availability, and we can go from there. Kind regards, Cari Cari Rosner Jelen, Architect she/they Check us out on Yelp! cari-designs.com 510-467-0768 ATTACHMENT 1 September 22, 2023 Re: 40 Anson Way, CDDP23-03024 (on September KMAC Meeting Agenda) Dear KMAC members, We write to respond to the letter from Shelterwerk Architects to Kris McClain, 36 Anson Way, forwarded to you by the County of Contra Costa Department of Conservation and Development. While we plan to make an oral presentation at the KMAC meeting next week, we thought it would be most efficient to respond to some of the assertions in the letter in advance. Permissible Stories • As our architect will explain at the upcoming meeting, the issue of the number of stories of our home with the addition did not “slip through the cracks.” (Shelterwerk letter, p. 2.) Rather, our architect directly addressed this issue with the assigned planner. The planner found that the home with planned addition is still properly characterized as a two-story home. The planner determined that the project does not require a variance for number of stories, or for any other reason. Impairment of Views • The Shelterwerk letter addresses the south-facing window at 36 Anson, but neglects to mention the unobstructed views of the San Francisco Bay and Golden Gate Bridge from 36 Anson, which would not be impacted by the proposed addition. The west-facing view pictured below is taken from the roof of 40 Anson Way, which approximates the height of the west-facing windows of 36 Anson Way. When taken in this context, the impact to the south-facing window will not “substantially impair” the value and enjoyment of 36 Anson. CCC Code 84-74.204(a). ATTACHMENT 2 • Even if the south-facing view were significant in the context of the unimpacted west- facing view, blocking it would not impair Ms. McClain’s enjoyment of her property for the simple reason that the shade of the south-facing window remains almost permanently down. We investigated this issue by placing a time-lapse camera in our backyard. Reviewing the footage, we were only able to identify one instance in which the shade was raised between the first day we began recording, July 12, 2023, and today’s date. It appears that the shade was raised for 10 minutes or fewer that day (September 2, 2023). This is consistent with our experience over the past nearly 10 years– we rarely have seen the shade of the impacted window raised in the entire time we have lived next door. We would be happy to present the time-lapse evidence to KMAC if you find it to be relevant. Characterization of 40 Anson and Proposed Addition • Shelterwerk’s characterization of our current home is misleading. The basement area, accessed by a separate entrance below the deck, is approximately 370 square feet, with two rooms and a bathroom. Though it has a wetbar and microwave, it is misleading to describe the outer room’s amenities as including a “full kitchen.” • Shelterwerk’s characterization of the home’s amenities post-addition is incorrect. The bedroom that is currently at the northwest corner of the house would become an office nook as it would be too small to be properly characterized as a bedroom and will lack a closet. Accordingly, there would be 4 bedrooms, not 5. It is also misleading to describe the basement’s amenities as including a “kitchen” and “living space,” bringing those totals to 2 and 3, respectively. • Post-addition, apart from the separately-accessed basement, our home will be similarly sized to Ms. McClain’s home (2,183 square feet for 40 Anson, compared with 1,952 square feet for 36 Anson, per Zillow). Proposed Alternative Designs • Building another story on top of the southern part of the house would appear to require a variance for 3 stories. • Building another story on top of the southern part of the house would block the Western facing view of our neighbors to the East. • It is unclear where staircases could be placed to the proposed alternative upper or lower levels, other than in the middle of our current kitchen, living room, or hallway to the bedrooms. • Building either staircase would substantially reduce the square-footage of our main level. • The proposal to solely build out the basement and current crawlspace for our addition would deprive us of the ability to capitalize on the western facing views of the Bay for which Kensington is known. • Both proposed alternatives would require us to move out of our home for the entire renovation, causing major disruptions and additional cost to our family of four with two young children. The proposed addition would allow us complete most of the construction without having to move out of our home. We look forward to sharing more next week about the proposed project and the changes we made prior to submitting the plans to reduce the impact on our neighbor at 36 Anson. Sincerely, Elena Saxonhouse Tulley Rafferty 40 Anson Way Kensington, CA 94707 cc: Adrian Veliz, Senior Planner ATTACHMENT 3 - West-facing view from 40 Anson roof (similar to unimpacted west-facing view from 36 Anson) Attachment 4 CDDP23-03024 CPC Staff Report with Exhibits Department of Conservation and Development County Planning Commission Wednesday, March 27, 2024 – 1:30 P.M. STAFF REPORT Agenda Item #_____ Project Title: 40 Anson Way Kensington Design Review Development Plan County File: CDDP23-03024 Appellant: Shona Armstrong Applicant/Owner: Cari Rosner Jelen (Applicant) / Elena Saxonhouse (Owner) Zoning/General Plan: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District / SH Single-Family Residential-High Density Site Address/Location: 40 Anson Way in the Kensington area of unincorporated Contra Costa County (APN: 572-233-012) California Environmental Quality Act (CEQA) Status: Categorical Exemption, CEQA Guidelines Section 15301(e)(2) Project Planner: Adrian Veliz, Senior Planner, (925) 655-2879 adrian.veliz@dcd.cccounty.us Staff Recommendation: Deny the Appeal and Uphold the Zoning Administrator’s Decision (See Section II for full recommendation) I. PROJECT SUMMARY This is an appeal of the Zoning Administrator’s decision to approve a Kensington Design Review Development Plan to allow a 993 square-foot two-story addition to the northern side of an existing single-family residence. County Planning Commission – March 27, 2024 CDDP23-03024 Page 2 of 21 II. RECOMMENDATION Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Planning Commission: A. DENY the appeal. B. FIND that the project is categorically exempt from CEQA under Section 15301(e)(2) of the CEQA Guidelines. C. UPHOLD the Zoning Administrator’s decision to approve County File CDDP23- 02034, based on the attached findings and subject to the attached conditions of approval. D. DIRECT staff to file a Notice of Exemption with the County Clerk. III. GENERAL INFORMATION A. General Plan: SH Single-Family Residential – High Density. B. Zoning: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District. C. California Environmental Quality Act (CEQA): CEQA Guidelines Section 15301(e)(2) Existing Structures, Class I exemption for additions to existing structures of no more than 10,000 square feet in an area that is not environmentally sensitive and where all public services and facilities are available for maximum development permissible in the General Plan. IV. BACKGROUND A. CDKR23-00010 Kensington Design Review Application: On May 11, 2023, the applicant submitted the CDKR23-00010 Kensington Design Review application for a two-story residential addition. A Notice of Intent to Render an Administrative Decision was sent to property owners within 300 feet of the subject parcel on June 1, 2023. CDD received a letter requesting a public hearing on June 7, 2023 from the neighboring property owner at 36 Anson Way, located adjacent to and north of the project site. In the letter, the neighboring property County Planning Commission – March 27, 2024 CDDP23-03024 Page 3 of 21 owner requested an opportunity to discuss the compatibility of the proposed addition and its impact on adjacent residences. B. CDDP23-03024 Kensington Design Review Development Plan: On July 11, 2023, the applicant submitted the application for the CDDP23-03024 Kensington Design Review Development Plan to allow staff to prepare and schedule a hearing before the Zoning Administrator (ZA) on the proposed two-story residential addition. C. Zoning Administrator Decision on the Kensington Design Review Development Plan: On February 5, 2024, the CDDP23-03024 Development Plan application was heard by the ZA. After considering the testimony provided at the public hearing from five persons, including the applicant, owner, an attorney for the neighboring property owner, an architect for the neighboring property owner, and the neighboring property owner, the ZA found the project to be compliant with the letter and spirt of the Kensington Combining District Ordinance, and with development standards regulating residential construction on the project site, and approved CDDP23-03024, as recommended by staff. D. Appeal of the Zoning Administrator Decision: An appeal of the Zoning Administrator decision was filed on February 14, 2024, within the 10-day appeal period by Shona Armstrong of Harper & Armstrong, on behalf of the neighboring property owner. V. SITE/AREA DESCRIPTION The property at 40 Anson Way is an 8,800 square-foot parcel located on the west side of Anson Way approximately 330 feet north of the intersection of Anson Way and Eureka Avenue. Eureka Avenue slopes downward to the west into the City of El Cerrito. The subject parcel slopes downward from northeast to southwest. The project neighborhood, including the subject parcel, is comprised of single-family residences. The terrain in this part of Kensington consists of moderate to steeply sloped hillsides. Generally, elevation increases north and east of the site, whereas areas south and west of the site are located downslope. Due to the topography of the area many homes in the neighborhood have distant views to the west of city skylines, the San Francisco Bay, Golden Gate Bridge and/or Bay Bridge. County Planning Commission – March 27, 2024 CDDP23-03024 Page 4 of 21 The subject parcel is rectangular in shape, having a width of 80 feet along Anson Way and a depth of 110 feet. The parcel includes an approximately 1,949 square- foot single-family residence that includes 1,576 square feet on the main floor and 373 square feet on a lower level, which was originally constructed in 1946. VI. PROJECT DESCRIPTION The applicant requests approval of a Development Plan to allow a 993 square -foot two-story addition on the northern side of the existing single-family residence behind an existing garage. Currently, the northern side of the existing residence is one-story and approximately 13 feet in height. The two-story addition would expand the residential footprint and increase the northerly height of the home to 24 feet. VII. APPEAL An appeal letter from Shona Armstrong on behalf of Kris McClain, the neighboring property owner at 36 Anson Way, was received on February 14, 2024. The appeal letter includes several exhibits including a letter dated September 18, 2023, from Heather Sanders-Jacob of Shelterwerk Architecture and Design, which is included in Exhibit 4, Staff Report for the February 5, 2024 Zoning Administrator Meeting (ZA Staff Report), as Attachment 6. The appeal is based on several appeal points, each of which is summarized below and followed by a staff response. A. Summary of Appeal Point #1: The proposed construction violates General Plan Policies for the Kensington Area by failing to reasonably protect Ms. McClain ’s residence with regard to views, design compatibility (including building bulk, size, and height), privacy, and access to sunlight. Staff Response: The project is consistent with General Plan Policies for the Kensington area, each of which is discussed specifically in Section VIII.A, Staff Analysis – General Plan Consistency. The appellant asserts that the project has view impacts, unnecessary building bulk, and impairs access to sunlight, in violation of these policies. The County adopted Chapter 84-74 of the County Ordinance Code, the Kensington Combining District Ordinance (Kensington Ordinance), with the expressed purpose to “provide specific regulation to fairly and efficiently implement the Contra Costa County General Plan policies for the Kensington area1”. In the following discussion staff evaluates the various respects 1 Kensington Ordinance Section 84-74.204(a) County Planning Commission – March 27, 2024 CDDP23-03024 Page 5 of 21 that the appellant contends the project conflicts with the provisions of the Kensington Ordinance. 1. Views: The appellant refers to photographs showing that the proposed addition, represented by story poles previously installed by the applicant, would block views of the City of Emeryville skyline from a southern-facing dining room window within 36 Anson Way. The ZA Staff Report in Exhibit 4 included the below photograph taken from this window by staff on October 20, 2023, and a discussion of the impact on views from this southern facing window. As noted in the ZA Staff Report, existing views from this window predominantly consist of neighboring residences and neighborhood trees that do not constitute a “view2” as defined by the Kensington Ordinance. During the public hearing held February 5, 2024, the owner of 36 Anson Way stressed to the ZA that her southerly views of Emeryville are typically of higher quality, and that the weather conditions on the date of CDD staff’s visit 2 Kensington Ordinance Section 84-74.404(r) County Planning Commission – March 27, 2024 CDDP23-03024 Page 6 of 21 adversely affected visibility. The ZA acknowledged that the project would obstruct views of Emeryville when viewed from the appellant’s dining room window and specified that this alone would not necessarily conflict with the Kensington Ordinance unless it was determined to be a substantial impact to the neighbor’s views. The appellant’s residence at 36 Anson Way includes several western facing windows which offer unobstructed views across the San Francisco Bay through the Golden Gate. The entire expanse of the Golden Gate Bridge, Angel Island, and Alcatraz Island are prominently visible from multiple vantage points within the appellant’s residence, including kitchen, living room, and bedroom areas located on the upper floor. Despite the relatively poor visibility on the date of staff’s visit, the aforementioned scenic features were immediately apparent on the western horizon. The photograph below provides additional context as to the quality of the viewing corridor to the west, as photographed by CDD staff from the rear yard at the southwestern corner of the appellant’s home on October 20, 2023. County Planning Commission – March 27, 2024 CDDP23-03024 Page 7 of 21 The upper floor of the appellant’s home includes four western facing windows and a sliding glass door, through which they presently enjoy westerly views. The proposed addition would have no impact whatsoever on the western facing view corridor depicted above, as viewed from any habitable area within the appellant’s home. Additionally, when standing directly in front of the appellant’s impacted southern facing window, westerly views towards the bay will remain unobstructed by the addition. The appellant’s existing westerly views are both more numerous and of objectively higher quality than that of their southerly views - in terms of scenic landscape, their visibility in less than ideal atmospheric conditions, as well as the lack of existing view obstructions. In approving the project at the public hearing of February 5, 2024, the ZA stated on multiple occasions that a project is not required to demonstrate “no impact” on neighboring properties to comply with the Kensington Ordinance, rather, he specified that some degree of impacts (view, privacy, solar access, or otherwise) are expected to arise from any new construction and that the Kensington Ordinance is designed to prevent substantial impacts, as determined by the County Zoning Administrator, and in the case of appeals, by the County Planning Commission and Board of Supervisors. Considering that the proposed addition to 40 Anson Way would only affect a relatively lower quality southerly view from an upstairs south-facing window, and that it does not impact the primary westerly views from several other habitable areas within the neighboring property owner’s home, the ZA found that the project would have a marginal impact on views enjoyed from appellants property. Therefore, the project is consistent with view protections codified in the Kensington Ordinance because it does not substantially degrade the quality of existing views, as enjoyed from several vantage points within habitable areas of the appellant’s home. 2. Design Compatibility: The appellant contends that the project creates an unnecessarily elevated mass that results in a sense of confinement and visual monotony. The appellant suggests that this can be remedied by redesigning the proposed project such that the second story is relocated to the opposite side of the residence (resulting in a need for a three-story variance), or in a single-story configuration occupying a larger footprint within the rear yard of the project site. Notably, the General Plan policies for the Kensington Area and the Kensington Ordinance only refer to “building bulk” in the context of neighborhood compatibility. The ZA Staff Report notes that the project vicinity consists of a mix of one- and two-story single-family residences. Accordingly, the design of the addition is consistent with the surrounding County Planning Commission – March 27, 2024 CDDP23-03024 Page 8 of 21 neighborhood, which includes two-story residences on immediately adjacent parcels to the north, south, east, and west. The adjacent two-story residences on Anson Way range from 1,578 to 2,881 square feet in habitable living space according to County Assessor’s Office data. The project would increase the habitable area of the existing home on the project site from approximately 1,949 square feet to 2,942 square feet, which is compatible with the observed range of homes in the immediate neighborhood. Additionally, the proposed two-story addition would have a height of 24 feet, which is substantially below the 35-foot maximum height for residential development in the R-6 Single- Family Residential District pursuant to Section 84-4.802 of the County Ordinance Code (County Code). The appeal letter does not object to the bulk of the building based on neighborhood compatibility, rather, it expresses the appellant’s preference for where the building bulk should be located. Therefore, the appeal point does not demonstrate that the ZA’s approval of the project is in conflict with General Plan policies for the Kensington area, or the Kensington Ordinance in terms of neighborhood compatibility. 3. Solar Access: The February 14, 2024 appeal letter reiterates concerns over impacts to solar access that were previously provided to staff in a letter from Heather Sanders-Jacob of Shelterwerk Architecture and Design, dated September 18, 2023, which is Attachment 6 of the ZA Staff Report in Exhibit 4. In response to this specific concern, the ZA clarified that he would consider a solar impact to be substantial if it affected a neighboring property “for much of the day through much of the year”. As such, the ZA did not find the concerns raised in the Shelterwerk letter, identifying only one day of the year when the project would prevent morning sunlight from entering a southern facing dining room window to be substantial in nature. An eastern facing window in the dining room will continue to allow morning sunlight into this area of the home, unobstructed by the project, throughout most of the year . The appeal letter reiterates the solar access concerns from the Shelterwerk letter and does not allege solar impacts to living space within appellant’s home beyond those already considered by the ZA. The appeal letter d oes not contest, nor mention, CDD staff’s analysis of solar access for the neighboring property, finding solar impacts to be negligible throughout most of the year based on the shadow analysis, which is Attachment 7 of the ZA Staff Report in Exhibit 4. CDD staff has further evaluated the project’s potential effect on solar access for the adjacent northern neighbor using a second web-based resource County Planning Commission – March 27, 2024 CDDP23-03024 Page 9 of 21 (https://shademap.app) that renders a three-dimensional model of an urban environment and allows for shadow analysis at a specific date/time at a specified location. Using a feature of the application that simulates new building mass, staff has added a wall to the rear of the existing garage at 40 Anson Way to simulate the height of the proposed second-story addition. Although the proposed addition will have a height of 24 feet, the renderings included in attachment 8 are for an addition 31 feet in height, to provide a conservative approximation of the potential shadow impact resulting from the project. The three-dimensional staff shadow analysis is included om Exhibit 5. Exhibit 5 supports staff’s earlier finding that the project impact to solar access would be negligible for most of the year, with no shading over the neighboring property owner’s dining room window whatsoever between the Vernal and Autumnal Equinoxes (March 21 through September 21). In the case of the Winter Solstice, the model indicates that the shadow cast from a 31-foot building would traverse the southern side of the neighboring home at 36 Anson Way between 9:00am-3:00pm, with potential shading of the upstairs dining room window occurring between the hours of 12:00pm to 3:00pm. Since the model shows that the shadow cast by the addition would be primarily limited to the lower level of the neighboring property owner’s home, it is reasonable to infer from Exhibit 5 that the project would not significantly obstruct sunlight from entering the appellant’s upstairs dining room window, even on the date of the Winter Solstice. Therefore, the evidence in the record does not support appellant’s claim that the project would result in substantial impacts to solar access enjoyed from habitable areas within their home. With regards to solar impacts to outdoor gardening areas, including an existing greenhouse on appellant’s property, the Kensington Ordinance specifies that “’solar access’ means a living area’s direct sunlight unobstructed by buildings or structures3”. Therefore, the provisions of the ordinance protecting solar access do not apply to these areas of the property. Based on the foregoing, the appeal point does not demonstrate substantial impacts to solar access that conflict with General Plan policies for the Kensington area or the Kensington Ordinance. 3 Kensington Ordinance Section 84-74.404(q) – emphasis added. County Planning Commission – March 27, 2024 CDDP23-03024 Page 10 of 21 B. Summary of Appeal Point #2: The building height violates the clear language of the law. Staff Response: The appellant contends that the project should be considered a third-story addition that is at variance with development standards for the R-6 Single-Family Residential District. The appellant correctly notes that a basement within the existing residence on the project site is considered a “story”, as defined under Section 82-4.266 of the County Code. The appellant asserts that the project should be considered a third-story addition since it would result in a home with three distinct levels on the project site, whereas Community Development Division (CDD) staff has consistently described the project as a two-story addition. The text of the relevant County Ordinances is provided below: • Section 84-4.214 (Building Height): “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 the natural grade. • 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. CDD staff does not consider the proposal to result in a three-story condition because the top level of the addition is positioned such that a vertical plane cannot intersect all three levels at any point within the home. In response to the assertion that the project constitutes a three-story variance, the ZA confirmed that the project complies with building height regulations. The ZA added that this determination is consistent with the way the CDD has routinely enforced building height regulations within unincorporated Contra Costa County for decades. Development standards for the R-6 District, including County Code Section 84- 4.802 (Building Height – Maximum), do not state that building height is to be measured in any manner other than that defined in Section 82-4.214 of the County Code. Thus, pursuant to County Code Section 82-4.214, the “building height” for the addition is “measured vertically from grade to the top of the structure directly above”. Sheet A3.6 of the project plans, included in Exhibit 3, County Planning Commission – March 27, 2024 CDDP23-03024 Page 11 of 21 clearly shows that the basement level is not in the area between grade and the top of the addition. Therefore, the basement is not counted for purposes of measuring “building height” for the proposed addition, based on the plain meaning of the words “from grade to the top of structure directly above”. Based on the above, staff finds no merit in appellants contention that CDD staff enforces building height regulations based on “secret, unwritten rules that work to [appellants] detriment”. The CDD consistently enforces building height regulations for all new construction based on the published provisions of the County Code. The appellants discussion of ordinances and interpretations from jurisdictions outside of Contra Costa County are not relevant considerations in CDD staff’s interpretation and enforcement of County Code Section 82-4.214, which provide clear direction on how building height is to be measured in unincorporated Contra Costa County. C. Summary of Appeal Point #3: The proposed project adversely affects Ms. McClain’s property values. Staff Response: The comments suggest that project-related impacts to views, solar access, and building bulk will cause the neighboring property owner to suffer unspecified loss of property value. As discussed in response to Appeal Point #1, the project will not result in a substantial obstruction of views or solar access for the northerly neighbor, and the project design is compatible with the neighborhood in terms of size, building bulk, and height. It is without question that the appellant’s home will continue to enjoy high quality views that positively contribute to the value of her home. The appellant does not provide any substantiation other than their stated opinion regarding the negative effect the project would have on the value of neighboring properties, if any. D. Summary of Appeal Point #4: The proposed project does not meet required standards. Staff Response: The project has been evaluated for consistency with development standards for the R-6 District, including minimum setback and side/rear yard requirements, and maximum building height, as specified in Chapter 84-4 of the County Code, and found to be compliant in all respects. Furthermore, the project has been evaluated for consistency with General Plan policies for the Kensington Area (Policies 3-211 through 3-215), as codified in Chapter 84-74 of the County Code (Kensington Ordinance). County Planning Commission – March 27, 2024 CDDP23-03024 Page 12 of 21 Based on CDD staff’s review of the applicable ordinances as they pertain to the proposed addition, the project was added to the February 5, 2024, Zoning Administrator agenda with a staff recommendation for approval. The ZA Staff Report included a detailed discussion of the appellant’s claims of project-related impacts to views and solar access, which had been previously raised in the September 18, 2023 Shelterwerk letter, which is Attachment 6 of the ZA Staff Report in Exhibit 4. The ZA addressed view and solar access impacts, and appellant’s claim that the project is at variance with building height regulations during the February 5, 2024 public hearing and found that the impacts described by the appellant did not amount to substantial impacts conflicting with the Kensington Ordinance, or any other provision of the County Code. The ZA approved the project as recommended by staff based on the findings and conditions of approval in the ZA Staff Report. The Kensington Ordinance is intended to balance “the rights of property owners to improve the value and enjoyment of their property while minimizing impacts upon surrounding neighbors, and not substantially impairing the value and enjoyment of their neighbor’s property4”. While acknowledging that the neighboring property owner would prefer an alternative design that would eliminate the northerly second story element of the proposed project and preserve all existing views/solar access presently enjoyed from her residence, the Kensington Ordinance does not preclude property owners from building in compliance with applicable development standards (including two-story additions) absent substantial impacts on neighboring property owners. The view impacts from the project would affect a southerly view from a single window in the neighboring property owner’s home at 36 Anson Way that offers intermittent fleeting views of Emeryville through surrounding residential development and neighborhood trees. The primary viewing corridor, towards which numerous upper-level windows in the neighboring property owner’s home are oriented, will maintain unobstructed views over the San Francisco Bay. The appellant’s stated concern with solar access impacts are specific to a single day of the year when the project would cast a shadow over the neighboring property during the morning hours immediately after sunrise. In consideration of the above and the detailed discussion of project compliance with applicable General Plan policies and zoning ordinances in response to Appeal Points #1 and #2, CDD staff does not agree that the project would result in significant impacts to the neighboring 4 Kensington Ordinance Section 84-74.204(a) -Emphasis added. County Planning Commission – March 27, 2024 CDDP23-03024 Page 13 of 21 property owner warranting redesign of the project pursuant to the Kensington Ordinance. E. Summary of Appeal Point #5: Specified findings for the planning division are not supported by the evidence. Staff Response: See the discussion regarding staff findings of project compliance with required standards in response to Appeal Point #4 above. F. Summary of Appeal Point #6: Revised plans do not reflect sensitivity to or consideration of Ms. McClain’s interests. Staff Response: CDD staff cannot characterize or attest to the nature of outreach made by the property owner to neighboring property owners that occurred prior to the submittal of either the Kensington Design Review application or the subsequent Kensington Design Review Development Plan application. The Kensington Ordinance requires CDD staff to evaluate a project’s consistency with its provisions, including those protecting views, solar access, privacy, and neighborhood compatibility. There are no codified provisions within the Kensington Ordinance requiring direct input from neighboring property owners. However, the Development Plan process allows neighboring property owners and their consultants to convey their concerns directly to staff for consideration during the planning process. Many of the concerns of the appellant were provided to staff in the September 18, 2023 Shelterwerk letter, which is included as an attachment to and discussed in the February 5, 2024 ZA Staff Report. The February 14, 2024 appeal letter does not claim any additional impacts beyond those previously evaluated by CDD staff and the ZA. Therefore, notwithstanding the appellant’s misgivings regarding communication amongst neighbors, the interests of the neighboring property owner were duly considered by CDD staff prior to recommending that the ZA approve the project. G. Summary of Appeal Point #7: 40 Anson Way could be developed in a manner that satisfies the applicant’s goals without having such significant impacts on Ms. McClain and her property. Staff Response: The appellant’s comments assert a preference for a single-story addition as a solution to stated concerns with the project. In addition to recognizing the rights of neighboring property owners to avoid substantial impacts, the Kensington Ordinance also recognizes the rights of the property County Planning Commission – March 27, 2024 CDDP23-03024 Page 14 of 21 owner to improve the value and enjoyment of their property. The proposed project is consistent with development standards for the R-6 District in all respects. Further, the ZA found the project to be consistent with the letter and spirit of the Kensington Ordinance in approving the project on February 5, 2024. The ZA did not consider the concerns raised by the appellant during the hearing, and reiterated in the February 14, 2024 appeal letter to be substantial enough to outweigh the property owner’s right to construct a two-story addition in conformance with height requirements for the R-6 District. The mere feasibility of a single-story configuration offering a similar increase in square footage does not preclude two-story development pursuant to the Kensington Ordinance, or any other provision of the County Code. VIII. STAFF ANALYSIS A. General Plan Consistency: The subject parcel at 40 Anson Way is located within the SH Single-Family Residential – High Density General Plan Land Use designation. The SH designation is intended to promote the orderly development of single-family residential neighborhoods. The project entails an addition to increase living area within an existing 1,949 square-foot single-family residence by 993 square feet. The proposed addition does not change the established residential use of the site, its residential density, or lot size. Thus, the single-family residential nature of the project does not conflict with the intent and purpose of the SH designation. The project is also subject to the Policies for the Kensington Area, Policies 3-211 through 3-215 of the General Plan Land Use Element. Collectively, these policies provide for reasonable review of new residential development with protection for existing residences in the Kensington community. New residential projects are evaluated for view impacts, design compatibility, privacy, and solar access. The project’s compliance with each of these policies is discussed below. Additionally, this report includes discussion of the proposed design, including view impacts, design compatibility, parking, privacy, and solar access, as required by General Plan policies for the Kensington area. Therefore, the project is consistent with General Plan Policies 3-211 through 3-215. County Planning Commission – March 27, 2024 CDDP23-03024 Page 15 of 21 Policy 3-211: Allow for the review of new residential development that provides reasonable protection for existing residences in the Kensington community with regard to: views, design compatibility (including building bulk, size, and height), adequate parking, privacy, and access to sunlight. This project was initially submitted to the CDD as administrative Kensington Design Review application CDKR23-00010. Upon the CDD’s receipt of a written request for a public hearing on the CDKR23-00010 application in response to public notifications associated therewith, the applicant submitted the current CDDP23-03024 Development Plan application in order to continue the planning process. The processing of this application, culminating in a decision at a noticed public hearing, provides reasonable protection for neighboring property owners by providing a process including public notification and allowing additional opportunities for concerned neighbors to comment on the project before a decision is made. As discussed in detail within Section VIII.B, Zoning Compliance, staff finds the proposed residential addition to be consistent and compatible with the surrounding neighborhood and does not anticipate that the addition would a substantial impact on views, privacy, or solar access for neighboring properties. Policy 3-212: Preservation of views of scenic natural features (e.g. Bay, mountains) and the developed environment (e.g., bridges, San Francisco skyline) should be incorporated into the review of development applications. Section 84-74.404(r) of the Kensington Ordinance defines “view” as “a scene from a window in habitable space of a neighboring residence. The term ‘view’ includes both up-slope and downslope scenes, but is distant or panoramic range in nature, as opposed to short range.” The subject parcel and neighboring parcels are situated on a western facing slope that descends steeply to the west towards the City of El Cerrito. The topography of the area is such that it allows many homes on the hillside to enjoy distant westerly views of city skylines, the San Francisco Bay, Golden Gate Bridge and/or Bay Bridge. On October 6, 2023, at the request of the Kensington MAC, the applicant installed story poles on the subject parcel in order to simulate the height and building mass of the proposed addition. On October 20, 2023, staff was permitted to view the story poles from two neighboring residences at 36 Anson Way (adjacent to and north of the subject parcel) and 39 Anson Way (across the street to the east of the subject parcel) in order to assess potential view impacts. Aesthetically, the proposed addition would have the greatest impact on a southern facing window on the second story of the residence at 36 Anson Way. Existing views from this southern County Planning Commission – March 27, 2024 CDDP23-03024 Page 16 of 21 facing window predominantly consist of neighboring residences and neighborhood trees. Since these existing views are not distant or panoramic in nature, they do not constitute a “view” as defined by the Kensington Ordinance. Based on the October 20, 2023, site visit, the proposed addition does not substantially degrade an existing “view” – as defined by the aforementioned County Ordinance – from within any neighboring residence. Therefore, the project preserves views in a manner consistent with Policy 3-212. Staff photographs depicting the story poles from neighboring residences are included in Exhibit 4, ZA Staff Report, as Attachment 5. Policy 3-213: Review proposed residential development for design compatibility with nearby development (e.g. building mass, height, mechanical devices) and provisions for adequate parking. The project neighborhood consists of a mix of one- and two-story single-family residences. Considering that two-story residences presently exist on immediately adjacent parcels to the north, south, east, and west, the building mass of the proposed two-story addition is consistent and compatible with the design of existing residential development in the vicinity. Additionally, the proposed addition would have a height of 24 feet, which is substantially less than the 35- foot maximum for residential development in the R-6 Single-Family Residential District pursuant to Section 84-4.802 of the County Code. Further, the existing two-car garage on the subject parcel meets the off-street parking requirement for the R-6 District pursuant to Section 84-4.1202 of the County Code. Therefore, based on the foregoing discussion, the project is considered compatible with existing development in the vicinity in terms of design, height, and the provision of adequate parking. Policy 3-214: New residential development will be reviewed against realistic impacts of privacy and sunlight on surrounding neighbors. Staff has evaluated the project to determine whether realistic impacts of privacy and sunlight would expectedly arise from the addition. This addition is not expected to affect the privacy or solar access on neighboring parcels to any significant degree, as previously discussed in detail in response to Appeal Point #1, and below in Section VIII.B.3 of the Zoning Compliance discussion below. County Planning Commission – March 27, 2024 CDDP23-03024 Page 17 of 21 Policy 3-215: Consideration will be given to review of non-residential development in the Kensington community with Policies 3-211 through 3-213 herein. The proposed project is a residential addition to an existing single-family residence. Thus, this policy does not apply. B. Zoning Compliance: The subject parcel is located in the R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, and -K Kensington Combining District. The proposed project does not involve removal or addition of any tree, and therefore, the regulations of the Tree Obstruction of Views Combining District do not apply to this application. The intent and purpose of the R-6 District is to facilitate orderly development and maintenance of high-density, single-family residential neighborhoods. The proposed residential addition conforms to all R-6 development standards (e.g. front setback, side and rear yards, building height, off- street parking). Therefore, the proposed addition to an existing single-family residence meets the intent and purpose of the R-6 District. The Kensington Combining District includes seven criteria for approval of the Development Plan. As detailed below, the project satisfies all seven criteria. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Finding: The project is a 993 square-foot two-story addition to the northern side of an existing single-family residence in the R-6 Single-Family Residential District. The proposed addition is in conformance with minimum setback, minimum side and rear yards, maximum building height, and minimum off- street parking requirements applicable to development in the R -6 District. Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District, absent substantial impacts to neighboring parcels in terms of views, privacy, or solar access. The property owners have indicated that the increased square-footage is necessary to accommodate the needs of their family, while also providing office areas to better accommodate working from home. Additionally, the proposed two-story configuration will allow for improved views of the San Francisco Bay and city skyline from within County Planning Commission – March 27, 2024 CDDP23-03024 Page 18 of 21 the existing residence, similar to those enjoyed by residents of numerous other properties in the immediate vicinity. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design. Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply. 3. Minimizing impacts upon surrounding neighbors. Finding: The project involves a two-story residential addition that is in conformance with all applicable development standards for the R-6 District. Section 84-74.204(b) of the Kensington Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below: • Privacy: The project proposes a two-story addition to the northern side of the existing single-family residence on the subject parcel. The neighboring property nearest to the proposed addition is the adjacent property to the north at 36 Anson Way. All upper-level windows of the residence at 36 Anson Way are oriented either towards the street to the east, or towards the scenic San Francisco Bay to the west. Since the addition does not include any northern or southern facing windows, the project would not substantially impair privacy for next door neighboring parcels, including the residence at 36 Anson Way. Therefore, the project minimizes privacy impacts upon surrounding neighbors. • Light and Solar Access: The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e. setbacks), size, and height. The project includes a two-story addition behind an existing garage on the northern side of the existing single-family residence on the subject parcel. The northern side of the existing residence is presently one- story and approximately 13 feet in height. The two-story addition County Planning Commission – March 27, 2024 CDDP23-03024 Page 19 of 21 would expand the residential footprint and increase the northerly height of the home to 24 feet. The proposed addition would be located at least 42 feet 8 inches and 63 feet 2 inches from the western rear and southern side property lines respectively, and even further from homes located to the east across Anson Way. Therefore, the project would be expected to have negligible impacts to light or solar access on neighboring properties to the south, east, and west of the subject parcel. The proposed addition would be located 8 feet 3 inches from the northern side property line (where 5 feet is the minimum required) and would be situated approximately 15 to 20 feet south of the existing adjacent residence to the north at 36 Anson Way. The 15 to 20 feet of separation between adjacent residences is typical for development in the R-6 District, where development standards allow for as little as 10 feet of separation. It is not uncommon for adjacent homes in the Kensington community to have less than 10 feet of separation due to lot dimensions and/or existing legal non-conforming residences constructed prior to the implementation of the County zoning code. Additionally, the 24-foot height of the proposed addition conforms to the 35-foot maximum permissible building height for residential development in the R-6 District. In a letter dated September 18, 2023, included in Exhibit 4, ZA Staff Report, as Attachment 6, the consultant to the owner of the neighboring adjacent property to the north at 36 Anson Way, expressed a concern, amongst others, that the project unreasonably impairs access to daylight by casting shadows on the 36 Anson Way property. The letter includes a diagram depicting shadows cast on the property at 9 AM, 12 noon, and 3 PM on the winter solstice, whereon the proposed addition is approximated to cast a shadow over the western portion of the 36 Anson Way residence and rear yard at 9am, and over the southernmost portions of this residence at noon. Notably, the shadow analysis provided by the neighbor’s consultant is limited to conditions expected at a specific time of year when the daylight hours are shortest (i.e. the sun rises later and sets earlier than any other date) and when the sun rises at its southernmost location in the sky. Using a web-based application (www.suncalc.org) that shows the County Planning Commission – March 27, 2024 CDDP23-03024 Page 20 of 21 movement of the sun for a certain date at a certain place, staff has prepared a Shadow Analysis (Exhibit 4, Attachment 7) to approximate the project’s effect on solar access for the summer solstice, and at the equinox. The shadow analysis shows the sun rising further to the north and higher in the sky throughout the rest of the year, and the extent of shadows cast on the northerly parcel are typically much less throughout the year than depicted by the consultant. Therefore, the project is not expected to affect the neighboring residence’s solar access to any significant degree. 4. Protecting the value and enjoyment of the neighbors’ property. Finding: As previously mentioned, the addition would not significantly block any views in the project neighborhood or decrease privacy or access to sunlight. Therefore, absent significant impacts on neighboring parcels, the addition would preserve the value and enjoyment of the neighbors’ property. 5. Maintaining the community’s property values. Finding: The project involves an addition to an existing single-family residence in an established residential neighborhood. The proposal does not involve an incompatible land use that would conflict with the surrounding residential community in a manner that may negatively affect property values. Additionally, the project does not substantially affect scenic views, privacy, or solar access for neighboring parcels to any significant degree. Therefore, the project maintains the community’s property values. 6. Maximizing the use of existing interior space. Finding: The existing single-family residence consists of a main floor at street level having approximately 1,576 square feet of living area and a 372 square foot two-car garage. A lower level beneath the southern end of the existing residence provides an additional 373 square feet of conditioned living space. There is no existing interior space within the residence that is not presently being utilized as part of the residence. Thus, the 993 square -foot increase in living space sought by the property owners could not feasibly be accomplished within the existing building envelope. Therefore, staff finds that the project maximizes the use of existing interior space. County Planning Commission – March 27, 2024 CDDP23-03024 Page 21 of 21 7. Promoting the general welfare, public health, and safety. Finding: The residential addition does not change the land use on the subject parcel and as described above, would have minimal impact on neighboring properties. The project’s compliance with applicable zoning standards and the requirement to obtain building permits will ensure that the addition does not present a hazard to public health and safety for the occupants or community at large. Thus, the project promotes the general welfare, public health, and safety of the Kensington community. IX. CONCLUSION Construction of the proposed residential addition is consistent with the SH Single- Family Residential-High Density General Plan Land Use designation and complies with the intent and purpose of the R-6 Single-Family Residential Zoning District and the -K Kensington Combining District. Therefore, staff recommends denying the appeal, and upholding the Zoning Administrator’s approval of Kensington Design Review Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to an existing single-family residence, subject to the attached findings and conditions of approval, which are is included as Exhibit 1. X. EXHIBITS Exhibit 1: Findings and Conditions of Approval Exhibit 2: Letter of Appeal received on February 14, 2024 Exhibit 3: Maps and Plans Exhibit 4: Staff Report for the February 5, 2024 Zoning Administrator Meeting Exhibit 5: 3D Shadow Analysis Exhibit 6: PowerPoint Presentation EXHIBIT 1 FINDINGS AND CONDITIONS OF APPROVAL County Planning Commission – March 27, 2024 CDDP23-03024 Page 1 of 8 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE CDDP23-03024; CARI ROSNER JELEN (APPLICANT), ELENA SAXONHOUSE (OWNER) FINDINGS A. Kensington Combining District Findings County Code Section 84-74.1206(b) requires a project within the Kensington Combining District to satisfy seven criteria to be approved. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Project Finding: The project is a 993 square-foot two-story addition to the northern side of an existing single-family residence in the R-6 Single-Family Residential District. The proposed addition is in conformance with minimum setback, minimum side and rear yards, maximum building height, and minimum off-street parking requirements applicable to development in the R-6 District. Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District, absent substantial impacts to neighboring parcels in terms of views, privacy, or solar access. The property owners have indicated that the increased square-footage is necessary to accommodate the needs of their family, while also providing office areas to better accommodate working from home. Additionally, the proposed two-story configuration will allow for improved views of the San Francisco Bay and city skyline from within the existing residence, similar to those enjoyed by residents of numerous other properties in the immediate vicinity. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design. Project Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply. 3. Minimizing impacts upon surrounding neighbors. Project Finding: The project involves a two-story residential addition that is in conformance with all applicable development standards for the R -6 District. Section County Planning Commission – March 27, 2024 CDDP23-03024 Page 2 of 8 84-74.204(b) of the Kensington Combining District Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below: • Privacy: The project proposes a two-story addition to the northern side of the existing single-family residence on the subject parcel. The neighboring property nearest to the proposed addition is the adjacent property to the north at 36 Anson Way. All upper-level windows of the residence at 36 Anson Way are oriented either towards the street to the east, or towards the scenic San Francisco Bay to the west. Since the addition does not include any northern or southern facing windows, the project will not substantially impair privacy for next door neighboring parcels, including the residence at 36 Anson Way. Therefore, the project minimizes privacy impacts upon surrounding neighbors. • Light and Solar Access: The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e. setbacks), size, and height. The project includes a two-story addition behind an existing garage on the northern side of the existing single-family residence on the subject parcel. The northern side of the existing residence is presently one-story and approximately 13 feet in height. The two-story addition will expand the residential footprint and increase the northerly height of the home to 24 feet. The proposed addition will be located at least 42 feet 8 inches and 63 feet 2 inches from the western rear and southern side property lines respectively, and even further from homes located to the east across Anson Way. Therefore, the project will have negligible impacts to light or solar access on neighboring properties to the south, east, and west of the subject parcel. The proposed addition will be located 8 feet 3 inches from the northern side property line (where 5 feet is the minimum required) and w ill be situated approximately 15 to 20 feet south of the existing adjacent residence to the north at 36 Anson Way. The 15 to 20 feet of separation between adjacent residences is typical for development in the R-6 District, where development standards allow for as little as 10 feet of separation. It is not uncommon for adjacent homes in the Kensington community to have less t han 10 feet of separation due to lot dimensions and/or existing legal non-conforming County Planning Commission – March 27, 2024 CDDP23-03024 Page 3 of 8 residences constructed prior to the implementation of the County zoning code. Additionally, the 24-foot height of the proposed addition conforms to the 35- foot maximum permissible building height for residential development in the R-6 District. In a letter dated September 18, 2023, the consultant to the owner of the neighboring adjacent property to the north at 36 Anson Way, expressed a concern, amongst others, that the project unreasonably impairs access to daylight by casting shadows on the 36 Anson Way property. The letter includes a diagram depicting shadows cast on the property at 9 AM, 12 noon, and 3 PM on the winter solstice, whereon the proposed addition is approximated to cast a shadow over the western portion of the 36 Anson Way residence and rear yard at 9am, and over the southernmost portions of this residence at noon. Notably, the shadow analysis provided by the neighbor’s consultant is limited to conditions expected at a specific time of year when the daylight hours are shortest (i.e. the sun rises later and sets earlier than any other date) and when the sun rises at its southernmost location in the sky. Using a web-based application (www.suncalc.org) that shows the movement of the sun for a certain date at a certain place, staff has prepared a Shadow Analysis to approximate the project’s effect on solar access for the summer solstice, and at the equinox. The shadow analysis shows the sun rising further to the north and higher in the sky throughout the rest of the year, and the extent of shadows cast on the northerly parcel are typically much less throughout the year than depicted by the consultant. Therefore, the project is not expected to affect the neighboring residence’s solar access to any significant degree. 4. Protecting the value and enjoyment of the neighbors’ property. Project Finding: As previously mentioned, the addition will not significantly block any views in the project neighborhood or decrease privacy or access to sunlight. Therefore, absent significant impacts on neighboring parcels, the addition will preserve the value and enjoyment of the neighbors’ property. 5. Maintaining the community’s property values. Project Finding: The project involves an addition to an existing single-family residence in an established residential neighborhood. The proposal does not involve a noncompatible land use that conflicts with the surrounding residential community in County Planning Commission – March 27, 2024 CDDP23-03024 Page 4 of 8 a manner that may negatively affect property values. Additionally, the project does not substantially affect scenic views, privacy, or solar access for neighboring parcels to any significant degree. Therefore, the project maintains the community’s property values. 6. Maximizing the use of existing interior space. Project Finding: The existing single-family residence consists of a main floor at street level having approximately 1,576 square feet of living area and a 372 square foot two- car garage. A lower level beneath the southern end of the existing residence provides an additional 373 square feet of conditioned living space. There is no existing interior space within the residence that is not presently being utilized as part of the residence. Thus, the 993 square-foot increase in living space sought by the property owners cannot feasibly be accomplished within the existing building envelope. Therefore, staff finds that the project maximizes the use of existing interior space. 7. Promoting the general welfare, public health, and safety. Project Finding: The residential addition does not change the land use on the subject parcel and as described above, will have minimal impact on neighboring properties. The project’s compliance with applicable zoning standards and the requirement to obtain building permits will ensure that the addition does not present a hazard to public health and safety for the occupants o r community at large. Thus, the project promotes the general welfare, public health, and safety of the Kensington community. D. Environmental Findings The 993 square-foot two-story addition to the northern side of an existing single- family residence is categorically exempt under CEQA Guidelines Section 15301(e)(2), which provides a Class 1 exemption for additions to existing structures of no more than 10,000 square feet in an area that is not environmentally sensitive and where all public services and facilities are available for maximum development permissible in the General Plan. CONDITIONS OF APPROVAL FOR COUNTY FILE CDDP23-03024 Project Approval 1. Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to the northern side of an existing single-family residence is APPROVED. County Planning Commission – March 27, 2024 CDDP23-03024 Page 5 of 8 2. The Development Plan approval describe above is based on the application and project plans received by the Department of Conservation and Development, Community Development Division (CDD) on July 11, 2023. 3. Any deviation from the approved plans shall require review and approval by the CDD and may require the filing of a new Kensington Design Review application. Building Permits 5. No construction is approved with this permit. Any construction at the subject parcel will require issuance of building permits from the Department of Conservation and Development, Building Inspection Division, prior to commencement of work. Application Costs 6. This application was subject to an initial application deposit of $3,000.00, which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of 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 from the date of approval, the application shall be charged interest at a rate of ten percent (10%). The applicant may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Construction All construction activity shall comply with the following restrictions, which shall be included in the construction drawings. 7. 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. County Planning Commission – March 27, 2024 CDDP23-03024 Page 6 of 8 8. 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. 9. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 10. 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 shall also be visible to ensure compliance with applicable regulations. 11. 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) County Planning Commission – March 27, 2024 CDDP23-03024 Page 7 of 8 For specific details on the actual date the State and Federal holidays occur, please visit the following websites: Federal Holidays: Federal Holidays (opm.gov) California Holidays: State Holidays (sos.ca.gov) 12. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, 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, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this 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 CDD within 90 days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. County Planning Commission – March 27, 2024 CDDP23-03024 Page 8 of 8 C. The applicant must submit building plans to the Kensington Fire Protection District and comply with its requirements. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District. D. The applicant is required to submit plans to the Stege Sanitary District for approval. Plans submitted for a building permit must receive prior approval and be stamped by the Sanitary District. E. The applicant is responsible for contacting the Health Services Department Environmental Health Division regarding its requirements and permits. F. The applicant is required to comply with the requirements of the East Bay Municipal Utility District. G. The applicant is responsible for contacting the Contra Costa Mosquito and Vector Control District regarding its requirements and permits. EXHIBIT 2 LETTER OF APPEAL RECEIVED ON FEBRUARY 14, 2024 Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 1 HARPER & ARMSTRONG, LLP 1634 Telegraph Ave., #3, Oakland, CA 94612 Phone: (510) 420-8455 ∙ Fax: (510) 858-5953 ∙ shona.armstrong@harperarmstrong.com By E-MAIL February 14, 2024 Adrian Veliz Senior Planner Department of Conservation and Development Contra Costa County 30 Muir Road Martinez, CA 94553 1-925-655-2879 Adrian.veliz@dcd.cccounty.us Re: 40 Anson Way (CDDP23-03024) Dear Mr. Veliz: I represent Kris McClain, the owner of 36 Anson Way, which is directly next door to 40 Anson Way. I write on Ms. McClain’s behalf to appeal from the recent Zoning Administrator decision to approve a Kensington Design Review Development Plan, which proposes a 993 square-foot “two-story” addition to the northern side of an existing single-family residence at 40 Anson Way (CDDP23-03024) despite Ms. McClain’s protests. As Ms. McClain has made clear at each level of hearing, pursuant to Contra Costa County Code section 26-2.2406(c): (1) The proposed project does not comply with the general plan and adversely affects her property rights. (2) The proposed project does not meet required standards. (3) Specified findings for the planning division are not supported by the evidence. The negative impacts created by the proposed project warranted two meetings of the KMAC, which culminated in a split decision. In the face of clear law prohibiting the approval of this three-story project and in the face of clear general plan violations that harm the property value of one of Kensington’s few Black homeowners at the expense of her neighbors, the Zoning Administrator erred by approving the application based on arbitrary, biased, uncodified grounds. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 2 I. The Design Review Approval Violates the General Plan and Disregards the loss of value to Ms. McClain’s Home. A. The proposed project violates the General Plan. The “General Plan Policies for the Kensington Area” appear at pages 3-98 to 3-100 of the General Plan: Policy #3-211 Allow for the review of new residential development that provides reasonable protection for existing residences in the Kensington community with regard to: views, design compatibility (including building bulk, size, and height), adequate parking, privacy, and access to sunlight. Policy #3-212. Preservation of views of scenic natural features (e.g., Bay, mountains) and the developed environment (e.g., bridges, San Francisco skyline) should be incorporated into the review of development applications. Policy #3-213. Review proposed residential development for design compatibility with nearby development (e.g., building mass, height, mechanical devices) and provisions for adequate parking. 3-214. New residential development will be reviewed against realistic impacts of privacy and sunlight on surrounding neighbors. 1. The proposed project specifically fails to reasonably protect Ms. McClain’s residence with regard to views, building bulk, size, height, privacy, and access to sunlight. a. Views The photos Ms. McClain has provided at Exhibit A and Exhibit B show the story poles blocking the view from the south-facing window of her dining room out over the Emeryville skyline. The General Plan specifically requires protection and preservation of views of the developed environment. Policy 3-212 provides examples of the bridges and the San Francisco skyline, but these are examples; they do not constitute an exclusive list of the views that merit conservation. The County Zoning Administrator explicitly and completely discounted Ms. McClain’s views of the Emeryville skyline, stating they simply do not count. The unnecessary Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 3 denigration of Emeryville is puzzling and betrays a condescending disregard for the views that Ms. McClain enjoys from her living space. b. Design compatibility/building mass unnecessarily impairs Kris McClain’s property. As Heather Sanders-Jacob has already explained in her letter dated September 18, 2024, which is attached hereto as Exhibit C and incorporated herein, the proposed project creates an unnecessarily elevated mass that allows the owners of 40 Anson Way to expand at the explicit and significant expense of Ms. McClain. Both owners could achieve their aims were 40 Anson Way to build and expand downward along the hillside to create the additional square footage they desire or even were they to move the expansion to the other side of their house. The owners at 40 Anson Way have never, however, sought input from or discussion about the impacts on Kris McClain. When they first approached Ms. McClain, they requested her before-the-fact approval of a project for which they had no drawings. They denied her permission to come into their home to discuss the options and impacts. The next time they approached Ms. McClain they presented her with a fait accompli. The planning department makes much of the fact that the owners revised their plans to change the position of a balcony, but that change was motivated by the owners’ own concerns. It was not a response to or an accommodation for the benefit of Ms. McClain, as they had never shown Ms. McClain the first round of drawings. Even as modified, the proposed obstruction damages Ms. McClain’s views and has tangible consequences for the value of her property. The diminished view significantly detracts from the appeal of the home to potential buyers or renters, thereby directly affecting its market value. Furthermore, the presence of a blank wall resulting from the proposed project creates a sense of confinement and visual monotony, diminishing the overall livability and enjoyment of the property. This issue extends beyond mere inconvenience; it constitutes a tangible loss of value and an infringement upon Ms. McClain’s rights as a homeowner to enjoy the full benefits of her property. c. The building height violates the clear language of the law. i. The language of the law provides an unambiguous definition of “story.” As previously explained, the proposed building exceeds the number of permissible stories. The proposal is within the SH zone of Kensington (Single Family Residential – High) Contra Costa County Code limits buildings to two stories in Kensingon. Section 82-4.266 of the code defines a story as follows: Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 4 “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of he topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade at any point, such basement or cellar shall be considered a story. Per 84-4.802 of the County Code, building height maximums are set by the following criteria: No single-family dwelling or other structure permitted in the R-6 [single family residential] district shall exceed two and one-half stories or thirty-five feet in height. All single-family residential districts within Contra Costa County have the same building height restrictions. See Contra Costa County Code sections 84-6.802, 84-8.802, 84-10.802, 84- 12.802, 84-14.802, 84-16.802, 84-18.802, 84-20.802. Because the basement story at 40 Anson Way is a habitable space that includes an existing bedroom, bathroom, and office with full kitchen, the additional proposed level pursuant to the clear language of the Contra Costa County Code constitutes an impermissible third level. The diagram below is what was submitted to the Planning Department. This lower level was not omitted from the architect’s drawing, and it should have compelled the planners to reject the proposal or require a variance application. ii. Long pattern and practice and an ongoing informal agreement to disregard the law cannot change the meaning of the words written in the code. The staff asserts repeatedly in written recommendations that the proposed project is a two- story building. The applicant asserts that the staff assured them the project would be processed Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 5 as a two-story building. The Zoning Administrator likewise asserts that the planning department has the leeway to interpret its code however it likes, and that the planning department always considers a project like this to be a two-story project, because the separate stories are not stacked atop one another. This interpretation appears groundless. The Zoning Administrator made comments arrogating to the planning department the power to enforce rules either beyond or in contradiction to the language of the law. These comments misconstrue and inflate the powers of the Planning and Conservation Department. The Department and its staff are to execute the laws, not to legislate by fiat. The code is clear. Where neither the language nor the statutory history of an ordinance is ambiguous, “there is no need to defer to [agency] interpretation.” Riddick v. City of Malibu, ___ Cal. App. ___, ____ (Feb 1, 2024) 2024 WL376305 (citing Advanced Real Estate Services, Inc. v. Superior Court, 196 Cal. App. 4th 338, 350 (2011); Department of Industrial Relations v. Occupational Safety & Health Appeals Board, 26 Cal. App. 5th 93, 106 (2018)). Here, there is no ambiguity concerning the meaning of the text, it is not composed of “ ‘technical, obscure, complex, open-ended’ ” language “ ‘entwined with issues of fact, policy, and discretion’ ” that would require resort to [the agency’s] specialized expertise. (Yamaha, supra, 19 Cal. 4th at p. 12, 78 Cal.Rptr.2d 1, 960 P.2d 1031.) [The agency] therefore “enjoy[s] no comparative advantage over a generalist court in interpreting the legal text at issue.” (California Veterinary Medical Association v. City of West Hollywood, (2007) 152 Cal. App. 4th 536, 556, 61 Cal.Rptr.3d 318.) Riddick v. City of Malibu (Cal. Ct. App., Feb. 1, 2024, No. B323731) 2024 WL 376305, at *5 (emphasis added). Other jurisdictions that legitimately apply the standard the Contra Costa County Planning Department applied here do so based on a Code or other publicly available guidance. For instance, in some jurisdictions, in which following the hillside’s natural contour allows the approving agency to deem a story not a story when not stacked one atop the other, the examples and diagrams within the ordinances or regulations depict possible scenarios in detail and explain the exceptions to the rules. Attached hereto as Exhibits D and E are guidance documents from Berkeley and Los Angeles, which show that it is very easy to publish transparent detailed guidance that does not leave architects and homeowners to guess about when and why an approving agency might simply (and in violation of the law) disregard its own published ordinances. Citizens rely on transparent, publicly available laws and regulations for setting their expectations about property purchases and making other important decisions. Publicly available, consistently enforced laws ensure that citizens cannot be ambushed by secret, unwritten rules that work to their detriment. Kris McClain bought her house secure in the fact that her views were protected, and she was entitled to set her expectations based on the clear language of the Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 6 law. If there is a law or regulation in Contra Costa County that provides an exception, no staff member or official has pointed it out. Pursuant to the language of the code there can be no argument. This project comprises three stories. Decades of disregarding the clear language of the code in practice does not change the language of the code. If the County truly wishes to count stories only when they are stacked atop each other, then the County must re-write its code to actually say that. d. Access to Sunlight The initial solar access study at the winter solstice depicts the time of the year during which Ms. McClain is most highly impacted (and the time of year when sunlight is most valued). The impacts on Ms. McClain are significant. From her upstairs living spaces, Ms. McClain will now be spending more time in the shadow of a blank wall rather than looking out over the skyline. The photos she has taken and attached as Exhibit A and B, particularly the photo taken in the evening when the sun is low (Exhibit B), along with the photos of the story poles, show the significant negative change she will experience due to loss of light. Evening light will be curtailed in Ms. McClain’s dining room. On February 4, 2024, there was a power outage from 11:00 AM- 7:30 PM. The sun started to go down around 4:30-5PM. Ms. McClain was able to continue working up until the sun was gone. She had a deadline and was able to able to make it without losing a day due to loss in power. If 40 Anson was built up as proposed, much of the light she used for the last hours of the day would have been blocked because of the large shadow the third story would have created. A corrected shadow study attached as Exhibit F is relabeled to depict more clearly that it is not only Ms. McClain’s downstairs windows that are affected, but also her upstairs dining room windows that will suffer significant loss of light. The Zoning Administrator discounted the shadow study because he erroneously presumed it only affected the downstairs windows in Ms. McClain’s garage (where, to be clear, she still uses and enjoys the light by growing many plants). The proposed addition will therefore impair Ms. McClain’s ability to nurture the collection of indoor plants she keeps in her dining room. In her own words: I got into plants in 2021. I have researched plants, their light, water, and placement needs. Each plant that I have is in its ideal spot, which was determined by their specific light requirements. The ones who require the most light, i.e, succulents and cactus plants, are under grow lights. The others depend on the morning sun which isn’t as harsh as the afternoon sun. They all rely on light to grow. I have a fiddle leaf fig that was in a 6 inch pot. She is now in a 20 inch pot. If you know anything about the fiddle leaf plant, you’ll know that this is a big deal. We all rely on the light coming from the dining room window. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 7 The Zoning Administrator Planner specifically stated the lower-level windows and accessory structures like the greenhouse aren’t protected items where solar access is concerned, but the new addition will also impair Ms. McClain’s ability to garden the space on the southern side of her house. She takes much joy and finds peace in her landscaping and gardening, and she is concerned about the limitations that the lack of sunlight will impose on her choice of plantings. She chose the spot for her greenhouse based on the rise and fall of the sun. It faces north and south to maximize the sunlight. She also uses her lower deck to read and barbeque. All of these activities will be impaired by the proposed addition’s negative impact on her sunlight. B. The proposed project adversely affects Ms. McClain’s property values. When members of the Kensington Municipal Advisory Council visited Ms. McClain’s property, they were impressed with her view and one member joked that his colleague could have such a view if her were willing to pay the price. It is common knowledge that the views create significant value. Ms. McClain’s view will be impaired, and her property value will suffer concomitant damage. In addition to loss of a portion of her view, Ms. McClain’s reduced access to sunlight and her new close proximity to a bulky new three-story building will affect her property value. II. The proposed project does not meet required standards. As explained above, the Contra Costa County Code is clear, and the proposed project violates that code with respect to building height, and with respect to considering access to sunlight, preservation of views of skylines, and design compatibility. See Exhibit C (Letter from Shelterwerk re McClain Appeals 2023-09-18.) III. Specified findings for the planning division are not supported by the evidence. As explained above, the County’s findings are not supported by the evidence, because the approval does NOT: (1) minimize impacts upon surrounding neighbors; (2) protect the value and enjoyment of the neighbors’ property; (3) maintain neighbors’ property values; or (4) promote the general welfare, public health, and safety, inasmuch as approving a project that violates the law as written leads to public confusion, abuse, and arbitrary decision making. IV. Revised plans do not reflect sensitivity to or consideration of Ms. McClain’s interests. The project applicant provided an initial design and then a revised design to the planning staff. The first proposed design had even more extreme impacts on Ms. McClain. The project applicant has misleadingly packaged this redesign as an accommodation to Ms. McClain. In reality, the project applicants redesigned their project without consultation with or input from Ms. McClain. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 8 V. 40 Anson Way could be developed in a manner that satisfies the applicants’ goals without having such significant impacts on Ms. McClain and her property. The owners of 40 Anson could remedy this problem by locating the addition on the southern side of their property or by considering a horizontal addition that would keep the entire home on a single level. Ms. McClain has been fighting for agency throughout this disempowering design review process. When neighbors can communicate and work together, the project can be improved and the neighborly relationship preserved without negatively impacting the end product. There is still a chance for this to happen here. VI. Conclusion The Kensington-specific section of the Contra Costa County Code provides that the purpose of the local ordinances is as follows: 84-74.204 - Purpose and intent. (a) The purpose of this chapter is to provide specific regulation to fairly and efficiently implement the Contra Costa County general plan policies for the Kensington Area so that future development recognizes the rights of property owners to improve the value and enjoyment of their property while minimizing impacts upon surrounding neighbors and not substantially impairing the value and enjoyment of their neighbors' property; maintains the community's property values; and promotes the general welfare, public health and safety. (b) It is a further purpose of this chapter to promote the community's values of preservation of views, light and solar access, privacy, parking, residential noise levels and compatibility with the neighborhood with regard to bulk and scale (c) Features of a development that could influence these values include but are not limited to siting, size, bulk, building envelope, height, setbacks, relative scale, off- street parking spaces, window placement, artificial lighting and location of mechanical devices such as motors, fans and vents. Part (a) recognizes the right of homeowners to develop their properties, while minimizing any impacts on their neighbors’ property value, and while protecting the ability of their neighbors to enjoy their land. Parts (b) and (c) provide criteria for evaluating the impacts of development on neighboring properties. The proposed development at 40 Anson Way fails to minimize impacts as required by the code, violates the General Plan, and unnecessarily robs Ms. McClain of her cherished property values. Appeal Letter - 40 Anson Way (CDDP23-03024) February 14, 2022 9 We invite you to arrange a visit to my client’s property to view the impact the project will have. I can be reached at shona.armstrong@harperarmstrong.com and 510-508-5017. Regards, Shona Armstrong EXHIBITS Exhibit A: Photos from Ms. McClain’s dining area, deck, and garage, showing story pole impact on views from her dining room and deck during October 18-29, 2023 Exhibit B: Photo from Ms. McClain’s dining room window Feb 6, 2024, at 6:56 pm Exhibit C: LTR from Shelterwerk re 40 Anson Way 2023-09-18 Exhibit D: Excerpts from Los Angeles Basin Hillside Ordinance Exhibit E: Berkeley Municipal Code section 23.106.060 Exhibit F: Corrected shadow study pointing out affected upper windows EXHIBIT A (Photos from Ms. McClain’s dining area, deck, and garage, showing story pole impact on views from her dining room and deck during October 18-29, 2023) EXHIBIT B (Photo from dining room February 6, 2024 at 6:56 pm) EXHIBIT C (Letter from Shelterwerk) SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 1 September 18, 2023 Kris McClain 36 Anson Way Kensington, CA 94707 Re: McClain Appeals Dear Kris, We have researched the proposed addition at 40 Anson Way, Kensington, CA, and made determinations about its impacts in consideration o f Chapter 84-74 of the Contra Costa County Code, which lays the guidelines for building in Ken sington, as well as 84-4 of the Contra Costa County Code, which lays out additional guidelines for residential building not necessarily covered within the Kensington section of the code. To lay the foundation of our research on the impacts proposed construction at 40 Anson Way, we look at the purposes of the Kensington specific section of the Contra Costa County Code: 84-74.204 - Purpose and intent. (a) The purpose of this chapter is to provide specific regulation to fairly and efficiently implement the Contra Costa County general plan policies for the Kensington Area so that future development recognizes the rights of propert y owners to improve the value and enjoyment of their property while minimizing impacts upon surrounding neighbors and not substantially impairing the value and enjoyment of their neighbors' property; maintains the community's property values; and promotes the general welfare, public health and safety. (b) It is a further purpose of this chapter to promote the community's values of preservation of views, light and solar access, privacy, parking, residential noise levels and compatibility with the neighborhood with regard to bulk and scale (c) Features of a development that could influence these values include but are not limited to siting, size, bulk, building envelope, height, setbacks, relative scale, off-street parking spaces, window placement, artificial lighting and location of mechanical devices such as motors, fans and vents. Part (a) recognizes the right of homeowners to deve lop their properties, while minimizing any impacts on their neighbors’ property value, and whi le protecting the ability of their neighbors to enjoy their land. Parts (b) and (c) provide criteria for evaluating the impacts of development on neighboring properties. The proposed development at 40 Anson Way fails to minimize impacts as required by the code. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 2 The Building Exceeds the Number of Permissible Stor ies: Contra Costa County Code limits buildings to two st ories in Kensington. Section 82-4.266 of the code defines a story as follows: "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade at any point, such basement or cellar shall be considered a story. Per 84-4.802 of the municipal code, building height maximums are set by the following criteria: 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. Due to the existing habitable basement at 40 Anson Way - which includes an existing a bedroom, bathroom, and “office” with full kitchen –the additional proposed level constitutes an impermissible third level. The diagram on the right is what was submitted to the Planning Department. This lower level wasn’t omitted from the architect’s drawings, and it didn’t receive a comment, so maybe it slipped through the cracks, but it should compel the planners to reject the proposal or require a variance application. The Proposed Building Unreasonably Impairs Views: The proposed addition adds a large mass adjacent to the dining room window at 36 Anson Way. Panoramic views of the surrounding landscape are negatively impacted. The proposal submitted to the Planning Department provides an image noting views that will be impacted, but the vantage point from which the image was taken is a misrepresentation of reality. It appears to be zoomed in and possibly at a lower vantage point than what one would experience standing in front of the window. The following photo, looking from the backmost windows of 36 Anson Way show more SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 3 accurately the significant negative impact on views caused by the proposed addition at 40 Anson Way. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 O AKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 4 The Proposed Building Unreasonably Impairs Access to Daylight: The addition at 40 Anson Way will cast shadows towards and past its northern property line and onto the lot of 36 Anson Way due to its proximity to a shared property line. A study of cast shadows during the Winter Solstice shows that the lower level South-facing windows at 36 Anson Way will be shaded out from 9 am through noon, greatly diminishing solar access during the period of the year where access to the sun is at its greatest premium. Additionally, shadows will be cast through a large part of the rear yard, including over an existing greenhouse and the garden area leading up to it. The excessive height of the proposed building is unnecessary, impermissible, and creates significant problems for the residents of 36 Anson Way that the county should be taking into consideration. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 5 Large Size of the Home/Location of Addition/Utilization of Existing: The proposed addition at 40 Anson Way creates a hom e with the following amenities: · 5 bedrooms · 2 kitchens · 3 living spaces · 3.5 baths · 1 parking space The existing habitable lower level currently has a full bathroom, kitchen, a bedroom, and space that can be used for living. By connecting the main house to the basement, many of the same rooms in the proposed design can be accessed from the main level without the need for extensive new construction. Alternatively, if the owners of 40 Anson Way are in tent on building a third level, then moving the extension to the opposite side of the house would eliminate any shadowing and view impacts on 36 Anson Way, while having a much more limited impact on the neighbors at 44 Anson Way. PROPOSED PROJECT WITH 3RD FLOOR ADDITION THAT CREATES SHADOWS AND BLOCKS VIE WS SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 6 PROPOSED PROJECT WITH 3RD FLOOR ADDITION MOVED TO OTHER SIDE – OPTION 1 PROPOSED PROJECT WITH 3RD FLOOR ADDITION MOVED TO OTHER SIDE – OPTION 2 SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 O AKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 7 Sincerely, Heather Sanders-Jacob Ashwin Biln EXHIBIT D (Excerpts from Los Angeles Basin Hillside Ordinance) BASELINE HILLSIDE ORDINANCE – COMPREHENSIVE GUIDE 14 4.Height Limits. [§ 12.21 C.10.(d) of the LAMC] No portion of a Building or Structure shall be erected or enlarged which exceeds the envelope height limits as outlined in Table 5 – Maximum Height of Structures, or as otherwise stated in the paragraphs below. For the provisions below, whenever Grade is mentioned, it shall mean Hillside Area Grade as defined in the Definitions Section of this document (or Section 12.03 of the LAMC). Table 5 Maximum Height of Structures (in feet) Height Districts R1 RS RE9 RE11 RE15 RE20 RE40 RA When the roof of the uppermost story of a building or structure or portion thereof has a slope of 25% or greater, the maximum height for said portion of building or structure thereof shall be as follows: 1, 1L, & 1VL 33 33 33 36 36 36 36 36 1XL 30 30 30 30 30 30 30 30 1SS 22 22 22 22 22 22 22 22 When the roof of the uppermost story of a building or structure or portion thereof has a slope of less than 25%, the maximum height for said portion of building or structure thereof shall be as follows: 1, 1L, & 1VL 28 28 28 30 30 30 30 30 1XL 28 28 28 30 30 30 30 30 1SS 18 18 18 18 18 18 18 18 a.Measurement of Height. [§ 12.21 C.10.(d)(1) of the LAMC] Notwithstanding any other provision in the Code, the height limits in Table 5 – Maximum Height of Structures above shall be measured as set forth below. (1)Maximum Envelope Height. Envelope height (otherwise known as vertical height or “plumb line” height) shall be the vertical distance from the Grade of the site to a projected plane at the roof Structure or parapet wall located directly above and parallel to the Grade. Measurement of the envelope height shall originate at the lowest Grade within 5 horizontal feet of the exterior walls of a Building or Structure. 25% Roof Slope The 25% roof slope is a Southern California standard which is also commonly referred to as the 3:12 slope. This slope can be expressed as a ratio of 1 foot of vertical rise for every 4 feet of horizontal distance. In order to determine what the minimum height of the standard gabled roof, as measured from the top -plate of the building wall, simply divide the horizontal distance of the wall by 8. When a roof is made up of a combination of roof slopes, the portions of the structure with a roof slope less than 25% will be considered flat and as a result be required to comply with the lower height. BASELINE HILLSIDE ORDINANCE – COMPREHENSIVE GUIDE 15 At no point shall any given section of any part of the proposed Building or Structure exceed the maximum envelope height. A topographic map shall be submitted as a separate plan sheet or as part of the site plan identifying the 5- foot perimeter of the exterior walls, or any other information which the Department of Building and Safety deems necessary to determine compliance with this provision. b.Zoning Administrator’s Authority. [§ 12.21 C.10.(d)(2) of the LAMC] A Zoning Administrator may allow Structures which exceed the maximum envelope height requirements of Table 5 – Maximum Height of Structures; however, the increase in height may not result in a Building or Structure which exceeds an overall height of 45 feet, pursuant to the authority and procedures established in Section 12.24 X.28 of the LAMC. The overall height shall be measured from the lowest Elevation point within 5 horizontal feet of the exterior walls of a Building or Structure to the highest Elevation point of the roof Structure or parapet wall. c.Prevailing Height. [§ 12.21 C.10.(d)(3) of the LAMC] Notwithstanding the height limits in Table 5 – Maximum Height of Structures, when 40% or more of the existing One-Family Dwellings with Frontage on both sides of the block have Building heights exceeding these limits, the maximum envelope height for any Building on that block may be the average height of the Dwellings exceeding these limits. d.Lots in a Single-Story Height District. [§ 12.21 C.10.(d)(4) of the LAMC] As enabled by Section 12.21.1 A.1 of the LAMC, on Lots in a “SS” Single Story Height District, shown as “1SS” on a Zoning Map, no Building or Structure shall be erected or enlarged which exceeds one Story. Notwithstanding the provision in Section 12.21.1 A.8 of the LAMC, in determining the number of Stories, any Basement which is exempt from the Residential Floor Area calculation, as outlined in Section 12.03 of the LAMC, shall not be considered a Story. e.Lots Fronting on Substandard Hillside Limited Streets. [§ 12.21 C.10.(d)(5) of the LAMC] For any Lot fronting onto a Substandard Hillside Limited Street and subject to the 5-foot Front Yard setback, no portion of a Building or Structure within 20 feet of the Front Lot Line shall exceed 24 feet in height. The 24 foot maximum Building and Structure height shall be measured from the Elevation at the centerline or midpoint of the Street on which the Lot fronts. f.Unenclosed/Uncovered Rooftop Decks and Cantilevered Balconies. [§ 12.21 C.10.(d)(6) of the LAMC] Unenclosed/uncovered rooftop decks, cantilevered balconies and “visually permeable railing” (no more than 42 inches in height), may project beyond the maximum envelope height no more than 5 horizontal feet. For the purposes of this provision, “visually 5 Horizontal Feet Envelope Height EXHIBIT E (Berkeley Municipal Code section 23.106.060) EXHIBIT E (Corrected shadow study pointing out affected upper windows) CAST SHADOWS - WINTER SOLSTICE ANSON WAY EXISTING GREENHOUSE CAST SHADOW AT 9 AM CAST SHADOW AT NOON CAST SHADOW AT 3 PM 36 ANSON WAY LOCATION OF WINDOWS AT ADJACENT PROPERTY February 12, 2024 EXHIBIT 3 MAPS AND PLANS Contra Costa County -DOIT GIS Legend 1:1,128 Notes0.00.02 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. General Plan Map Board of Supervisors' Districts City Limits Unincorporated General Plan SV (Single Family Residential - Very Low) SL (Single Family Residential - Low) SM (Single Family Residential - Medium) SH (Single Family Residential - High) ML (Multiple Family Residential - Low) MM (Multiple Family Residential - Medium) MH (Multiple Family Residential - High) MV (Multiple Family Residential - Very High) MS (Multiple Family Residential - Very High Special) CC (Congregate Care/Senior Housing) MO (Mobile Home) M-1 (Parker Avenue Mixed Use) M-2 (Downtown/Waterfront Rodeo Mixed Use) M-3 (Pleasant Hill BART Mixed Use) M-4 (Willow Pass Road Mixed Use) M-5 (Willow Pass Road Commercial Mixed Use) M-6 (Bay Point Residential Mixed Use) M-7 (Pittsburg/Bay Point BART Station Mixed Use) M-8 (Dougherty Valley Village Center Mixed Use) M-9 (Montalvin Manor Mixed Use) M-10 (Willow Pass Business Park Mixed Use) M-11 (Appian Way Mixed Use) M-12 (Triangle Area Mixed Use) M-13 (San Pablo Dam Road Mixed Use) M-14 (Heritage Mixed Use) CO (Commercial) OF (Office) BP (Business Park) LI (Light Industry) HI (Heavy Industry) AL, OIBA (Agricultural Lands & Off Island Bonus Area) CR (Commercial Recreation) ACO (Airport Commercial) LF (Landfill) PS (Public/Semi-Public) PR (Parks and Recreation) OS (Open Space) AL (Agricultural Lands) AC (Agricultural Core) DR (Delta Recreation) WA (Water) Contra Costa County -DOIT GIS Legend 1:1,128 Notes0.00.02 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Zoning Map Board of Supervisors' Districts City Limits Unincorporated Zoning R-6 (Single Family Residential) R-6, -FH -UE (Flood Hazard and Animal Exclusion) R-6 -SD-1 (Slope Density Hillside Development) R-6 -TOV -K (Tree Obstruction and Kensington) R-6, -UE (Urban Farm Animal Exclusion) R-6 -X (Railroad Corridor Combining District) R-7 (Single Family Residential) R-7 -X (Railroad Corridor Combining District) R-10 (Single Family Residential) R-10, -UE (Urban Farm Animal Exclusion) R-12 (Single Family Residential) R-15 (Single Family Residential) R-20 (Single Family Residential) R-20, -UE (Urban Farm Animal Exclusion) R-40 (Single Family Residential) R-40, -FH -UE (Flood Hazard and Animal Exclusion) R-40, -UE (Urban Farm Animal Exclusion) R-65 (Single Family Residential) R-100 (Single Family Residential) D-1 (Two Family Residential) D-1 -T (Transitional Combining District) D-1, -UE (Urban Farm Animal Exclusion) M-12 (Multiple Family Residential) M-12 -FH (Flood Hazard Combining District) M-17 (Multiple Family Residential) M-29 (Multiple Family Residential) F-R (Forestry Recreational) F-R -FH (Flood Hazard Combining District) F-1 (Water Recreational) F-1 -FH (Flood Hazard Combining District) A-2 (General Agriculture) A-2, -BS (Boat Storage Combining District) A-2, -BS -SG (Boat Storage and Solar Energy Generation) A-2 -FH (Flood Hazard Combining District) A-2, -FH -SG (Flood Hazard and Solar Energy Generation) A-2 -SD-1 (Slope Density Hillside Development) A-2, -SG (Solar Energy Generation Combining District) A-2 -X (Railroad Corridor Combining District) A-3 (Heavy Agriculture) A-3 -BS (Boat Storage Combining District) A-3, -BS -SG (Boat Storage and Solar Energy Generation) Contra Costa County -DOIT GIS Legend 1:1,128 Notes0.00.02 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Aerial 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 UP SITE7 PROJECT INFORMATIONABBREVIATIONS A.D. AREA DRAIN ADJ. . ADJUSTABLE A.F.F. ABOVE FINISHED FLOOR AGGR. AGGREGATE ASPH. ASPHALT ARCH. ARCHITECTURAL BLDG. BUILDING BLK. BLOCK BLKG. BLOCKING B.O. BOTTOM OF BW BOTTOM OF WALL CPT. CARPET CAB. CABINET C.J. CONSTRUCTION JOINT C.L. CENTER LINE CLOS. CLOSET CLG. CEILING CLR. CLEAR C.O. CLEAN OUT COL. COLUMN CONC. CONCRETE CONT. CONTINUOUS CSMT. CASEMENT C.T. CERAMIC TILE C.S. COUNTER SINK DEMO. DEMOLITION DET. DETAIL D.H. DOUBLE HUNG D.F. DOUGLAS FIR DIAG. DIAGONAL DIM. DIMENSION DWGS. DRAWINGS DN. DOWN DS. DOWNSPOUT (E) EXISTING E.J. EXPANSION JOINT EL. ELEVATION EQ. EQUAL EXT. EXTERIOR F.A. FIRE ALARM F.D. FLOOR DRAIN FIN. FINISH F.O.S. FACE OF STUD F.O.C. FACE OF CONCRETE F.O.A FACE OF WALL FTG. FOOTING GA. GAUGE GALV. GALVANIZED GL. GLASS GLU. LAM. GLUE LAMINATED G.S.M. GALV. SHEET METAL GYP. GYPSUM G.W.B. GYPSUM WALL BOARD H.B. HOSE BIBB HGT. HEIGHT H.M. HOLLOW METAL HOR. HORIZONTAL H.P HIGH POINT I.D. INSIDE DIAMETER INSUL. INSULATION INT. INTERIOR JST. JOIST J.BOX JUNCTION BOX LAB. LABORATORY LAM. LAMINATE LAV. LAVATORY LT. LIGHT MAX. MAXIMUM MECH. MECHANICAL MEMB. MEMBRANE MFR. MANUFACTURER MIN. MINIMUM MISC. MISCELLANEOUS M.O. MASONRY OPENING MTL. METAL MUL. MULLION A(N) NEW N.I.C. NOT IN CONTRACT NO. NUMBER NOM. NOMINAL N.T.S. NOT TO SCALE O.C. ON CENTER O.D. OUTSIDE DIAMETER O.H. OVERHEAD OPG. OPENING OPNG. OPENING OPP. OPPOSITE PROJECT ADDRESS: 40 ANSON WAY, KENSINGTON, CA 94707 APN : 572-233-012 ZONING DISTRICT : R6, -TOV, -K LOT SIZE: 8,800 SF CONSTRUCTION DATE: 1946 DWELLING UNITS: 1 PRIMARY SCOPE OF WORK • 2-STORY ADDITION ARCHITECT: CARI DESIGNS ARCHITECTURE 800 BANCROFT WAY SUITE 200 BERKELEY, CA 94710 CARI ROSNER JELEN crj@cari-designs.com 510-467-0768 OWNER: TULLEY RAFFERTY AND ELENA SAXONHOUSE 40 ANSON WAY KENSINGTON, CA 94707 hobostew@gmail.com 510-685-9514 SET BACK FRONT ALLOWABLE 20 FT EXISTING DEMO 14'-7 1/2" COMPLETE NO CHANGE--- NEW --- P.L. PROPERTY LINE P/L PLATE PLAS. PLASTER PLWD. PLYWOOD PR. PAIR PTD. PAINTED R. RISER R.D. RUN REFR. REFRIGERATOR REINF. REINFORCED RM. ROOM R.O. ROUGH OPENING RTG. RETAINING SAG SUPPLY AIR GRILL S.V. SHEET VINYL S.H. SINGLE HUNG SHT. SHEET SHTG. SHEATHING SPEC. SPECIFICATION SQ. SQUARE S.S. STAINLESS STEEL STAGG. STAGGERED. STD. STANDARD STL. STEEL STRUC. STRUCTURAL T. TREAD TC TOP OF CURB T&G TONGUE AND GROOVE THK. THICK T.W. TOP OF WALL TYP. TYPICAL U.O.N. UNLESS OTHERWISE NOTED VERT. VERTICAL V.I.F VERIFY IN FIELD W/ WITH W.C. WATER CLOSET WD. WOOD W/H WATER HEATER W.P. WATERPROOF W.PT WORK POINT YD. YARD STATE CODES: 2022 CALIFORNIA BUILDING CODE 2022 CALIFORNIA ENERGY CODE 2022 CALIFORNIA CALGREEN 2022 CALIFORNIA ELECTRICAL CODE 2022 CALIFORNIA PLUMBING CODE 2022 CALIFORNIA MECHANICAL CODE 2022 CALIFORNIA FIRE CODE LOCAL CODES : CONTRA COSTA CODE KENSINGTON PLANNING ORDINANCE CODE REQUIREMENTS SIDE 14'-2 1/2" / 8'-3" 22'-5 1/2" AGG. 14'-2 1/2" / 7'-3" 21'-5 1/2" AGG.--- 7'-3" 5 FT / 15 FT AGGREGATE REAR 15 FT 55'-0" NO CHANGE--- --- HEIGHT IN FEET 35 20'-0 1/2" +/- 2 24'-0" 2--- --- --- 24'-0" 2.5 HEIGHT STORIES 1 MIN. 2 NO CHANGE--- --- PROJECT TEAM PARKING - MIN SIZE 9'-0" X 19'-0" AND SHALL BE ENTIRELY OUTSIDE OF SETBACK 3300 OR KMAC HEARING 2,368.6 3,292.270 992.6 GROSS FLOOR AREA PER 84-74.404 (SEE SHEET A0.4 FOR BREAKDOWN) GROSS FLOOR AREA HEARING THRESHOLD CALCULATION PER 84-74.802: THRESHOLD = PARCEL AREA X 0.540-0.00002(PARCEL AREA) AND INCREASED TO THE NEXT HIGHEST ONE HUNDRED UNLESS EVENLY DIVISIBLE BY ONE HUNDRED THRESHOLD = 8,800 X 0.540-0.00002(8800) = 3,203 GROSS FLOOR AREA HEARING THRESHOLD IS 3,300 SQ FT NA 2,082 SF 2,717 SF--- 635 LOT COVERAGE 15' - 0" REAR SETBACK SETBACK5' - 0" SIDESETBACK10' - 0" SIDE20' - 0" FRONT SETBACK 42' - 8" TO DECK 54' - 5 1/2"TO BLDG8' - 3"14' - 1" TO EAVE 21' - 0" TO EAVE 13' - 8" TO EAVECONC. DRIVEWAY LANDSCAPING WALKWAY LANDSCAPING LANDSCAPING CONC. DRAINAGE SWALE A N S O N W A Y(E) SINGLE FAMILY RESIDENCE (E) PERGOLA (E) DECK (E) GARAGE (E) FENCE W/ GATE (E) FENCE W/ GATE PORCH LANDSCAPING TO EAVE7' - 9 1/2"42' - 1 1/2" TO EAVE 42' - 8" TO BLDG (P) STAIRS TO (E) BLDG8' - 3"TO (E) EAVE8' - 1 1/2"AREA OF WORK (P) ADDITION AN APPROVED SEISMIC GAS SHUT-OFF DEVICE OR VALVE, OR AN APPROVED EXCESS FLOW GAS SHUT-OFF DEVICE OR VALVE SHALL BE INSTALLED DOWNSTREAM OF THE GAS UTILITY METER AT THE BEGINNING OF EACH RIGID GAS PIPING SYSTEM 14' - 2 1/2" TO BLDG21' - 1 1/2" TO BLDG 14' - 7 1/2" TO BLDG 70° 46' 00" 110.00' S W19° 14' 00"80.00'NW70° 46' 00" 110.00' S W 19° 14' 00"80.00'SEproject name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : COVER SHEET 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A0.1 2229 EP CRJ 05/25/2023 NTS APN MAP2 DRAWING LIST ARCHITECTURE A0.1 COVER SHEET A0.2 (E) SITE A0.3 (P) 3D VIEWS A0.4 GROSS FLOOR AREA PLANS A2.1 (E) PLANS A2.2 (P) PLANS A3.1 (E) & (P) ELEVATIONS A3.2 (E) & (P) ELEVATIONS A3.3 (E) & (P) ELEVATIONS A3.4 (E) & (P) ELEVATIONS A3.5 (E) & (P) SECTIONS A3.6 (E) & (P) SECTIONS 1/8" = 1'-0" (P) SITE PLAN1 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 TRUE UP UP 55' - 0" TO BLDG 14' - 7 1/2" TO BLDG 21' - 2" TO BLDG 14' - 2 1/2" TO BLDGTO BLDG8' - 3"15' - 0" REAR SETBACK SETBACK5' - 0" SIDESETBACK10' - 0" SIDE20' - 0" FRONT SETBACK 42' - 8" TO DECK 54' - 5 1/2" TO EAVE TO EAVE8' - 1 1/2"14' - 1" TO EAVE 21' - 0" TO EAVE 13' - 8" TO EAVECONC. DRIVEWAY LANDSCAPING WALKWAY LANDSCAPING LANDSCAPING CONC. DRAINAGE SWALE A N S O N W A Y(E) SHED (E) SINGLE FAMILY RESIDENCE (E) PERGOLA (E) DECK (E) GARAGE (E) FENCE W/ GATE (E) FENCE W/ GATE PORCH LANDSCAPING 55' - 0" TO BLDG 19° 14' 00"80.00'NW70° 46' 00" 110.00' S W 19° 14' 00"80.00'SE70° 46' 00" 110.00' S W TREE AT APPROXIMATELY 50 EUREKA AVE - SHORT RANGE VIEW TREES AT APPROXIMATELY 704 HANCOCK WAY - SHORT RANGE VIEW EMERYVILLE TREE AT APPROXIMATELY 704 HANCOCK WAY - SHORT RANGE VIEW GOLDEN GATE BRIDGE ANGEL ISLAND ALCATRAZ ISLAND BASE OF MOUNT TAM project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) SITE 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A0.2 2229 EP CRJ 05/25/2023SITAETSLNECCNOCFOFILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 1/8" = 1'-0" (E) SITE PLAN2 APPROXIMATE NEIGHBOR VIEW TO SOUTHW EST (IMPACTED) APPROXIMATE PARTIAL NEIGHBOR VIEW TO WEST (UN-IMPACTED) TRUE IMPACTED WINDOW IMPACTED WINDOW project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (P) 3D VIEWS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A0.3 2229 EP CRJ 05/25/2023 3D VIEW - PROPOSED DESIGN AFTER NEIGHBOR OUTREACH1 3D VIEW - INITIAL PROPOSED DESIGN2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 EXISTING LOWER LEVEL 372.94 SF4' - 0"EXISTING LOWER LEVEL COVERED PATIO 292.40 SF 12' - 4" EXISTING MAIN LEVEL 1575.70 SF EXISTING MAIN LEVEL PORCH 127.59 SF PROPOSED MAIN LEVEL ADDITION 607.12 SF PROPOSED UPPER LEVEL ADDITION 385.48 SF LOWER LEVEL RESIDENCE EXISTING 372.94 SF COVERED PATIO DEMO --- PROPOSED --- FINAL 372.94 SF 292.40 SF 70.00 SF --- 222.40 SF MAIN LEVEL RESIDENCE 1,575.70 SF PORCH --- 607.12 SF 2,182.82 SF 127.59 SF --- --- 127.59 SF UPPER LEVEL RESIDENCE --- --- 385.48 SF 385.48 SF 2,368.63 SF 70.00 SF 992.60 SF 3,291.23 SFPROJECT TOTAL GROSS FLOOR AREA CHART EXISTING LOWER LEVEL 372.94 SFPROPOSED LOWER LEVEL COVERED PATIO 222.40 SF PROPOSED LOWER LEVEL LANDSCAPING 70.00 SF project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : GROSS FLOOR AREA PLANS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A0.4 2229 Author Checker 05/25/2023SITAETSLNECCNOCFOFILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 1/8" = 1'-0" (E) LOWER LEVEL - GROSS FAR PLAN1 1/8" = 1'-0" (E) MAIN LEVEL GROSS FAR PLAN21/8" = 1'-0" (P) MAIN LEVEL - GROSS FAR PLAN4 1/8" = 1'-0" (P) UPPER LEVEL - GROSS FAR PLAN5 1/8" = 1'-0" (P) LOWER LEVEL - GROSS FAR PLAN3 DN DN 1 3 4 6 A B C D 5 A3.2 1 A3.3 1 A3.4 1 A3.11 1 A3.5 (E) GARAGE (E) BEDROOM 2 (E) BEDROOM 1 (E) BEDROOM 3 (E) BATH (E) LIVING / DINING (E) DECK (E) PORCH 33' - 0"17' - 0"11' - 2"13' - 0"6' - 5"20' - 11"12' - 4"11' - 0"18' - 7"20' - 0 1/2" (E) KITCHEN 5"2"1" 1/2"1"8'-0" 8'-0" 8'-0" 8'-0" SLOPED 8'-0" (E) HALL 8'-0" SLOPED (E) BEAM ABOVE (E) EDGE OF SLOPED CEILING ABOVE 2 8' - 9 1/2" W/D 15' - 7 1/2"3' - 11"7' - 7 1/2"6' - 6 1/2"6' - 6"17' - 8"20' - 8"18' - 11 1/2"1 A3.6 9' - 7"(E) SLOPE: 1/4" PER FT VIF 1 3 4 C D 5 A3.3 1 A3.4 1 (E) CRAWL SPACE (E) BEDROOM (E) OFFICE (E) BATH 11' - 10"10' - 9"14' - 7" 2" 7'-9 1/2" 7'-9 1/2" 7'-9 1/2" 2 15' - 7 1/2"3' - 11"7' - 7 1/2"6' - 6 1/2" 1 A3.6 (E) PATIO RETAINING WALL LINE OF DECK ABOVE (E) SITE STAIRS project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) PLANS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A2.1 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) MAIN LEVEL11/4" = 1'-0" (E) PARTIAL LOWER LEVEL2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 TRUETRUE UP DN 1 3 4 6 A B C D 52 2 A3.6 2 A3.5 (E) GARAGE (E) BEDROOM 2 (E) BEDROOM 1 (E) BATH (E) LIVING / DINING (E) DECK (E) PORCH 33' - 0"17' - 0"11' - 2"13' - 0"6' - 5"20' - 11"11' - 0"18' - 7"(E) KITCHEN 5"2"1"1"8'-0"8'-0" 8'-0" 8'-0" SLOPED 8'-0" (E) HALL 8'-0" SLOPED (E) BEAM ABOVE (E) EDGE OF SLOPED CEILING ABOVE 8' - 9 1/2" W/D 15' - 7 1/2"3' - 11"7' - 7 1/2"6' - 6 1/2"6' - 6"17' - 8"20' - 8"18' - 11 1/2"7 3/4" MAX FAMILY ROOM 1/2 BATH A3.2 2 28' - 3 1/2" 27' - 11" 3' - 0"6' - 4"9' - 1"9' - 1"A3.12 A3.4 2 A3.3 2 4 A3.5 (P) OFFICE / ALCOVE 9' - 7"8'-0" 3 A3.5 SLOPED SLOPED 11' - 9 1/2" DINING RM 4' - 6"8' - 0" LEVEL LANDING INFILL DECK @ (E) STAIRS DESK BOOKCASE 1"7-3/4"19' - 2 1/2" PROPOSED ADDITIONCABINETRY 9' - 0" (E) SLOPE: 1/4" PER FT VIF 1 3 A B 2 2 A3.6 2 A3.5 PRIMARY BEDROOM A3.2 2 BATH WIC5' - 10"5' - 10"4 A3.5 15' - 7 1/2" 10' - 7 1/2"7' - 11" 3' - 0" 3 A3.5 SLOPED BENCH6' - 0"11' - 8"20' - 2" PROPOSED ADDITION C D A3.4 2 (E) CRAWL SPACE (E) BEDROOM (E) OFFICE (E) BATH 11' - 10"10' - 9"14' - 7" 2" 7'-9 1/2" 7'-9 1/2" 7'-9 1/2" (E) PATIO RETAINING WALL LINE OF DECK ABOVE (E) SITE STAIRS (N) 70 SF LANDSCAPED AREA project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (P) PLANS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A2.2 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (P) MAIN LEVEL1 1/4" = 1'-0" (P) UPPER LEVEL2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 TRUE TRUE 1/4" = 1'-0" (P) PARTIAL LOWER LEVEL3 TRUE MAIN LEVEL 0" ABCD 1 A3.5 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" (E) SHINGLE ROOF (E) BOARD & BATTEN WD SIDING (E) STUCCO 4.5 12 4.5 12 UPPER LEVEL 9' - 0" MAIN LEVEL 0" ABCD MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" UPPER LEVEL 9' - 0" 2 A3.5 UPPER LEVEL PLATE HEIGHT 17' - 0" (E) SHINGLE ROOF (E) BOARD & BATTEN WD SIDING (E) STUCCO 4.5 12 4.5 12 STUCCO @ (P) ADDITION BEHIND GARAGE TO MATCH (E) STUCCO project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) ELEVATIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.1 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) EAST ELEVATION1 1/4" = 1'-0" (P) EAST ELEVATION2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" 134652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" (E) STUCCO (E) SHINGLE ROOF 4.5 12 4.5 124.5 12 (E) GABLE VENT 1 A3.6 UPPER LEVEL 9' - 0" MAIN LEVEL 0" 134652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 2 A3.6 UPPER LEVEL 9' - 0" UPPER LEVEL PLATE HEIGHT 17' - 0" (E) STUCCO (E) SHINGLE ROOF 4.5 12 4 A3.5 3 A3.5 7 3/4" MAX23' - 9" MAX HEIGHTSTUCCO @ (P) ADDITION TO MATCH (E) STUCCO CLASS B ROOFING TO MATCH (E) project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) ELEVATIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.2 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) NORTH ELEVATION1 1/4" = 1'-0" (P) NORTH ELEVATION2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" A B C D 1 A3.5 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" (E) SHINGLE ROOF (E) STUCCO (E) WD PERGOLA (E) WD DECK AND RAIL (E) CONC. WALL PROPERTY LINE (E) FENCE 4' - 0" MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" A B C D MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" UPPER LEVEL 9' - 0" 2 A3.5 UPPER LEVEL PLATE HEIGHT 17' - 0" (E) WD PERGOLA (E) WD DECK AND RAIL (E) CONC. WALL3' - 4"4.5 12 4.5 12 4.5 12 4.5 12 24' - 0" MAX HEIGHTSTUCCO @ (P) ADDITION TO MATCH (E) STUCCO PROPERTY LINE (E) FENCE (P) LANDSCAPING project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) ELEVATIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.3 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) WEST ELEVATION1 1/4" = 1'-0" (P) WEST ELEVATION2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" 1 3 4 652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 4.5 12 4.5 12 (E) SHINGLE ROOF (E) BOARD & BATTEN WD SIDING (E) STUCCO (E) CONC. FOUNDATION WALL (E) GABLE VENT 1 A3.6 20' - 0 1/2" +/- MAX (E) BLDG HEIGHTMAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" 1 3 4 652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 2 A3.6 UPPER LEVEL 9' - 0" UPPER LEVEL PLATE HEIGHT 17' - 0"20' - 0 1/2" +/- MAX (E) BLDG HEIGHT4.5 12 4.5 12 (E) SHINGLE ROOF (E) BOARD & BATTEN WD SIDING (E) STUCCO (E) CONC. FOUNDATION WALL (E) GABLE VENT 4 A3.5 3 A3.5 CLASS B ROOFING TO MATCH (E) STUCCO @ (P) ADDITION TO MATCH (E) STUCCO (P) ADDITION BEYOND (N) STEPS TO (E) DECK project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) ELEVATIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.4 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) SOUTH ELEVATION1 1/4" = 1'-0" (P) SOUTH ELEVATION2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" 13465 (E) GARAGE 2 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 4.5 12 4.5 12 1 A3.6 (E) GABLE VENT (E) SHINGLE ROOF (E) STUCCO 6"1/2"MAIN LEVEL 0" 134652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 2 A3.6 UPPER LEVEL 9' - 0" (E) GARAGE 4.5 12 4.5 12 UPPER LEVEL PLATE HEIGHT 17' - 0" 4 A3.5 3 A3.5 PRIMARY BEDROOM FAMILY ROOM STAIR DINING RM (P) CONDITIONED CRAWL SPACE8' - 0"6"MAIN LEVEL 0" AB MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" UPPER LEVEL 9' - 0" 2 A3.5 UPPER LEVEL PLATE HEIGHT 17' - 0"6' - 8" MIN. CLR.9' - 9"8' - 0"WIC 1/2 BATH STAIR (P) CONDITIONED CRAWL SPACE MAIN LEVEL 0" AB UPPER LEVEL 9' - 0" 2 A3.5 DINING RM (P) CONDITIONED CRAWL SPACE7' - 11"9' - 8"(P) WET BAR project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) SECTIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.5 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) BUILDING SECTION 11 1/4" = 1'-0" (P) BUILDING SECTION 121/4" = 1'-0" (P) STAIR SECTION4 1/4" = 1'-0" (P) BUILDING SECTION 23 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" A B C D MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" (E) KITCHEN (E) BATH (E) BEDROOM 3 (E) OFFICE(E) BEDROOM (E) CRAWL SPACE MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" A B C D MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" UPPER LEVEL 9' - 0" 2 A3.5 UPPER LEVEL PLATE HEIGHT 17' - 0"2' - 6"PRIMARY BEDROOM BATH FAMILY ROOM (P) OFFICE / ALCOVE (E) BATH (E) KITCHEN (E) BEDROOM (E) OFFICE (E) CRAWL SPACE (P) CONDITIONED CRAWL SPACE8' - 0"8' - 0"9' - 9"BUILT-IN DESK project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) SECTIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.6 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) BUILDING SECTION 31 1/4" = 1'-0" (P) BUILDING SECTION 32 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 EXHIBIT 4 STAFF REPORT FOR THE FEBRUARY 5, 2024 ZONING ADMINISTRATOR MEETING Department of Conservation and Development County Zoning Administrator Monday, February 5, 2024 – 1:30 P.M. STAFF REPORT Agenda Item #_____ Project Title: 40 Anson Way Kensington Design Review Development Plan County File(s): CDDP23-03024 Applicant/Owners: Cari Rosner Jelen (Applicant) / Elena Saxonhouse (Owner) Zoning/General Plan: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District / SH Single-Family Residential-High Density Site Address/Location: 40 Anson Way in the Kensington area of unincorporated Contra Costa County (APN: 572-233-012) California Environmental Quality Act (CEQA) Status: Categorical Exemption, CEQA Guidelines Section 15301(e)(2) Project Planner: Adrian Veliz, Senior Planner, (925) 655-2879 adrian.veliz@dcd.cccounty.us Staff Recommendation: Approve (See section II for full recommendation) I. PROJECT SUMMARY The applicant requests approval of a Kensington Design Review Development Plan to allow a 993 square-foot two-story addition to the northern side of an existing single-family residence. II. RECOMMENDATION Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator: County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 2 of 11 A. FIND that the project is categorically exempt from CEQA under Section 15301(e)(2) of the CEQA Guidelines. B. APPROVE Kensington Design Review Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to an existing single-family residence, subject to the attached findings and conditions of approval. C. DIRECT staff to file a Notice of Exemption with the County Clerk. III. GENERAL INFORMATION A. General Plan: SH Single-Family Residential – High Density. B. Zoning: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District. C. California Environmental Quality Act (CEQA): CEQA Guidelines Section 15301(e)(2) Existing Structures, Class I exemption for additions to existing structures of no more than 10,000 square feet in an area that is not environmentally sensitive and where all public services and facilities are available for maximum development permissible in the General Plan. D. Previous Application: CDKR23-00010: This application for Kensington Design Review for a two-story residential addition was submitted on May 11, 2023. A Notice of Intent to Render an Administrative Decision was sent to property owners within 300 feet of the subject parcel on June 1, 2023. On June 7, 2023, the CDD received a written request for a hearing, and the applicant submitted an application for the CDDP23-03024 Development Plan on July 11, 2023. IV. SITE/AREA DESCRIPTION The property at 40 Anson Way is an 8,800 square-foot parcel located on the west side of Anson Way approximately 330 feet north of the intersection of Anson Way and Eureka Avenue. Eureka Avenue slopes downward to the west into the City of El Cerrito. The subject parcel slopes downward from northeast to southwest. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 3 of 11 The project neighborhood, including the subject parcel, is comprised of single-family residences. The terrain in this part of Kensington consists of moderate to steeply sloped hillsides. Generally, elevation increases north and east of the site, whereas areas south and west of the site are located downslope. Due to the topography of the area many homes in the neighborhood have distant views to the west of city skylines, the San Francisco Bay, Golden Gate Bridge and/or Bay Bridge. The subject parcel is rectangular in shape, having a width of 80 feet along Anson Way and a depth of 110 feet. The parcel includes a 1,357 square-foot single-family residence, which was originally constructed in 1946 V. PROJECT DESCRIPTION The applicant requests approval of a Development Plan to allow a 993 square-foot two-story addition behind an existing garage on the northern side of the existing single-family residence. Currently, the northern side of the existing residence is one- story and approximately 13 feet in height. The two-story addition would expand the residential footprint and increase the northerly height of the home to 24 feet. VI. AGENCY COMMENTS An Agency Comment Request packet for the proposed residential addition was sent on March 14, 2023, to a number of public agencies, including Building Inspection Division, Kensington Fire Protection District, Stege Sanitary District, East Bay Municipal Utility District, and Kensington Municipal Advisory Council. Agency comments received by staff are included in Attachment 3. Following are summaries of the agency comments received. A. East Bay Municipal Utility District: On July 28, 2023, the East Bay Municipal Utility District submitted a memorandum stating that if additional water service is needed, the applicant should contact their New Business Office and that new water service will not be provided unless applicable water efficiency measures are installed. An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is responsible for contacting the East Bay Municipal Utility District regarding additional water service. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 4 of 11 B. Kensington Municipal Advisory Council (MAC): On October 26, 2023, the Kensington MAC submitted an email stating that at its meeting on October 25, 2023, the MAC recommended approval of the application by a vote of 3-1, with a fifth member abstaining. VII. REQUEST FOR PUBLIC HEARING On June 7, 2023, the neighboring property owner at 36 Anson Way, located adjacent to and north of the subject parcel submitted a letter requesting a public hearing on Kensington Design Review CDKR23-00010. The letter is included in Attachment 4. In the letter, the neighboring property owner requested an opportunity to discuss the compatibility of the proposed addition and its impact on adjacent residences. VIII. STAFF ANALYSIS A. General Plan Consistency: The subject parcel at 40 Anson Way is located within the SH Single-Family Residential – High Density General Plan land use designation. The SH designation is intended to promote the orderly development of single-family residential neighborhoods. The project entails an addition to increase living area within an existing 1,357 square-foot single-family residence by 993 square feet. The proposed addition does not change the established residential use of the site, it’s residential density, or lot size. Thus, the single- family residential nature of the project does not conflict with the intent and purpose of the SH designation. The project is also subject to the Policies for the Kensington Area, Policies 3-211 through 3-215 of the General Plan Land Use Element. Collectively, these policies provide for reasonable review of new residential development with protection for existing residences in the Kensington community. New residential projects are evaluated for view impacts, design compatibility, privacy, and solar access. The project’s compliance with each of these policies is discussed below. Additionally, this report includes discussion of the proposed design, including view impacts, design compatibility, parking, privacy, and solar access, as required by General Plan policies for the Kensington area. Therefore, the project is consistent with General Plan Policies 3-211 through 3-215. Policy 3-211: Allow for the review of new residential development that provides reasonable protection for existing residences in the Kensington community with County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 5 of 11 regard to: views, design compatibility (including building bulk, size, and height), adequate parking, privacy, and access to sunlight. This project was initially submitted to the CDD as administrative Kensington Design Review application CDKR23-00010. Upon the CDD’s receipt of a written request for a public hearing on the CDKR23-00010 application in response to public notifications associated therewith, the applicant submitted the current CDDP23-03024 Development Plan application in order to continue the planning process. The processing of this application, culminating in a Zoning Administrator decision at a noticed public hearing, provides reasonable protection for neighboring property owners by providing a process including public notification and allowing additional opportunities for concerned neighbors to comment on the project before a decision is made. As discussed in detail within the Zoning Compliance section of this report, staff finds the proposed residential addition to be consistent and compatible with the surrounding neighborhood and does not anticipate that the addition would have a substantial impact on views, privacy, or solar access for neighboring properties. Policy 3-212: Preservation of views of scenic natural features (e.g. Bay, mountains) and the developed environment (e.g., bridges, San Francisco skyline) should be incorporated into the review of development applications. Section 84-74.404(r) of the Kensington Combining District Ordinance (County Code Chapter 84-74) defines “view” as “a scene from a window in habitable space of a neighboring residence. The term ‘view’ includes both up -slope and downslope scenes, but is distant or panoramic range in nature, as opposed to short range.” The subject parcel and neighboring parcels are situated on a western facing slope that descends steeply to the west towards the City of El Cerrito. The topography of the area is such that it allows many homes on the hillside to enjoy distant westerly views of city skylines, the San Francisco Bay, Golden Gate Bridge and/or Bay Bridge. On October 6, 2023, at the request of the Kensington MAC, the applicant installed story poles on the subject parcel in order to simulate the height and building mass of the proposed addition. On October 20, 2023, staff was permitted to view the story poles from two neighboring residences at 36 Anson Way (adjacent to and north of the subject parcel) and 39 Anson Way (across the street to the east of the subject parcel) in order to assess potential view impacts. Aesthetically, the proposed addition would have the greatest impact on a southern facing window on the second story of the residence at 36 Anson Way. Existing views from this southern facing window County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 6 of 11 predominantly consist of neighboring residences and neighborhood trees. Since these existing views are not distant or panoramic in nature, they do not constitute a “view” as defined by the Kensington Combining District Ordinance. Based on the October 20, 2023 site visit, the proposed addition does not substantially degrade any existing “view” – as defined by the aforementioned County Ordinance - from within any neighboring residence. Therefore, the project preserves views in a manner consistent with Policy 3-212. Staff photographs depicting the story poles from neighboring residences are included in this report as Attachment 5. Policy 3-213: Review proposed residential development for design compatibility with nearby development (e.g. building mass, height, mechanical devices) and provisions for adequate parking. The project neighborhood consists of a mix of one- and two-story single-family residences. Considering that two-story residences presently exist on immediately adjacent parcels to the north, south, east, and west, the building mass of the proposed two-story addition is consistent and compatible with the design of existing residential development in the vicinity. Additionally, the proposed addition would have a height of 24 feet, which is substantially less than the 35- foot maximum for residential development in the R-6 Single-Family Residential District pursuant to Section 84-4.802 of the County Code. Further, the existing two-car garage on the subject parcel meets the off-street parking requirement for the R-6 District pursuant to Section 84-4.1202 of the County Code. Therefore, based on the foregoing discussion, the project is considered compatible with existing development in the vicinity in terms of design, height, and the provision of adequate parking. Policy 3-214: New residential development will be reviewed against realistic impacts of privacy and sunlight on surrounding neighbors. Staff has evaluated the project to determine whether realistic impacts of privacy and sunlight would expectedly arise from the addition. The addition is not expected to affect the privacy or solar access on neighboring parcels to any significant degree, as discussed in detail in the below Zoning Compliance Section B.3 below. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 7 of 11 Policy 3-215: Consideration will be given to review of non-residential development in the Kensington community with Policies 3-211 through 3-213 herein. The proposed project is a residential addition to an existing single-family residence. Thus, this policy does not apply. B. Zoning Compliance: The subject parcel is located in the R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, and -K Kensington Combining District. The proposed project does not involve removal or addition of any tree, and therefore, the regulations of the Tree Obstruction of Views Combining District do not apply to this application. The intent and purpose of the R-6 District is to facilitate orderly development and maintenance of high-density, single-family residential neighborhoods. The proposed residential addition conforms to all R-6 development standards (e.g. front setback, side and rear yards, building height, off- street parking). Therefore, the proposed addition to an existing single-family residence meets the intent and purpose of the R-6 District. The Kensington Combining District includes seven criteria for approval of the Development Plan. As detailed below, the project satisfies all seven criteria. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Finding: The project is a 993 square-foot two-story addition to the northern side of an existing single-family residence in the R-6 Single-Family Residential District. The proposed addition is in conformance with minimum setback, minimum side and rear yards, maximum building height, and minimum off- street parking requirements applicable to development in the R -6 District. Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District, absent substantial impacts to neighboring parcels in terms of views, privacy, or solar access. The property owners have indicated that the increased square-footage is necessary to accommodate the needs of their family, while also providing office areas to better accommodate working from home. Additionally, the proposed two-story configuration will allow for improved views of the San Francisco Bay and city skyline from within County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 8 of 11 the existing residence, similar to those enjoyed by residents of numerous other properties in the immediate vicinity. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design. Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply. 3. Minimizing impacts upon surrounding neighbors. Finding: The project involves a two-story residential addition that is in conformance with all applicable development standards for the R-6 District. Section 84-74.204(b) of the Kensington Combining District Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below: • Privacy: The project proposes a two-story addition to the northern side of the existing single-family residence on the subject parcel. The neighboring property nearest to the proposed addition is the adjacent property to the north at 36 Anson Way. All upper-level windows of the residence at 36 Anson Way are oriented either towards the street to the east, or towards the scenic San Francisco Bay to the west. Since the addition does not include any northern or southern facing windows, the project would not substantially impair privacy for next door neighboring parcels, including the residence at 36 Anson Way. Therefore, the project minimizes privacy impacts upon surrounding neighbors. • Light and Solar Access: The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e. setbacks), size, and height. The project includes a two-story addition behind an existing garage on the northern side of the existing single-family residence on the subject parcel. The northern side of the existing residence is presently one- story and approximately 13 feet in height. The two-story addition County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 9 of 11 would expand the residential footprint and increase the northerly height of the home to 24 feet. The proposed addition would be located at least 42 feet 8 inches and 63 feet 2 inches from the western rear and southern side property lines respectively, and even further from homes located to the east across Anson Way. Therefore, the project would be expected to have negligible impacts to light or solar access on neighboring properties to the south, east, and west of the subject parcel. The proposed addition would be located 8 feet 3 inches from the northern side property line (where 5 feet is the minimum required) and would be situated approximately 15 to 20 feet south of the existing adjacent residence to the north at 36 Anson Way. The 15 to 20 feet of separation between adjacent residences is typical for development in the R-6 District, where development standards allow for as little as 10 feet of separation. It is not uncommon for adjacent homes in the Kensington community to have less than 10 feet of separation due to lot dimensions and/or existing legal non- conforming residences constructed prior to the implementation of the County zoning code. Additionally, the 24-foot height of the proposed addition conforms to the 35-foot maximum permissible building height for residential development in the R-6 District. In a letter dated September 18, 2023, included with this report as Attachment 6, the consultant to the owner of the neighboring adjacent property to the north at 36 Anson Way, expressed a concern, amongst others, that the project unreasonably impairs access to daylight by casting shadows on the 36 Anson Way property. The letter includes a diagram depicting shadows cast on the property at 9 AM, 12 noon, and 3 PM on the winter solstice, whereon the proposed addition is approximated to cast a shadow over the western portion of the 36 Anson Way residence and rear yard at 9am, and over the southernmost portions of this residence at noon. Notably, the shadow analysis provided by the neighbor’s consultant is limited to conditions expected at a specific time of year when the daylight hours are shortest (i.e. the sun rises later and sets earlier than any other date) and when the sun rises at its southernmost location in the sky. Using a web-based application (www.suncalc.org) that shows the movement County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 10 of 11 of the sun for a certain date at a certain place, staff has prepared a Shadow Analysis (Attachment 7) to approximate the project’s effect on solar access for the summer solstice, and at the equinox. The shadow analysis shows the sun rising further to the north and higher in the sky throughout the rest of the year, and the extent of shadows cast on the northerly parcel are typically much less throughout the year than depicted by the consultant. Therefore, the project is not expected to affect the neighboring residence’s solar access to any significant degree. 4. Protecting the value and enjoyment of the neighbors' property. Finding: As previously mentioned, the addition would not significantly block any views in the project neighborhood or decrease privacy or access to sunlight. Therefore, absent significant impacts on neighboring parcels, the addition would preserve the value and enjoyment of the neighbors’ property. 5. Maintaining the community’s property values. Finding: The project involves an addition to an existing single-family residence in an established residential neighborhood. The proposal does not involve a incompatible land use that would conflict with the surrounding residential community in a manner that may negatively affect property values. Additionally, the project does not substantially affect scenic views, privacy, or solar access for neighboring parcels to any significant degree. Therefore, the project maintains the community’s property values. 6. Maximizing the use of existing interior space. Finding: The existing single-family residence consists of a main floor at street level having approximately 1,202 square feet of living area and a 372 square foot two-car garage. A lower level beneath the southern end of the existing residence provides an additional 373 square feet of conditioned living space. There is no existing interior space within the residence that is not presently being utilized as part of the residence. Thus, the 993 square -foot increase in living space sought by the property owners could not feasibly be accomplished within the existing building envelope. Therefore, staff finds that the project maximizes the use of existing interior space. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 11 of 11 7. Promoting the general welfare, public health, and safety. Finding: The residential addition does not change the land use on the subject parcel and, as described above, would have minimal impact on neighboring properties. The project’s compliance with applicable zoning standards and the requirement to obtain building permits will ensure that the addition does not present a hazard to public health and safety for the occupants or community at large. Thus, the project promotes the general welfare, public health, and safety of the Kensington community. IX. CONCLUSION A. Construction of the proposed residential addition is consistent with the SH Single-Family Residential-High Density General Plan land use designation and complies with the intent and purpose of the R-6 Single-Family Residential Zoning District and the -K Kensington Combining District. Therefore, staff recommends approval of Kensington Design Review Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to an existing single-family residence, subject to the attached findings and conditions of approval. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 1 of 8 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE CDDP23-03024; CARI ROSNER JELEN (APPLICANT), ELENA SAXONHOUSE (OWNER) FINDINGS A. Kensington Combining District Findings County Code Section 84-74.1206(b) requires a project within the Kensington Combining District to satisfy seven criteria to be approved. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Project Finding: The project is a 993 square-foot two-story addition to the northern side of an existing single-family residence in the R-6 Single-Family Residential District. The proposed addition is in conformance with minimum setback, minimum side and rear yards, maximum building height, and minimum off-street parking requirements applicable to development in the R-6 District. Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District, absent substantial impacts to neighboring parcels in terms of views, privacy, or solar access. The property owners have indicated that the increased square-footage is necessary to accommodate the needs of their family, while also providing office areas to better accommodate working from home. Additionally, the proposed two-story configuration will allow for improved views of the San Francisco Bay and city skyline from within the existing residence, similar to those enjoyed by residents of numerous other properties in the immediate vicinity. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design. Project Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply. 3. Minimizing impacts upon surrounding neighbors. Project Finding: The project involves a two-story residential addition that is in conformance with all applicable development standards for the R -6 District. Section County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 2 of 8 84-74.204(b) of the Kensington Combining District Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below: • Privacy: The project proposes a two-story addition to the northern side of the existing single-family residence on the subject parcel. The neighboring property nearest to the proposed addition is the adjacent property to the north at 36 Anson Way. All upper-level windows of the residence at 36 Anson Way are oriented either towards the street to the east, or towards the scenic San Francisco Bay to the west. Since the addition does not include any northern or southern facing windows, the project will not substantially impair privacy for next door neighboring parcels, including the residence at 36 Anson Way. Therefore, the project minimizes privacy impacts upon surrounding neighbors. • Light and Solar Access: The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e. setbacks), size, and height. The project includes a two-story addition behind an existing garage on the northern side of the existing single-family residence on the subject parcel. The northern side of the existing residence is presently one-story and approximately 13 feet in height. The two-story addition will expand the residential footprint and increase the northerly height of the home to 24 feet. The proposed addition will be located at least 42 feet 8 inches and 63 feet 2 inches from the western rear and southern side property lines respectively, and even further from homes located to the east across Anson Way. Therefore, the project will have negligible impacts to light or solar access on neighboring properties to the south, east, and west of the subject parcel. The proposed addition will be located 8 feet 3 inches from the northern side property line (where 5 feet is the minimum required) and w ill be situated approximately 15 to 20 feet south of the existing adjacent residence to the north at 36 Anson Way. The 15 to 20 feet of separation between adjacent residences is typical for development in the R-6 District, where development standards allow for as little as 10 feet of separation. It is not uncommon for adjacent homes in the Kensington community to have less than 10 feet of separation due to lot dimensions and/or existing legal non-conforming County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 3 of 8 residences constructed prior to the implementation of the County zoning code. Additionally, the 24-foot height of the proposed addition conforms to the 35- foot maximum permissible building height for residential development in the R-6 District. In a letter dated September 18, 2023, the consultant to the owner of the neighboring adjacent property to the north at 36 Anson Way, expressed a concern, amongst others, that the project unreasonably impairs access to daylight by casting shadows on the 36 Anson Way property. The letter includes a diagram depicting shadows cast on the property at 9 AM, 12 noon, and 3 PM on the winter solstice, whereon the proposed addition is approximated to cast a shadow over the western portion of the 36 Anson Way residence and rear yard at 9am, and over the southernmost portions of this residence at noon. Notably, the shadow analysis provided by the neighbor’s consultant is limited to conditions expected at a specific time of year when the daylight hours are shortest (i.e. the sun rises later and sets earlier than any other date) and when the sun rises at its southernmost location in the sky. Using a web-based application (www.suncalc.org) that shows the movement of the sun for a certain date at a certain place, staff has prepared a Shadow Analysis to approximate the project’s effect on solar access for the summer solstice, and at the equinox. The shadow analysis shows the sun rising further to the north and higher in the sky throughout the rest of the year, and the extent of shadows cast on the northerly parcel are typically much less throughout the year than depicted by the consultant. Therefore, the project is not expected to affect the neighboring residence’s solar access to any significant degree. 4. Protecting the value and enjoyment of the neighbors’ property. Project Finding: As previously mentioned, the addition will not significantly block any views in the project neighborhood or decrease privacy or access to sunlight. Therefore, absent significant impacts on neighboring parcels, the addition will preserve the value and enjoyment of the neighbors’ property. 5. Maintaining the community’s property values. Project Finding: The project involves an addition to an existing single-family residence in an established residential neighborhood. The proposal does not involve a noncompatible land use that conflicts with the surrounding residential community in County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 4 of 8 a manner that may negatively affect property values. Additionally, the project does not substantially affect scenic views, privacy, or solar access for neighboring parcels to any significant degree. Therefore, the project maintains the community’s property values. 6. Maximizing the use of existing interior space. Project Finding: The existing single-family residence consists of a main floor at street level having approximately 1,202 square feet of living area and a 372 square foot two - car garage. A lower level beneath the southern end of the existing residence provides an additional 373 square feet of conditioned living space. There is no existing interior space within the residence that is not presently being utilized as part of the residence. Thus, the 993 square-foot increase in living space sought by the property owners cannot feasibly be accomplished within the existing building envelope. Therefore, staff finds that the project maximizes the use of existing interior space. 7. Promoting the general welfare, public health, and safety. Project Finding: The residential addition does not change the land use on the subject parcel and as described above, will have minimal impact on neighboring properties. The project’s compliance with applicable zoning standards and the requirement to obtain building permits will ensure that the addition does not present a hazard to public health and safety for the occupants or community at large . Thus, the project promotes the general welfare, public health, and safety of the Kensington community. D. Environmental Findings The 993 square-foot two-story addition to the northern side of an existing single- family residence is categorically exempt under CEQA Guidelines Section 15301(e)(2), which provides a Class 1 exemption for additions to existing structures of no more than 10,000 square feet in an area that is not environmentally sensitive and where all public services and facilities are available for maximum development permissible in the General Plan.. CONDITIONS OF APPROVAL FOR COUNTY FILE CDDP23-03024 Project Approval 1. Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to the northern side of an existing single-family residence is APPROVED. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 5 of 8 2. The Development Plan approval describe above is based on the application and project plans received by the Department of Conservation and Development, Community Development Division (CDD) on July 11, 2023. 3. Any deviation from the approved plans shall require review and approval by the CDD and may require the filing of a new Kensington Design Review application. Building Permits 5. No construction is approved with this permit. Any construction at the subject parcel will require issuance of building permits from the Department of Conservation and Development, Building Inspection Division, prior to commencement of work. Application Costs 6. This application was subject to an initial application deposit of $3,000.00, which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of 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 from the date of approval, the application shall be charged interest at a rate of ten percent (10%). The applicant may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Construction All construction activity shall comply with the following restrictions, which shall be included in the construction drawings. 7. 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. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 6 of 8 8. 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. 9. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 10. 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 shall also be visible to ensure compliance with applicable regulations. 11. 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) County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 7 of 8 For specific details on the actual date the State and Federal holidays occur, please visit the following websites: Federal Holidays: Federal Holidays (opm.gov) California Holidays: State Holidays (sos.ca.gov) 12. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, 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, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this 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 CDD within 90 days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 8 of 8 C. The applicant must submit building plans to the Kensington Fire Protection District and comply with its requirements. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District. D. The applicant is required to submit plans to the Stege Sanitary District for approval. Plans submitted for a building permit must receive prior approval and be stamped by the Sanitary District. E. The applicant is responsible for contacting the Health Services Department Environmental Health Division regarding its requirements and permits. F. The applicant is required to comply with the requirements of the East Bay Municipal Utility District. G. The applicant is responsible for contacting the Contra Costa Mosquito and Vector Control District regarding its requirements and permits. ATTACHMENTS ATTACHMENT 1: MAPS ATTACHMENT 2: PROJECT PLANS ATTACHMENT 3: AGENCY COMMENTS ATTACHMENT 4: REQUEST FOR PUBLIC HEARING ATTACHMENT 5: SITE VISIT PHOTOGRAPHS ATTACHMENT 6: PUBLIC COMMENTS ATTACHMENT 7: SHADOW ANALYSIS ATTACHMENT 1 MAPS Contra Costa County -DOIT GIS Legend 1:1,128 Notes0.00.02 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. General Plan Map Board of Supervisors' Districts City Limits Unincorporated General Plan SV (Single Family Residential - Very Low) SL (Single Family Residential - Low) SM (Single Family Residential - Medium) SH (Single Family Residential - High) ML (Multiple Family Residential - Low) MM (Multiple Family Residential - Medium) MH (Multiple Family Residential - High) MV (Multiple Family Residential - Very High) MS (Multiple Family Residential - Very High Special) CC (Congregate Care/Senior Housing) MO (Mobile Home) M-1 (Parker Avenue Mixed Use) M-2 (Downtown/Waterfront Rodeo Mixed Use) M-3 (Pleasant Hill BART Mixed Use) M-4 (Willow Pass Road Mixed Use) M-5 (Willow Pass Road Commercial Mixed Use) M-6 (Bay Point Residential Mixed Use) M-7 (Pittsburg/Bay Point BART Station Mixed Use) M-8 (Dougherty Valley Village Center Mixed Use) M-9 (Montalvin Manor Mixed Use) M-10 (Willow Pass Business Park Mixed Use) M-11 (Appian Way Mixed Use) M-12 (Triangle Area Mixed Use) M-13 (San Pablo Dam Road Mixed Use) M-14 (Heritage Mixed Use) CO (Commercial) OF (Office) BP (Business Park) LI (Light Industry) HI (Heavy Industry) AL, OIBA (Agricultural Lands & Off Island Bonus Area) CR (Commercial Recreation) ACO (Airport Commercial) LF (Landfill) PS (Public/Semi-Public) PR (Parks and Recreation) OS (Open Space) AL (Agricultural Lands) AC (Agricultural Core) DR (Delta Recreation) WA (Water) Contra Costa County -DOIT GIS Legend 1:1,128 Notes0.00.02 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Zoning Map Board of Supervisors' Districts City Limits Unincorporated Zoning R-6 (Single Family Residential) R-6, -FH -UE (Flood Hazard and Animal Exclusion) R-6 -SD-1 (Slope Density Hillside Development) R-6 -TOV -K (Tree Obstruction and Kensington) R-6, -UE (Urban Farm Animal Exclusion) R-6 -X (Railroad Corridor Combining District) R-7 (Single Family Residential) R-7 -X (Railroad Corridor Combining District) R-10 (Single Family Residential) R-10, -UE (Urban Farm Animal Exclusion) R-12 (Single Family Residential) R-15 (Single Family Residential) R-20 (Single Family Residential) R-20, -UE (Urban Farm Animal Exclusion) R-40 (Single Family Residential) R-40, -FH -UE (Flood Hazard and Animal Exclusion) R-40, -UE (Urban Farm Animal Exclusion) R-65 (Single Family Residential) R-100 (Single Family Residential) D-1 (Two Family Residential) D-1 -T (Transitional Combining District) D-1, -UE (Urban Farm Animal Exclusion) M-12 (Multiple Family Residential) M-12 -FH (Flood Hazard Combining District) M-17 (Multiple Family Residential) M-29 (Multiple Family Residential) F-R (Forestry Recreational) F-R -FH (Flood Hazard Combining District) F-1 (Water Recreational) F-1 -FH (Flood Hazard Combining District) A-2 (General Agriculture) A-2, -BS (Boat Storage Combining District) A-2, -BS -SG (Boat Storage and Solar Energy Generation) A-2 -FH (Flood Hazard Combining District) A-2, -FH -SG (Flood Hazard and Solar Energy Generation) A-2 -SD-1 (Slope Density Hillside Development) A-2, -SG (Solar Energy Generation Combining District) A-2 -X (Railroad Corridor Combining District) A-3 (Heavy Agriculture) A-3 -BS (Boat Storage Combining District) A-3, -BS -SG (Boat Storage and Solar Energy Generation) Contra Costa County -DOIT GIS Legend 1:1,128 Notes0.00.02 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Aerial 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 ATTACHMENT 2 PROJECT PLANS UP SITE7 PROJECT INFORMATIONABBREVIATIONS A.D. AREA DRAIN ADJ. . ADJUSTABLE A.F.F. ABOVE FINISHED FLOOR AGGR. AGGREGATE ASPH. ASPHALT ARCH. ARCHITECTURAL BLDG. BUILDING BLK. BLOCK BLKG. BLOCKING B.O. BOTTOM OF BW BOTTOM OF WALL CPT. CARPET CAB. CABINET C.J. CONSTRUCTION JOINT C.L. CENTER LINE CLOS. CLOSET CLG. CEILING CLR. CLEAR C.O. CLEAN OUT COL. COLUMN CONC. CONCRETE CONT. CONTINUOUS CSMT. CASEMENT C.T. CERAMIC TILE C.S. COUNTER SINK DEMO. DEMOLITION DET. DETAIL D.H. DOUBLE HUNG D.F. DOUGLAS FIR DIAG. DIAGONAL DIM. DIMENSION DWGS. DRAWINGS DN. DOWN DS. DOWNSPOUT (E) EXISTING E.J. EXPANSION JOINT EL. ELEVATION EQ. EQUAL EXT. EXTERIOR F.A. FIRE ALARM F.D. FLOOR DRAIN FIN. FINISH F.O.S. FACE OF STUD F.O.C. FACE OF CONCRETE F.O.A FACE OF WALL FTG. FOOTING GA. GAUGE GALV. GALVANIZED GL. GLASS GLU. LAM. GLUE LAMINATED G.S.M. GALV. SHEET METAL GYP. GYPSUM G.W.B. GYPSUM WALL BOARD H.B. HOSE BIBB HGT. HEIGHT H.M. HOLLOW METAL HOR. HORIZONTAL H.P HIGH POINT I.D. INSIDE DIAMETER INSUL. INSULATION INT. INTERIOR JST. JOIST J.BOX JUNCTION BOX LAB. LABORATORY LAM. LAMINATE LAV. LAVATORY LT. LIGHT MAX. MAXIMUM MECH. MECHANICAL MEMB. MEMBRANE MFR. MANUFACTURER MIN. MINIMUM MISC. MISCELLANEOUS M.O. MASONRY OPENING MTL. METAL MUL. MULLION A(N) NEW N.I.C. NOT IN CONTRACT NO. NUMBER NOM. NOMINAL N.T.S. NOT TO SCALE O.C. ON CENTER O.D. OUTSIDE DIAMETER O.H. OVERHEAD OPG. OPENING OPNG. OPENING OPP. OPPOSITE PROJECT ADDRESS: 40 ANSON WAY, KENSINGTON, CA 94707 APN : 572-233-012 ZONING DISTRICT : R6, -TOV, -K LOT SIZE: 8,800 SF CONSTRUCTION DATE: 1946 DWELLING UNITS: 1 PRIMARY SCOPE OF WORK • 2-STORY ADDITION ARCHITECT: CARI DESIGNS ARCHITECTURE 800 BANCROFT WAY SUITE 200 BERKELEY, CA 94710 CARI ROSNER JELEN crj@cari-designs.com 510-467-0768 OWNER: TULLEY RAFFERTY AND ELENA SAXONHOUSE 40 ANSON WAY KENSINGTON, CA 94707 hobostew@gmail.com 510-685-9514 SET BACK FRONT ALLOWABLE 20 FT EXISTING DEMO 14'-7 1/2" COMPLETE NO CHANGE--- NEW --- P.L. PROPERTY LINE P/L PLATE PLAS. PLASTER PLWD. PLYWOOD PR. PAIR PTD. PAINTED R. RISER R.D. RUN REFR. REFRIGERATOR REINF. REINFORCED RM. ROOM R.O. ROUGH OPENING RTG. RETAINING SAG SUPPLY AIR GRILL S.V. SHEET VINYL S.H. SINGLE HUNG SHT. SHEET SHTG. SHEATHING SPEC. SPECIFICATION SQ. SQUARE S.S. STAINLESS STEEL STAGG. STAGGERED. STD. STANDARD STL. STEEL STRUC. STRUCTURAL T. TREAD TC TOP OF CURB T&G TONGUE AND GROOVE THK. THICK T.W. TOP OF WALL TYP. TYPICAL U.O.N. UNLESS OTHERWISE NOTED VERT. VERTICAL V.I.F VERIFY IN FIELD W/ WITH W.C. WATER CLOSET WD. WOOD W/H WATER HEATER W.P. WATERPROOF W.PT WORK POINT YD. YARD STATE CODES: 2022 CALIFORNIA BUILDING CODE 2022 CALIFORNIA ENERGY CODE 2022 CALIFORNIA CALGREEN 2022 CALIFORNIA ELECTRICAL CODE 2022 CALIFORNIA PLUMBING CODE 2022 CALIFORNIA MECHANICAL CODE 2022 CALIFORNIA FIRE CODE LOCAL CODES : CONTRA COSTA CODE KENSINGTON PLANNING ORDINANCE CODE REQUIREMENTS SIDE 14'-2 1/2" / 8'-3" 22'-5 1/2" AGG. 14'-2 1/2" / 7'-3" 21'-5 1/2" AGG.--- 7'-3" 5 FT / 15 FT AGGREGATE REAR 15 FT 55'-0" NO CHANGE--- --- HEIGHT IN FEET 35 20'-0 1/2" +/- 2 24'-0" 2--- --- --- 24'-0" 2.5 HEIGHT STORIES 1 MIN. 2 NO CHANGE--- --- PROJECT TEAM PARKING - MIN SIZE 9'-0" X 19'-0" AND SHALL BE ENTIRELY OUTSIDE OF SETBACK 3300 OR KMAC HEARING 2,368.6 3,292.270 992.6 GROSS FLOOR AREA PER 84-74.404 (SEE SHEET A0.4 FOR BREAKDOWN) GROSS FLOOR AREA HEARING THRESHOLD CALCULATION PER 84-74.802: THRESHOLD = PARCEL AREA X 0.540-0.00002(PARCEL AREA) AND INCREASED TO THE NEXT HIGHEST ONE HUNDRED UNLESS EVENLY DIVISIBLE BY ONE HUNDRED THRESHOLD = 8,800 X 0.540-0.00002(8800) = 3,203 GROSS FLOOR AREA HEARING THRESHOLD IS 3,300 SQ FT NA 2,082 SF 2,717 SF--- 635 LOT COVERAGE 15' - 0" REAR SETBACK SETBACK5' - 0" SIDESETBACK10' - 0" SIDE20' - 0" FRONT SETBACK 42' - 8" TO DECK 54' - 5 1/2"TO BLDG8' - 3"14' - 1" TO EAVE 21' - 0" TO EAVE 13' - 8" TO EAVECONC. DRIVEWAY LANDSCAPING WALKWAY LANDSCAPING LANDSCAPING CONC. DRAINAGE SWALE A N S O N W A Y(E) SINGLE FAMILY RESIDENCE (E) PERGOLA (E) DECK (E) GARAGE (E) FENCE W/ GATE (E) FENCE W/ GATE PORCH LANDSCAPING TO EAVE7' - 9 1/2"42' - 1 1/2" TO EAVE 42' - 8" TO BLDG (P) STAIRS TO (E) BLDG8' - 3"TO (E) EAVE8' - 1 1/2"AREA OF WORK (P) ADDITION AN APPROVED SEISMIC GAS SHUT-OFF DEVICE OR VALVE, OR AN APPROVED EXCESS FLOW GAS SHUT-OFF DEVICE OR VALVE SHALL BE INSTALLED DOWNSTREAM OF THE GAS UTILITY METER AT THE BEGINNING OF EACH RIGID GAS PIPING SYSTEM 14' - 2 1/2" TO BLDG21' - 1 1/2" TO BLDG 14' - 7 1/2" TO BLDG 70° 46' 00" 110.00' S W19° 14' 00"80.00'NW70° 46' 00" 110.00' S W 19° 14' 00"80.00'SEproject name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : COVER SHEET 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A0.1 2229 EP CRJ 05/25/2023 NTS APN MAP2 DRAWING LIST ARCHITECTURE A0.1 COVER SHEET A0.2 (E) SITE A0.3 (P) 3D VIEWS A0.4 GROSS FLOOR AREA PLANS A2.1 (E) PLANS A2.2 (P) PLANS A3.1 (E) & (P) ELEVATIONS A3.2 (E) & (P) ELEVATIONS A3.3 (E) & (P) ELEVATIONS A3.4 (E) & (P) ELEVATIONS A3.5 (E) & (P) SECTIONS A3.6 (E) & (P) SECTIONS 1/8" = 1'-0" (P) SITE PLAN1 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 TRUE UP UP 55' - 0" TO BLDG 14' - 7 1/2" TO BLDG 21' - 2" TO BLDG 14' - 2 1/2" TO BLDGTO BLDG8' - 3"15' - 0" REAR SETBACK SETBACK5' - 0" SIDESETBACK10' - 0" SIDE20' - 0" FRONT SETBACK 42' - 8" TO DECK 54' - 5 1/2" TO EAVE TO EAVE8' - 1 1/2"14' - 1" TO EAVE 21' - 0" TO EAVE 13' - 8" TO EAVECONC. DRIVEWAY LANDSCAPING WALKWAY LANDSCAPING LANDSCAPING CONC. DRAINAGE SWALE A N S O N W A Y(E) SHED (E) SINGLE FAMILY RESIDENCE (E) PERGOLA (E) DECK (E) GARAGE (E) FENCE W/ GATE (E) FENCE W/ GATE PORCH LANDSCAPING 55' - 0" TO BLDG 19° 14' 00"80.00'NW70° 46' 00" 110.00' S W 19° 14' 00"80.00'SE70° 46' 00" 110.00' S W TREE AT APPROXIMATELY 50 EUREKA AVE - SHORT RANGE VIEW TREES AT APPROXIMATELY 704 HANCOCK WAY - SHORT RANGE VIEW EMERYVILLE TREE AT APPROXIMATELY 704 HANCOCK WAY - SHORT RANGE VIEW GOLDEN GATE BRIDGE ANGEL ISLAND ALCATRAZ ISLAND BASE OF MOUNT TAM project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) SITE 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A0.2 2229 EP CRJ 05/25/2023SITAETSLNECCNOCFOFILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 1/8" = 1'-0" (E) SITE PLAN2 APPROXIMATE NEIGHBOR VIEW TO SOUTHW EST (IMPACTED) APPROXIMATE PARTIAL NEIGHBOR VIEW TO WEST (UN-IMPACTED) TRUE IMPACTED WINDOW IMPACTED WINDOW project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (P) 3D VIEWS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A0.3 2229 EP CRJ 05/25/2023 3D VIEW - PROPOSED DESIGN AFTER NEIGHBOR OUTREACH1 3D VIEW - INITIAL PROPOSED DESIGN2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 EXISTING LOWER LEVEL 372.94 SF4' - 0"EXISTING LOWER LEVEL COVERED PATIO 292.40 SF 12' - 4" EXISTING MAIN LEVEL 1575.70 SF EXISTING MAIN LEVEL PORCH 127.59 SF PROPOSED MAIN LEVEL ADDITION 607.12 SF PROPOSED UPPER LEVEL ADDITION 385.48 SF LOWER LEVEL RESIDENCE EXISTING 372.94 SF COVERED PATIO DEMO --- PROPOSED --- FINAL 372.94 SF 292.40 SF 70.00 SF --- 222.40 SF MAIN LEVEL RESIDENCE 1,575.70 SF PORCH --- 607.12 SF 2,182.82 SF 127.59 SF --- --- 127.59 SF UPPER LEVEL RESIDENCE --- --- 385.48 SF 385.48 SF 2,368.63 SF 70.00 SF 992.60 SF 3,291.23 SFPROJECT TOTAL GROSS FLOOR AREA CHART EXISTING LOWER LEVEL 372.94 SFPROPOSED LOWER LEVEL COVERED PATIO 222.40 SF PROPOSED LOWER LEVEL LANDSCAPING 70.00 SF project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : GROSS FLOOR AREA PLANS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A0.4 2229 Author Checker 05/25/2023SITAETSLNECCNOCFOFILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 1/8" = 1'-0" (E) LOWER LEVEL - GROSS FAR PLAN1 1/8" = 1'-0" (E) MAIN LEVEL GROSS FAR PLAN21/8" = 1'-0" (P) MAIN LEVEL - GROSS FAR PLAN4 1/8" = 1'-0" (P) UPPER LEVEL - GROSS FAR PLAN5 1/8" = 1'-0" (P) LOWER LEVEL - GROSS FAR PLAN3 DN DN 1 3 4 6 A B C D 5 A3.2 1 A3.3 1 A3.4 1 A3.11 1 A3.5 (E) GARAGE (E) BEDROOM 2 (E) BEDROOM 1 (E) BEDROOM 3 (E) BATH (E) LIVING / DINING (E) DECK (E) PORCH 33' - 0"17' - 0"11' - 2"13' - 0"6' - 5"20' - 11"12' - 4"11' - 0"18' - 7"20' - 0 1/2" (E) KITCHEN 5"2"1" 1/2"1"8'-0" 8'-0" 8'-0" 8'-0" SLOPED 8'-0" (E) HALL 8'-0" SLOPED (E) BEAM ABOVE (E) EDGE OF SLOPED CEILING ABOVE 2 8' - 9 1/2" W/D 15' - 7 1/2"3' - 11"7' - 7 1/2"6' - 6 1/2"6' - 6"17' - 8"20' - 8"18' - 11 1/2"1 A3.6 9' - 7"(E) SLOPE: 1/4" PER FT VIF 1 3 4 C D 5 A3.3 1 A3.4 1 (E) CRAWL SPACE (E) BEDROOM (E) OFFICE (E) BATH 11' - 10"10' - 9"14' - 7" 2" 7'-9 1/2" 7'-9 1/2" 7'-9 1/2" 2 15' - 7 1/2"3' - 11"7' - 7 1/2"6' - 6 1/2" 1 A3.6 (E) PATIO RETAINING WALL LINE OF DECK ABOVE (E) SITE STAIRS project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) PLANS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A2.1 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) MAIN LEVEL11/4" = 1'-0" (E) PARTIAL LOWER LEVEL2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 TRUETRUE UP DN 1 3 4 6 A B C D 52 2 A3.6 2 A3.5 (E) GARAGE (E) BEDROOM 2 (E) BEDROOM 1 (E) BATH (E) LIVING / DINING (E) DECK (E) PORCH 33' - 0"17' - 0"11' - 2"13' - 0"6' - 5"20' - 11"11' - 0"18' - 7"(E) KITCHEN 5"2"1"1"8'-0"8'-0" 8'-0" 8'-0" SLOPED 8'-0" (E) HALL 8'-0" SLOPED (E) BEAM ABOVE (E) EDGE OF SLOPED CEILING ABOVE 8' - 9 1/2" W/D 15' - 7 1/2"3' - 11"7' - 7 1/2"6' - 6 1/2"6' - 6"17' - 8"20' - 8"18' - 11 1/2"7 3/4" MAX FAMILY ROOM 1/2 BATH A3.2 2 28' - 3 1/2" 27' - 11" 3' - 0"6' - 4"9' - 1"9' - 1"A3.12 A3.4 2 A3.3 2 4 A3.5 (P) OFFICE / ALCOVE 9' - 7"8'-0" 3 A3.5 SLOPED SLOPED 11' - 9 1/2" DINING RM 4' - 6"8' - 0" LEVEL LANDING INFILL DECK @ (E) STAIRS DESK BOOKCASE 1"7-3/4"19' - 2 1/2" PROPOSED ADDITIONCABINETRY 9' - 0" (E) SLOPE: 1/4" PER FT VIF 1 3 A B 2 2 A3.6 2 A3.5 PRIMARY BEDROOM A3.2 2 BATH WIC5' - 10"5' - 10"4 A3.5 15' - 7 1/2" 10' - 7 1/2"7' - 11" 3' - 0" 3 A3.5 SLOPED BENCH6' - 0"11' - 8"20' - 2" PROPOSED ADDITION C D A3.4 2 (E) CRAWL SPACE (E) BEDROOM (E) OFFICE (E) BATH 11' - 10"10' - 9"14' - 7" 2" 7'-9 1/2" 7'-9 1/2" 7'-9 1/2" (E) PATIO RETAINING WALL LINE OF DECK ABOVE (E) SITE STAIRS (N) 70 SF LANDSCAPED AREA project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (P) PLANS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A2.2 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (P) MAIN LEVEL1 1/4" = 1'-0" (P) UPPER LEVEL2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 TRUE TRUE 1/4" = 1'-0" (P) PARTIAL LOWER LEVEL3 TRUE MAIN LEVEL 0" ABCD 1 A3.5 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" (E) SHINGLE ROOF (E) BOARD & BATTEN WD SIDING (E) STUCCO 4.5 12 4.5 12 UPPER LEVEL 9' - 0" MAIN LEVEL 0" ABCD MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" UPPER LEVEL 9' - 0" 2 A3.5 UPPER LEVEL PLATE HEIGHT 17' - 0" (E) SHINGLE ROOF (E) BOARD & BATTEN WD SIDING (E) STUCCO 4.5 12 4.5 12 STUCCO @ (P) ADDITION BEHIND GARAGE TO MATCH (E) STUCCO project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) ELEVATIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.1 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) EAST ELEVATION1 1/4" = 1'-0" (P) EAST ELEVATION2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" 134652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" (E) STUCCO (E) SHINGLE ROOF 4.5 12 4.5 124.5 12 (E) GABLE VENT 1 A3.6 UPPER LEVEL 9' - 0" MAIN LEVEL 0" 134652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 2 A3.6 UPPER LEVEL 9' - 0" UPPER LEVEL PLATE HEIGHT 17' - 0" (E) STUCCO (E) SHINGLE ROOF 4.5 12 4 A3.5 3 A3.5 7 3/4" MAX23' - 9" MAX HEIGHTSTUCCO @ (P) ADDITION TO MATCH (E) STUCCO CLASS B ROOFING TO MATCH (E) project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) ELEVATIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.2 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) NORTH ELEVATION1 1/4" = 1'-0" (P) NORTH ELEVATION2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" A B C D 1 A3.5 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" (E) SHINGLE ROOF (E) STUCCO (E) WD PERGOLA (E) WD DECK AND RAIL (E) CONC. WALL PROPERTY LINE (E) FENCE 4' - 0" MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" A B C D MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" UPPER LEVEL 9' - 0" 2 A3.5 UPPER LEVEL PLATE HEIGHT 17' - 0" (E) WD PERGOLA (E) WD DECK AND RAIL (E) CONC. WALL3' - 4"4.5 12 4.5 12 4.5 12 4.5 12 24' - 0" MAX HEIGHTSTUCCO @ (P) ADDITION TO MATCH (E) STUCCO PROPERTY LINE (E) FENCE (P) LANDSCAPING project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) ELEVATIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.3 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) WEST ELEVATION1 1/4" = 1'-0" (P) WEST ELEVATION2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" 1 3 4 652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 4.5 12 4.5 12 (E) SHINGLE ROOF (E) BOARD & BATTEN WD SIDING (E) STUCCO (E) CONC. FOUNDATION WALL (E) GABLE VENT 1 A3.6 20' - 0 1/2" +/- MAX (E) BLDG HEIGHTMAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" 1 3 4 652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 2 A3.6 UPPER LEVEL 9' - 0" UPPER LEVEL PLATE HEIGHT 17' - 0"20' - 0 1/2" +/- MAX (E) BLDG HEIGHT4.5 12 4.5 12 (E) SHINGLE ROOF (E) BOARD & BATTEN WD SIDING (E) STUCCO (E) CONC. FOUNDATION WALL (E) GABLE VENT 4 A3.5 3 A3.5 CLASS B ROOFING TO MATCH (E) STUCCO @ (P) ADDITION TO MATCH (E) STUCCO (P) ADDITION BEYOND (N) STEPS TO (E) DECK project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) ELEVATIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.4 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) SOUTH ELEVATION1 1/4" = 1'-0" (P) SOUTH ELEVATION2 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" 13465 (E) GARAGE 2 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 4.5 12 4.5 12 1 A3.6 (E) GABLE VENT (E) SHINGLE ROOF (E) STUCCO 6"1/2"MAIN LEVEL 0" 134652 MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" 2 A3.6 UPPER LEVEL 9' - 0" (E) GARAGE 4.5 12 4.5 12 UPPER LEVEL PLATE HEIGHT 17' - 0" 4 A3.5 3 A3.5 PRIMARY BEDROOM FAMILY ROOM STAIR DINING RM (P) CONDITIONED CRAWL SPACE8' - 0"6"MAIN LEVEL 0" AB MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" UPPER LEVEL 9' - 0" 2 A3.5 UPPER LEVEL PLATE HEIGHT 17' - 0"6' - 8" MIN. CLR.9' - 9"8' - 0"WIC 1/2 BATH STAIR (P) CONDITIONED CRAWL SPACE MAIN LEVEL 0" AB UPPER LEVEL 9' - 0" 2 A3.5 DINING RM (P) CONDITIONED CRAWL SPACE7' - 11"9' - 8"(P) WET BAR project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) SECTIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.5 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) BUILDING SECTION 11 1/4" = 1'-0" (P) BUILDING SECTION 121/4" = 1'-0" (P) STAIR SECTION4 1/4" = 1'-0" (P) BUILDING SECTION 23 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" A B C D MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" (E) KITCHEN (E) BATH (E) BEDROOM 3 (E) OFFICE(E) BEDROOM (E) CRAWL SPACE MAIN LEVEL 0" LOWER LEVEL -8' - 8 1/2" A B C D MAIN LEVEL PLATE HEIGHT 8' - 0 1/2" UPPER LEVEL 9' - 0" 2 A3.5 UPPER LEVEL PLATE HEIGHT 17' - 0"2' - 6"PRIMARY BEDROOM BATH FAMILY ROOM (P) OFFICE / ALCOVE (E) BATH (E) KITCHEN (E) BEDROOM (E) OFFICE (E) CRAWL SPACE (P) CONDITIONED CRAWL SPACE8' - 0"8' - 0"9' - 9"BUILT-IN DESK project name : approved stamp location : architect's stamp : PROJECT NO: DRAWN BY: CHECKED BY: COPYRIGHT © 2023 CARI-DESIGNS INC. DATE: address : (E) & (P) SECTIONS 40 ANSON WAY KENSINGTON, CA 94707 ADDITION A3.6 2229 EP CRJ 05/25/2023 1/4" = 1'-0" (E) BUILDING SECTION 31 1/4" = 1'-0" (P) BUILDING SECTION 32 SITAETSLNEC CNOCFO FILA R AITICRADEH ET REN.: JELEN JUNE 2023 C-35976 CARI ROSNER PROJECT ISSUE RECORD # REVISION DATE DEVELOPMENT PLAN 07/10/2023 ATTACHMENT 3 AGENCY COMMENTS REVIEW OF AGENCY PLANNING APPLICATION THIS IS NOT A PROPOSAL TO PROVIDE WATER SERVICES The technical data supplied herein is based on preliminary information, is subject to revision and is to be used for planning purpose ONLY DATE: 07/28/2023 EBMUD MAP(S): 1482B518 EBMUD FILE:S-11443 AGENCY: Department of Conservation and Development Attn: Adrian Veliz 30 Muir Road MARTINEZ, CA 94553 AGENCY FILE: CDDP23- 03024 FILE TYPE: Development Plan APPLICANT: Cari Rosner Jelen 800 Bancroft Way, Suite 200 Berkeley, CA 94710 OWNER: Elena Saxonhouse 40 Anson Way Kensington, CA 94707-1105 DEVELOPMENT DATA ADDRESS/LOCATION: 40 Anson Way City:KENSINGTON Zip Code: 94707-1105 ZONING:R-6, -TOV -K PREVIOUS LAND USE: DESCRIPTION: A 2-story addition to an existing single family home including a new deck and bathroom TOTAL ACREAGE:0.2 ac. TYPE OF DEVELOPMENT: Single Family Residential:1 Units WATER SERVICES DATA PROPERTY: in EBMUD ELEVATION RANGES OF STREETS: 423-445 ELEVATION RANGE OF PROPERTY TO BE DEVELOPED: 414-431 All of development may be served from existing main(s) Location of Main(s):Anson Way PRESSURE ZONE SERVICE ELEVATION RANGE A4BA 400-500 None from main extension(s) Location of Existing Main(s): PRESSURE ZONE SERVICE ELEVATION RANGE COMMENTS If additional water service is needed, the project sponsor should contact EBMUD's New Business Office and request a water service estimate to determine the costs and conditions of providing additional water service to the development. Engineering and installation of water meters requires substantial lead time which should be provided for in the project sponsor's development schedule. No water meters are allowed to be located in driveways. The project sponsor should be aware that Section 31 of EBMUD's Water Service Regulations requires that water service shall not be furnished for new or expanded service unless all the applicable water-efficiency measures described in the regulation are installed at the project sponsor's expense. Due to EBMUD's limited water supply, all customers should plan for shortages in time of drought. AAL CHARGES & OTHER REQUIREMENTS FOR SERVICE: Contact the EBMUD New Business Office at (510)287-1008. ________________________________________ Jennifer L Mcgregor,Senior Civil Engineer; DATE WATER SERVICE PLANNING SECTION 07/28/2023 From:Everett Louie To:Adrian Veliz Subject:FW: KMAC Votes and video Date:Thursday, October 26, 2023 2:40:02 PM See below for 40 anson way in kensington. From: Robert Rogers <Robert.Rogers@bos.cccounty.us> Sent: Thursday, October 26, 2023 1:54 PM To: Branka Tatarevic <Branka.Tatarevic@dcd.cccounty.us>; Everett Louie <Everett.Louie@dcd.cccounty.us>; Grant Farrington <Grant.Farrington@dcd.cccounty.us>; Maria Lara-Lemus <Maria.Lara-Lemus@dcd.cccounty.us> Cc: Lloyd Cowell <lloydcowell@hotmail.com> Subject: KMAC Votes and video HI all, Last night’s KMAC Meeting can be viewed here: https://youtu.be/ApYhsbTPbHI Action items: Votes: 30 Kingston: Approved 5-0 40 Anson: Approved 3-1-1 211 Yale: Approved 5-0 418 Colusa: Approved 5-0 154 Lawson: Approved 5-0 Thank you, Robert Robert Rogers District Coordinator Office of County Supervisor John Gioia 11780 San Pablo Ave., Suite D El Cerrito, CA, 94530 510.942.2224 www.cocobos.org/gioia ATTACHMENT 4 REQUEST FOR PUBLIC HEARING •sauqu)Hcot!fpeuopedtn!tlEaAEupprco #Jroqpue`pefordaq}joArmqpedmcoapsstuspo]4!ngloddoueenEt|o]s!isonhal aqu .£ofrs vD `uodysu" `Arm uosuv or ]t2 papeso[ s! fuedord aqL .oTooo-€z"co laqrmu3Hdo]aDtl3[ap[u!8qulBaq3!|qndeaHs3nba[ue|`[a»a[s!tp]oAmrfu `ucouco ifrml )! uovyA 0J. Sogl-£ov (ors) .qd f04rs vD `uogivsuex rfum uosuv 9£ u!qDOM Squ 8zOz `z 3uur HEE|D9EN .RI ]o NS]a ]HJ. wotl] ATTACHMENT 5 SITE VISIT PHOTOGRAPHS ATTACHMENT 6 PUBLIC COMMENTS SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 O AKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 1 September 18, 2023 Kris McClain 36 Anson Way Kensington, CA 94707 Re: McClain Appeals Dear Kris, We have researched the proposed addition at 40 Anson Way, Kensington, CA, and made determinations about its impacts in consideration of Chapter 84-74 of the Contra Costa County Code, which lays the guidelines for building in Kensington, as well as 84-4 of the Contra Costa County Code, which lays out additional guidelines for residential building not necessarily covered within the Kensington section of the code. To lay the foundation of our research on the impacts proposed construction at 40 Anson Way, we look at the purposes of the Kensington specific section of the Contra Costa County Code: 84-74.204 - Purpose and intent. (a) The purpose of this chapter is to provide specific regulation to fairly and efficiently implement the Contra Costa County general plan policies for the Kensington Area so that future development recognizes the rights of property owners to improve the value and enjoyment of their property while minimizing impacts upon surrounding neighbors and not substantially impairing the value and enjoyment of their neighbors' property; maintains the community's property values; and promotes the general welfare, public health and safety. (b) It is a further purpose of this chapter to promote the community's values of preservation of views, light and solar access, privacy, parking, residential noise levels and compatibility with the neighborhood with regard to bulk and scale (c) Features of a development that could influence these values include but are not limited to siting, size, bulk, building envelope, height, setbacks, relative scale, off-street parking spaces, window placement, artificial lighting and location of mechanical devices such as motors, fans and vents. Part (a) recognizes the right of homeowners to develop their properties, while minimizing any impacts on their neighbors’ property value, and while protecting the ability of their neighbors to enjoy their land. Parts (b) and (c) provide criteria for evaluating the impacts of development on neighboring properties. The proposed development at 40 Anson Way fails to minimize impacts as required by the code. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 O AKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 2 The Building Exceeds the Number of Permissible Stories: Contra Costa County Code limits buildings to two stories in Kensington. Section 82-4.266 of the code defines a story as follows: "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade at any point, such basement or cellar shall be considered a story. Per 84-4.802 of the municipal code, building height maximums are set by the following criteria: 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. Due to the existing habitable basement at 40 Anson Way - which includes an existing a bedroom, bathroom, and “office” with full kitchen –the additional proposed level constitutes an impermissible third level. The diagram on the right is what was submitted to the Planning Department. This lower level wasn’t omitted from the architect’s drawings, and it didn’t receive a comment, so maybe it slipped through the cracks, but it should compel the planners to reject the proposal or require a variance application. The Proposed Building Unreasonably Impairs Views: The proposed addition adds a large mass adjacent to the dining room window at 36 Anson Way. Panoramic views of the surrounding landscape are negatively impacted. The proposal submitted to the Planning Department provides an image noting views that will be impacted, but the vantage point from which the image was taken is a misrepresentation of reality. It appears to be zoomed in and possibly at a lower vantage point than what one would experience standing in front of the window. The following photo, looking from the backmost windows of 36 Anson Way show more SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 3 accurately the significant negative impact on views caused by the proposed addition at 40 Anson Way. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 4 The Proposed Building Unreasonably Impairs Access to Daylight: The addition at 40 Anson Way will cast shadows towards and past its northern property line and onto the lot of 36 Anson Way due to its proximity to a shared property line. A study of cast shadows during the Winter Solstice shows that the lower level South-facing windows at 36 Anson Way will be shaded out from 9 am through noon, greatly diminishing solar access during the period of the year where access to the sun is at its greatest premium. Additionally, shadows will be cast through a large part of the rear yard, including over an existing greenhouse and the garden area leading up to it. The excessive height of the proposed building i s unnecessary, impermissible, and creates significant problems for the residents of 36 Anson Way that the county should be taking into consideration. SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 5 Large Size of the Home/Location of Addition/Utilization of Existing: The proposed addition at 40 Anson Way creates a hom e with the following amenities: · 5 bedrooms · 2 kitchens · 3 living spaces · 3.5 baths · 1 parking space The existing habitable lower level currently has a full bathroom, kitchen, a bedroom, and space that can be used for living. By connecting the main house to the basement, many of the same rooms in the proposed design can be accessed from the main level without the need for extensive new construction. Alternatively, if the owners of 40 Anson Way are in tent on building a third level, then moving the extension to the opposite side of the house would eliminate any shadowing and view impacts on 36 Anson Way, while having a much more limited impact on the neighbors at 44 Anson Way. PROPOSED PROJECT WITH 3RD FLOOR ADDITION THAT CREATES SHADOWS AND BLOCKS VIE WS SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 6 PROPOSED PROJECT WITH 3RD FLOOR ADDITION MOVED TO OTHER SIDE – OPTION 1 PROPOSED PROJECT WITH 3RD FLOOR ADDITION MOVED TO OTHER SIDE – OPTION 2 SHELTERWERK ARCHITECTURE & DESIGN 1904 FRANKLIN STREET, SUITE 310 OAKLAND, CALIFORNIA 94612 510.595.3836 | SHELTERWERK.COM 7 Sincerely, Heather Sanders-Jacob Ashwin Biln September 22, 2023 Re: 40 Anson Way, CDDP23-03024 (on September KMAC Meeting Agenda) Dear KMAC members, We write to respond to the letter from Shelterwerk Architects to Kris McClain, 36 Anson Way, forwarded to you by the County of Contra Costa Department of Conservation and Development. While we plan to make an oral presentation at the KMAC meeting next week, we thought it would be most efficient to respond to some of the assertions in the letter in advance. Permissible Stories • As our architect will explain at the upcoming meeting, the issue of the number of stories of our home with the addition did not “slip through the cracks.” (Shelterwerk letter, p. 2.) Rather, our architect directly addressed this issue with the assigned planner. The planner found that the home with planned addition is still properly characterized as a two-story home. The planner determined that the project does not require a variance for number of stories, or for any other reason. Impairment of Views • The Shelterwerk letter addresses the south-facing window at 36 Anson, but neglects to mention the unobstructed views of the San Francisco Bay and Golden Gate Bridge from 36 Anson, which would not be impacted by the proposed addition. The west-facing view pictured below is taken from the roof of 40 Anson Way, which approximates the height of the west-facing windows of 36 Anson Way. When taken in this context, the impact to the south-facing window will not “substantially impair” the value and enjoyment of 36 Anson. CCC Code 84-74.204(a). • Even if the south-facing view were significant in the context of the unimpacted west- facing view, blocking it would not impair Ms. McClain’s enjoyment of her property for the simple reason that the shade of the south-facing window remains almost permanently down. We investigated this issue by placing a time-lapse camera in our backyard. Reviewing the footage, we were only able to identify one instance in which the shade was raised between the first day we began recording, July 12, 2023, and today’s date. It appears that the shade was raised for 10 minutes or fewer that day (September 2, 2023). This is consistent with our experience over the past nearly 10 years– we rarely have seen the shade of the impacted window raised in the entire time we have lived next door. We would be happy to present the time-lapse evidence to KMAC if you find it to be relevant. Characterization of 40 Anson and Proposed Addition • Shelterwerk’s characterization of our current home is misleading. The basement area, accessed by a separate entrance below the deck, is approximately 370 square feet, with two rooms and a bathroom. Though it has a wetbar and microwave, it is misleading to describe the outer room’s amenities as including a “full kitchen.” • Shelterwerk’s characterization of the home’s amenities post-addition is incorrect. The bedroom that is currently at the northwest corner of the house would become an office nook as it would be too small to be properly characterized as a bedroom and will lack a closet. Accordingly, there would be 4 bedrooms, not 5. It is also misleading to describe the basement’s amenities as including a “kitchen” and “living space,” bringing those totals to 2 and 3, respectively. • Post-addition, apart from the separately-accessed basement, our home will be similarly sized to Ms. McClain’s home (2,183 square feet for 40 Anson, compared with 1,952 square feet for 36 Anson, per Zillow). Proposed Alternative Designs • Building another story on top of the southern part of the house would appear to require a variance for 3 stories. • Building another story on top of the southern part of the house would block the Western facing view of our neighbors to the East. • It is unclear where staircases could be placed to the proposed alternative upper or lower levels, other than in the middle of our current kitchen, living room, or hallway to the bedrooms. • Building either staircase would substantially reduce the square-footage of our main level. • The proposal to solely build out the basement and current crawlspace for our addition would deprive us of the ability to capitalize on the western facing views of the Bay for which Kensington is known. • Both proposed alternatives would require us to move out of our home for the entire renovation, causing major disruptions and additional cost to our family of four with two young children. The proposed addition would allow us complete most of the construction without having to move out of our home. We look forward to sharing more next week about the proposed project and the changes we made prior to submitting the plans to reduce the impact on our neighbor at 36 Anson. Sincerely, Elena Saxonhouse Tulley Rafferty 40 Anson Way Kensington, CA 94707 cc: Adrian Veliz, Senior Planner ATTACHMENT 7 SHADOW ANALYSIS EXHIBIT 5 3D SHADOW ANALYSIS RENDERINGS CREATED USING HTTPS://SHADEMAP.APP Simulated Shadow -Winter Solstice @ 9:00 a.m. Simulated Shadow – Winter Solstice @ 11:00 a.m. Building height simulated at 31’ Building height simulated at 31’ RENDERINGS CREATED USING HTTPS://SHADEMAP.APP Simulated Shadow – Winter Solstice @ 12:00 p.m. Simulated Shadow – Winter Solstice @ 1:00 p.m. Building height simulated at 31’ Building height simulated at 31’ RENDERINGS CREATED USING HTTPS://SHADEMAP.APP Simulated Shadow – Winter Solstice @ 2:00 p.m. Simulated Shadow – Winter Solstice @ 3:00 p.m. Building height simulated at 31’ Building height simulated at 31’ RENDERINGS CREATED USING HTTPS://SHADEMAP.APP Simulated Shadow – Equinox @ 12:30 p.m. Simulated Shadow – Summer Solstice @ 12:45 p.m. Building height simulated at 31’ Building height simulated at 31’ EXHIBIT 6 POWERPOINT PRESENTATION Anson Way Development Plan Permit Appeal County File: CDDP23-03024 COUNTY PLANNING COMMISSION MARCH 27, 2024 Background A public hearing request in response to Kensington Design Review CDKR23-00010 was received by CDD staff on June, 7 2023, necessitating the submittal of Development Plan CDDP23-03024 for the proposed addition. 2 Zoning Map 3 General Plan Map 4 Aerial Map 5 Proposed Two-Story Addition 6 Proposed Two-Story Addition 7 Zoning Administrator’s Decision On February 5, 2024, the County Zoning Administrator approved the project, finding the addition to be in compliance with Kensington Combining District Ordinance, and all applicable development standards for the R-6 single-family residential zoning district. On February 14, 2024, CDD staff received a formal appeal from Shona Armstrong on behalf of neighboring property owner Kris McClain. 8 Armstrong Appeal The project violates general plan policies protecting views and solar access due to unnecessary building bulk. The project exceeds height limitations codified in County Ordinances. The project does not meet findings required under Kensington Ordinances for approval of the proposed addition. The project adversely affects the neighbor's property value. The project does not adequately consider the interests of the appellant. 9 View Impact 10 View Impact 11 View Impact 12 View Impact 13 Solar Access Impact (Summer Solstice) www.suncalc.org 14 Solar Access Impact (Equinox) www.suncalc.org 15 Solar Access Impact (Winter Solstice) www.suncalc.org 16 Solar Access Impact (Summer Solstice) https://shademap.app 17 Solar Access Impact (Equinox) https://shademap.app 18 Solar Access Impact (Winter Solstice) https://shademap.app 19 Solar Access Impact (Model Perspective) https://shademap.app 20 Building Height 21 County Ordinance Section 82-4.214 (Building Height): “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 the natural grade. County Ordinance 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. Building Height 22 Staff Response to Appeal Staff followed the requirements of the Kensington Ordinance and development standards for the R-6 zoning district. Staff measured building height consistent with applicable County Ordinance. The project does not result in substantial impacts to views or solar access for the appellants property. 23 Questions? 24 Anson Way Development Plan Permit Appeal County File: CDDP23-03024 COUNTY PLANNING COMMISSION MARCH 27, 2024 Background A public hearing request in response to Kensington Design Review CDKR23-00010 was received by CDD staff on June, 7 2023, necessitating the submittal of Development Plan CDDP23-03024 for the proposed addition. 2 Zoning Map 3 General Plan Map 4 Aerial Map 5 Proposed Two-Story Addition 6 Proposed Two-Story Addition 7 Zoning Administrator’s Decision On February 5, 2024, the County Zoning Administrator approved the project, finding the addition to be in compliance with Kensington Combining District Ordinance, and all applicable development standards for the R-6 single-family residential zoning district. On February 14, 2024, CDD staff received a formal appeal from Shona Armstrong on behalf of neighboring property owner Kris McClain. 8 Armstrong Appeal The project violates general plan policies protecting views and solar access due to unnecessary building bulk. The project exceeds height limitations codified in County Ordinances. The project does not meet findings required under Kensington Ordinances for approval of the proposed addition. The project adversely affects the neighbor's property value. The project does not adequately consider the interests of the appellant. 9 View Impact 10 View Impact 11 View Impact 12 View Impact 13 Solar Access Impact (Summer Solstice) www.suncalc.org 14 Solar Access Impact (Equinox) www.suncalc.org 15 Solar Access Impact (Winter Solstice) www.suncalc.org 16 Solar Access Impact (Summer Solstice) https://shademap.app 17 Solar Access Impact (Equinox) https://shademap.app 18 Solar Access Impact (Winter Solstice) https://shademap.app 19 Solar Access Impact (Model Perspective) https://shademap.app 20 Building Height 21 County Ordinance Section 82-4.214 (Building Height): “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 the natural grade. County Ordinance 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. Building Height 22 Staff Response to Appeal Staff followed the requirements of the Kensington Ordinance and development standards for the R-6 zoning district. Staff measured building height consistent with applicable County Ordinance. The project does not result in substantial impacts to views or solar access for the appellants property. 23 Questions? 24 Attachment 5 CDDP23-03024 ZA Staff Report Department of Conservation and Development County Zoning Administrator Monday, February 5, 2024 – 1:30 P.M. STAFF REPORT Agenda Item #_____ Project Title: 40 Anson Way Kensington Design Review Development Plan County File(s): CDDP23-03024 Applicant/Owners: Cari Rosner Jelen (Applicant) / Elena Saxonhouse (Owner) Zoning/General Plan: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District / SH Single-Family Residential-High Density Site Address/Location: 40 Anson Way in the Kensington area of unincorporated Contra Costa County (APN: 572-233-012) California Environmental Quality Act (CEQA) Status: Categorical Exemption, CEQA Guidelines Section 15301(e)(2) Project Planner: Adrian Veliz, Senior Planner, (925) 655-2879 adrian.veliz@dcd.cccounty.us Staff Recommendation: Approve (See section II for full recommendation) I. PROJECT SUMMARY The applicant requests approval of a Kensington Design Review Development Plan to allow a 993 square-foot two-story addition to the northern side of an existing single-family residence. II. RECOMMENDATION Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator: County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 2 of 11 A. FIND that the project is categorically exempt from CEQA under Section 15301(e)(2) of the CEQA Guidelines. B. APPROVE Kensington Design Review Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to an existing single-family residence, subject to the attached findings and conditions of approval. C. DIRECT staff to file a Notice of Exemption with the County Clerk. III. GENERAL INFORMATION A. General Plan: SH Single-Family Residential – High Density. B. Zoning: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District. C. California Environmental Quality Act (CEQA): CEQA Guidelines Section 15301(e)(2) Existing Structures, Class I exemption for additions to existing structures of no more than 10,000 square feet in an area that is not environmentally sensitive and where all public services and facilities are available for maximum development permissible in the General Plan. D. Previous Application: CDKR23-00010: This application for Kensington Design Review for a two-story residential addition was submitted on May 11, 2023. A Notice of Intent to Render an Administrative Decision was sent to property owners within 300 feet of the subject parcel on June 1, 2023. On June 7, 2023, the CDD received a written request for a hearing, and the applicant submitted an application for the CDDP23-03024 Development Plan on July 11, 2023. IV. SITE/AREA DESCRIPTION The property at 40 Anson Way is an 8,800 square-foot parcel located on the west side of Anson Way approximately 330 feet north of the intersection of Anson Way and Eureka Avenue. Eureka Avenue slopes downward to the west into the City of El Cerrito. The subject parcel slopes downward from northeast to southwest. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 3 of 11 The project neighborhood, including the subject parcel, is comprised of single-family residences. The terrain in this part of Kensington consists of moderate to steeply sloped hillsides. Generally, elevation increases north and east of the site, whereas areas south and west of the site are located downslope. Due to the topography of the area many homes in the neighborhood have distant views to the west of city skylines, the San Francisco Bay, Golden Gate Bridge and/or Bay Bridge. The subject parcel is rectangular in shape, having a width of 80 feet along Anson Way and a depth of 110 feet. The parcel includes a 1,357 square-foot single-family residence, which was originally constructed in 1946 V. PROJECT DESCRIPTION The applicant requests approval of a Development Plan to allow a 993 square-foot two-story addition behind an existing garage on the northern side of the existing single-family residence. Currently, the northern side of the existing residence is one- story and approximately 13 feet in height. The two-story addition would expand the residential footprint and increase the northerly height of the home to 24 feet. VI. AGENCY COMMENTS An Agency Comment Request packet for the proposed residential addition was sent on March 14, 2023, to a number of public agencies, including Building Inspection Division, Kensington Fire Protection District, Stege Sanitary District, East Bay Municipal Utility District, and Kensington Municipal Advisory Council. Agency comments received by staff are included in Attachment 3. Following are summaries of the agency comments received. A. East Bay Municipal Utility District: On July 28, 2023, the East Bay Municipal Utility District submitted a memorandum stating that if additional water service is needed, the applicant should contact their New Business Office and that new water service will not be provided unless applicable water efficiency measures are installed. An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is responsible for contacting the East Bay Municipal Utility District regarding additional water service. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 4 of 11 B. Kensington Municipal Advisory Council (MAC): On October 26, 2023, the Kensington MAC submitted an email stating that at its meeting on October 25, 2023, the MAC recommended approval of the application by a vote of 3-1, with a fifth member abstaining. VII. REQUEST FOR PUBLIC HEARING On June 7, 2023, the neighboring property owner at 36 Anson Way, located adjacent to and north of the subject parcel submitted a letter requesting a public hearing on Kensington Design Review CDKR23-00010. The letter is included in Attachment 4. In the letter, the neighboring property owner requested an opportunity to discuss the compatibility of the proposed addition and its impact on adjacent residences. VIII. STAFF ANALYSIS A. General Plan Consistency: The subject parcel at 40 Anson Way is located within the SH Single-Family Residential – High Density General Plan land use designation. The SH designation is intended to promote the orderly development of single-family residential neighborhoods. The project entails an addition to increase living area within an existing 1,357 square-foot single-family residence by 993 square feet. The proposed addition does not change the established residential use of the site, it’s residential density, or lot size. Thus, the single- family residential nature of the project does not conflict with the intent and purpose of the SH designation. The project is also subject to the Policies for the Kensington Area, Policies 3-211 through 3-215 of the General Plan Land Use Element. Collectively, these policies provide for reasonable review of new residential development with protection for existing residences in the Kensington community. New residential projects are evaluated for view impacts, design compatibility, privacy, and solar access. The project’s compliance with each of these policies is discussed below. Additionally, this report includes discussion of the proposed design, including view impacts, design compatibility, parking, privacy, and solar access, as required by General Plan policies for the Kensington area. Therefore, the project is consistent with General Plan Policies 3-211 through 3-215. Policy 3-211: Allow for the review of new residential development that provides reasonable protection for existing residences in the Kensington community with County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 5 of 11 regard to: views, design compatibility (including building bulk, size, and height), adequate parking, privacy, and access to sunlight. This project was initially submitted to the CDD as administrative Kensington Design Review application CDKR23-00010. Upon the CDD’s receipt of a written request for a public hearing on the CDKR23-00010 application in response to public notifications associated therewith, the applicant submitted the current CDDP23-03024 Development Plan application in order to continue the planning process. The processing of this application, culminating in a Zoning Administrator decision at a noticed public hearing, provides reasonable protection for neighboring property owners by providing a process including public notification and allowing additional opportunities for concerned neighbors to comment on the project before a decision is made. As discussed in detail within the Zoning Compliance section of this report, staff finds the proposed residential addition to be consistent and compatible with the surrounding neighborhood and does not anticipate that the addition would have a substantial impact on views, privacy, or solar access for neighboring properties. Policy 3-212: Preservation of views of scenic natural features (e.g. Bay, mountains) and the developed environment (e.g., bridges, San Francisco skyline) should be incorporated into the review of development applications. Section 84-74.404(r) of the Kensington Combining District Ordinance (County Code Chapter 84-74) defines “view” as “a scene from a window in habitable space of a neighboring residence. The term ‘view’ includes both up -slope and downslope scenes, but is distant or panoramic range in nature, as opposed to short range.” The subject parcel and neighboring parcels are situated on a western facing slope that descends steeply to the west towards the City of El Cerrito. The topography of the area is such that it allows many homes on the hillside to enjoy distant westerly views of city skylines, the San Francisco Bay, Golden Gate Bridge and/or Bay Bridge. On October 6, 2023, at the request of the Kensington MAC, the applicant installed story poles on the subject parcel in order to simulate the height and building mass of the proposed addition. On October 20, 2023, staff was permitted to view the story poles from two neighboring residences at 36 Anson Way (adjacent to and north of the subject parcel) and 39 Anson Way (across the street to the east of the subject parcel) in order to assess potential view impacts. Aesthetically, the proposed addition would have the greatest impact on a southern facing window on the second story of the residence at 36 Anson Way. Existing views from this southern facing window County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 6 of 11 predominantly consist of neighboring residences and neighborhood trees. Since these existing views are not distant or panoramic in nature, they do not constitute a “view” as defined by the Kensington Combining District Ordinance. Based on the October 20, 2023 site visit, the proposed addition does not substantially degrade any existing “view” – as defined by the aforementioned County Ordinance - from within any neighboring residence. Therefore, the project preserves views in a manner consistent with Policy 3-212. Staff photographs depicting the story poles from neighboring residences are included in this report as Attachment 5. Policy 3-213: Review proposed residential development for design compatibility with nearby development (e.g. building mass, height, mechanical devices) and provisions for adequate parking. The project neighborhood consists of a mix of one- and two-story single-family residences. Considering that two-story residences presently exist on immediately adjacent parcels to the north, south, east, and west, the building mass of the proposed two-story addition is consistent and compatible with the design of existing residential development in the vicinity. Additionally, the proposed addition would have a height of 24 feet, which is substantially less than the 35- foot maximum for residential development in the R-6 Single-Family Residential District pursuant to Section 84-4.802 of the County Code. Further, the existing two-car garage on the subject parcel meets the off-street parking requirement for the R-6 District pursuant to Section 84-4.1202 of the County Code. Therefore, based on the foregoing discussion, the project is considered compatible with existing development in the vicinity in terms of design, height, and the provision of adequate parking. Policy 3-214: New residential development will be reviewed against realistic impacts of privacy and sunlight on surrounding neighbors. Staff has evaluated the project to determine whether realistic impacts of privacy and sunlight would expectedly arise from the addition. The addition is not expected to affect the privacy or solar access on neighboring parcels to any significant degree, as discussed in detail in the below Zoning Compliance Section B.3 below. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 7 of 11 Policy 3-215: Consideration will be given to review of non-residential development in the Kensington community with Policies 3-211 through 3-213 herein. The proposed project is a residential addition to an existing single-family residence. Thus, this policy does not apply. B. Zoning Compliance: The subject parcel is located in the R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, and -K Kensington Combining District. The proposed project does not involve removal or addition of any tree, and therefore, the regulations of the Tree Obstruction of Views Combining District do not apply to this application. The intent and purpose of the R-6 District is to facilitate orderly development and maintenance of high-density, single-family residential neighborhoods. The proposed residential addition conforms to all R-6 development standards (e.g. front setback, side and rear yards, building height, off- street parking). Therefore, the proposed addition to an existing single-family residence meets the intent and purpose of the R-6 District. The Kensington Combining District includes seven criteria for approval of the Development Plan. As detailed below, the project satisfies all seven criteria. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Finding: The project is a 993 square-foot two-story addition to the northern side of an existing single-family residence in the R-6 Single-Family Residential District. The proposed addition is in conformance with minimum setback, minimum side and rear yards, maximum building height, and minimum off- street parking requirements applicable to development in the R -6 District. Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District, absent substantial impacts to neighboring parcels in terms of views, privacy, or solar access. The property owners have indicated that the increased square-footage is necessary to accommodate the needs of their family, while also providing office areas to better accommodate working from home. Additionally, the proposed two-story configuration will allow for improved views of the San Francisco Bay and city skyline from within County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 8 of 11 the existing residence, similar to those enjoyed by residents of numerous other properties in the immediate vicinity. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design. Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply. 3. Minimizing impacts upon surrounding neighbors. Finding: The project involves a two-story residential addition that is in conformance with all applicable development standards for the R-6 District. Section 84-74.204(b) of the Kensington Combining District Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below: • Privacy: The project proposes a two-story addition to the northern side of the existing single-family residence on the subject parcel. The neighboring property nearest to the proposed addition is the adjacent property to the north at 36 Anson Way. All upper-level windows of the residence at 36 Anson Way are oriented either towards the street to the east, or towards the scenic San Francisco Bay to the west. Since the addition does not include any northern or southern facing windows, the project would not substantially impair privacy for next door neighboring parcels, including the residence at 36 Anson Way. Therefore, the project minimizes privacy impacts upon surrounding neighbors. • Light and Solar Access: The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e. setbacks), size, and height. The project includes a two-story addition behind an existing garage on the northern side of the existing single-family residence on the subject parcel. The northern side of the existing residence is presently one- story and approximately 13 feet in height. The two-story addition County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 9 of 11 would expand the residential footprint and increase the northerly height of the home to 24 feet. The proposed addition would be located at least 42 feet 8 inches and 63 feet 2 inches from the western rear and southern side property lines respectively, and even further from homes located to the east across Anson Way. Therefore, the project would be expected to have negligible impacts to light or solar access on neighboring properties to the south, east, and west of the subject parcel. The proposed addition would be located 8 feet 3 inches from the northern side property line (where 5 feet is the minimum required) and would be situated approximately 15 to 20 feet south of the existing adjacent residence to the north at 36 Anson Way. The 15 to 20 feet of separation between adjacent residences is typical for development in the R-6 District, where development standards allow for as little as 10 feet of separation. It is not uncommon for adjacent homes in the Kensington community to have less than 10 feet of separation due to lot dimensions and/or existing legal non- conforming residences constructed prior to the implementation of the County zoning code. Additionally, the 24-foot height of the proposed addition conforms to the 35-foot maximum permissible building height for residential development in the R-6 District. In a letter dated September 18, 2023, included with this report as Attachment 6, the consultant to the owner of the neighboring adjacent property to the north at 36 Anson Way, expressed a concern, amongst others, that the project unreasonably impairs access to daylight by casting shadows on the 36 Anson Way property. The letter includes a diagram depicting shadows cast on the property at 9 AM, 12 noon, and 3 PM on the winter solstice, whereon the proposed addition is approximated to cast a shadow over the western portion of the 36 Anson Way residence and rear yard at 9am, and over the southernmost portions of this residence at noon. Notably, the shadow analysis provided by the neighbor’s consultant is limited to conditions expected at a specific time of year when the daylight hours are shortest (i.e. the sun rises later and sets earlier than any other date) and when the sun rises at its southernmost location in the sky. Using a web-based application (www.suncalc.org) that shows the movement County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 10 of 11 of the sun for a certain date at a certain place, staff has prepared a Shadow Analysis (Attachment 7) to approximate the project’s effect on solar access for the summer solstice, and at the equinox. The shadow analysis shows the sun rising further to the north and higher in the sky throughout the rest of the year, and the extent of shadows cast on the northerly parcel are typically much less throughout the year than depicted by the consultant. Therefore, the project is not expected to affect the neighboring residence’s solar access to any significant degree. 4. Protecting the value and enjoyment of the neighbors' property. Finding: As previously mentioned, the addition would not significantly block any views in the project neighborhood or decrease privacy or access to sunlight. Therefore, absent significant impacts on neighboring parcels, the addition would preserve the value and enjoyment of the neighbors’ property. 5. Maintaining the community’s property values. Finding: The project involves an addition to an existing single-family residence in an established residential neighborhood. The proposal does not involve a incompatible land use that would conflict with the surrounding residential community in a manner that may negatively affect property values. Additionally, the project does not substantially affect scenic views, privacy, or solar access for neighboring parcels to any significant degree. Therefore, the project maintains the community’s property values. 6. Maximizing the use of existing interior space. Finding: The existing single-family residence consists of a main floor at street level having approximately 1,202 square feet of living area and a 372 square foot two-car garage. A lower level beneath the southern end of the existing residence provides an additional 373 square feet of conditioned living space. There is no existing interior space within the residence that is not presently being utilized as part of the residence. Thus, the 993 square -foot increase in living space sought by the property owners could not feasibly be accomplished within the existing building envelope. Therefore, staff finds that the project maximizes the use of existing interior space. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 11 of 11 7. Promoting the general welfare, public health, and safety. Finding: The residential addition does not change the land use on the subject parcel and, as described above, would have minimal impact on neighboring properties. The project’s compliance with applicable zoning standards and the requirement to obtain building permits will ensure that the addition does not present a hazard to public health and safety for the occupants or community at large. Thus, the project promotes the general welfare, public health, and safety of the Kensington community. IX. CONCLUSION A. Construction of the proposed residential addition is consistent with the SH Single-Family Residential-High Density General Plan land use designation and complies with the intent and purpose of the R-6 Single-Family Residential Zoning District and the -K Kensington Combining District. Therefore, staff recommends approval of Kensington Design Review Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to an existing single-family residence, subject to the attached findings and conditions of approval. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 1 of 8 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE CDDP23-03024; CARI ROSNER JELEN (APPLICANT), ELENA SAXONHOUSE (OWNER) FINDINGS A. Kensington Combining District Findings County Code Section 84-74.1206(b) requires a project within the Kensington Combining District to satisfy seven criteria to be approved. 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Project Finding: The project is a 993 square-foot two-story addition to the northern side of an existing single-family residence in the R-6 Single-Family Residential District. The proposed addition is in conformance with minimum setback, minimum side and rear yards, maximum building height, and minimum off-street parking requirements applicable to development in the R-6 District. Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District, absent substantial impacts to neighboring parcels in terms of views, privacy, or solar access. The property owners have indicated that the increased square-footage is necessary to accommodate the needs of their family, while also providing office areas to better accommodate working from home. Additionally, the proposed two-story configuration will allow for improved views of the San Francisco Bay and city skyline from within the existing residence, similar to those enjoyed by residents of numerous other properties in the immediate vicinity. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design. Project Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply. 3. Minimizing impacts upon surrounding neighbors. Project Finding: The project involves a two-story residential addition that is in conformance with all applicable development standards for the R -6 District. Section County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 2 of 8 84-74.204(b) of the Kensington Combining District Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below: • Privacy: The project proposes a two-story addition to the northern side of the existing single-family residence on the subject parcel. The neighboring property nearest to the proposed addition is the adjacent property to the north at 36 Anson Way. All upper-level windows of the residence at 36 Anson Way are oriented either towards the street to the east, or towards the scenic San Francisco Bay to the west. Since the addition does not include any northern or southern facing windows, the project will not substantially impair privacy for next door neighboring parcels, including the residence at 36 Anson Way. Therefore, the project minimizes privacy impacts upon surrounding neighbors. • Light and Solar Access: The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e. setbacks), size, and height. The project includes a two-story addition behind an existing garage on the northern side of the existing single-family residence on the subject parcel. The northern side of the existing residence is presently one-story and approximately 13 feet in height. The two-story addition will expand the residential footprint and increase the northerly height of the home to 24 feet. The proposed addition will be located at least 42 feet 8 inches and 63 feet 2 inches from the western rear and southern side property lines respectively, and even further from homes located to the east across Anson Way. Therefore, the project will have negligible impacts to light or solar access on neighboring properties to the south, east, and west of the subject parcel. The proposed addition will be located 8 feet 3 inches from the northern side property line (where 5 feet is the minimum required) and w ill be situated approximately 15 to 20 feet south of the existing adjacent residence to the north at 36 Anson Way. The 15 to 20 feet of separation between adjacent residences is typical for development in the R-6 District, where development standards allow for as little as 10 feet of separation. It is not uncommon for adjacent homes in the Kensington community to have less than 10 feet of separation due to lot dimensions and/or existing legal non-conforming County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 3 of 8 residences constructed prior to the implementation of the County zoning code. Additionally, the 24-foot height of the proposed addition conforms to the 35- foot maximum permissible building height for residential development in the R-6 District. In a letter dated September 18, 2023, the consultant to the owner of the neighboring adjacent property to the north at 36 Anson Way, expressed a concern, amongst others, that the project unreasonably impairs access to daylight by casting shadows on the 36 Anson Way property. The letter includes a diagram depicting shadows cast on the property at 9 AM, 12 noon, and 3 PM on the winter solstice, whereon the proposed addition is approximated to cast a shadow over the western portion of the 36 Anson Way residence and rear yard at 9am, and over the southernmost portions of this residence at noon. Notably, the shadow analysis provided by the neighbor’s consultant is limited to conditions expected at a specific time of year when the daylight hours are shortest (i.e. the sun rises later and sets earlier than any other date) and when the sun rises at its southernmost location in the sky. Using a web-based application (www.suncalc.org) that shows the movement of the sun for a certain date at a certain place, staff has prepared a Shadow Analysis to approximate the project’s effect on solar access for the summer solstice, and at the equinox. The shadow analysis shows the sun rising further to the north and higher in the sky throughout the rest of the year, and the extent of shadows cast on the northerly parcel are typically much less throughout the year than depicted by the consultant. Therefore, the project is not expected to affect the neighboring residence’s solar access to any significant degree. 4. Protecting the value and enjoyment of the neighbors’ property. Project Finding: As previously mentioned, the addition will not significantly block any views in the project neighborhood or decrease privacy or access to sunlight. Therefore, absent significant impacts on neighboring parcels, the addition will preserve the value and enjoyment of the neighbors’ property. 5. Maintaining the community’s property values. Project Finding: The project involves an addition to an existing single-family residence in an established residential neighborhood. The proposal does not involve a noncompatible land use that conflicts with the surrounding residential community in County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 4 of 8 a manner that may negatively affect property values. Additionally, the project does not substantially affect scenic views, privacy, or solar access for neighboring parcels to any significant degree. Therefore, the project maintains the community’s property values. 6. Maximizing the use of existing interior space. Project Finding: The existing single-family residence consists of a main floor at street level having approximately 1,202 square feet of living area and a 372 square foot two - car garage. A lower level beneath the southern end of the existing residence provides an additional 373 square feet of conditioned living space. There is no existing interior space within the residence that is not presently being utilized as part of the residence. Thus, the 993 square-foot increase in living space sought by the property owners cannot feasibly be accomplished within the existing building envelope. Therefore, staff finds that the project maximizes the use of existing interior space. 7. Promoting the general welfare, public health, and safety. Project Finding: The residential addition does not change the land use on the subject parcel and as described above, will have minimal impact on neighboring properties. The project’s compliance with applicable zoning standards and the requirement to obtain building permits will ensure that the addition does not present a hazard to public health and safety for the occupants or community at large . Thus, the project promotes the general welfare, public health, and safety of the Kensington community. D. Environmental Findings The 993 square-foot two-story addition to the northern side of an existing single- family residence is categorically exempt under CEQA Guidelines Section 15301(e)(2), which provides a Class 1 exemption for additions to existing structures of no more than 10,000 square feet in an area that is not environmentally sensitive and where all public services and facilities are available for maximum development permissible in the General Plan.. CONDITIONS OF APPROVAL FOR COUNTY FILE CDDP23-03024 Project Approval 1. Development Plan CDDP23-03024 to allow a 993 square-foot two-story addition to the northern side of an existing single-family residence is APPROVED. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 5 of 8 2. The Development Plan approval describe above is based on the application and project plans received by the Department of Conservation and Development, Community Development Division (CDD) on July 11, 2023. 3. Any deviation from the approved plans shall require review and approval by the CDD and may require the filing of a new Kensington Design Review application. Building Permits 5. No construction is approved with this permit. Any construction at the subject parcel will require issuance of building permits from the Department of Conservation and Development, Building Inspection Division, prior to commencement of work. Application Costs 6. This application was subject to an initial application deposit of $3,000.00, which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of 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 from the date of approval, the application shall be charged interest at a rate of ten percent (10%). The applicant may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Construction All construction activity shall comply with the following restrictions, which shall be included in the construction drawings. 7. 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. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 6 of 8 8. 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. 9. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 10. 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 shall also be visible to ensure compliance with applicable regulations. 11. 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) County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 7 of 8 For specific details on the actual date the State and Federal holidays occur, please visit the following websites: Federal Holidays: Federal Holidays (opm.gov) California Holidays: State Holidays (sos.ca.gov) 12. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 AM to 4:00 PM. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, 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, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this 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 CDD within 90 days of the approval date of this permit. B. The applicant shall submit building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a building permit or proceeding with the project. County Zoning Administrator – February 5, 2024 CDDP23-03024 Page 8 of 8 C. The applicant must submit building plans to the Kensington Fire Protection District and comply with its requirements. The applicant is advised that plans submitted for a building permit must receive prior approval and be stamped by the Fire Protection District. D. The applicant is required to submit plans to the Stege Sanitary District for approval. Plans submitted for a building permit must receive prior approval and be stamped by the Sanitary District. E. The applicant is responsible for contacting the Health Services Department Environmental Health Division regarding its requirements and permits. F. The applicant is required to comply with the requirements of the East Bay Municipal Utility District. G. The applicant is responsible for contacting the Contra Costa Mosquito and Vector Control District regarding its requirements and permits. Anson Way Development Plan Permit Appeal County File: CDDP23-03024 BOARD OF SUPERVISORS AUGUST 6, 2024 Background A public hearing request in response to Kensington Design Review CDKR23-00010 was received by CDD staff on June, 7 2023, necessitating the submittal of Development Plan CDDP23-03024 for the proposed addition. Finding the project to be compliant with the letter and spirit of the Kensington Ordinance, the ZA approved CDDP23-03024 at the public hearing held on February 5, 2024. On February 14, 2024, CDD staff received an appeal of the ZA’s approval of CDDP23-03024 The appeal was considered by the County Planning Commission at the public hearing held on March 27, 2024. 2 Zoning Map 3 General Plan Map 4 Aerial Map 5 Proposed Two-Story Addition 6 Proposed Two-Story Addition 7 County Planning Commission’s Decision On March 27, 2024, the County Planning Commission denied the appeal and upheld the Zoning Administrators approval, finding the addition to be in compliance with Kensington Combining District Ordinance, and all applicable development standards for the R-6 single-family residential zoning district. On April 5, 2024, CDD staff received a formal appeal from Shona Armstrong on behalf of neighboring property owner Kris McClain. 8 Armstrong Appeal The project violates general plan policies protecting views and solar access due to unnecessary building bulk. The project exceeds height limitations codified in County Ordinances. The project does not meet findings required under Kensington Ordinances for approval of the proposed addition. 9 View Impact 10 View Impact 11 View Impact 12 View Impact 13 Building Height 14 County Ordinance Section 82-4.214 (Building Height): “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 the natural grade. County Ordinance 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. Building Height 15 Staff Response to Appeal Staff followed the requirements of the Kensington Ordinance and development standards for the R-6 zoning district. Staff measured building height consistent with applicable County Ordinance. The project does not result in substantial impacts to views or solar access for the appellants property. 16 Questions? 17 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2328 Name: Status:Type:Consent Item Passed File created:In control:7/23/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Budget Amendment No. BDA-24-00418 recognizing revenue received in fiscal year 2023- 2024 in the amount of $6,337,726 for expenses incurred in fiscal year 2022-2023 and appropriating it to Child Support Services. (66% Federal, 34% State) Attachments:1. BDA-24-00418.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 To:Board of Directors From:Lori Cruz, Child Support Services Director Report Title:Budget Amendments for Child Support Services ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Budget Amendment No. BDA-24-00418 recognizing revenue received in fiscal year 2023-2024 in the amount of $6,337,726 from the California State Department of Child Support Services for expenses incurred in fiscal year 2022-2023 and appropriating it to Child Support Services. (Child Support Services Fund). FISCAL IMPACT: Budget Amendment No. BDA-24-00418 will increases revenue in Child Support Services by $6,337,726. From the California State Department of Child Support Services. (66% federally funded and 34% state funded. No cost to county general fund) BACKGROUND: The California State Department of Child Support Services reimburses Child Support Services for expenses. Allocations are recognized quarterly. If final allocation amounts are recognized in the following fiscal year, an adjustment is needed to balance the Child Support Services budget. In fiscal year 2022-2023 fourth quarter allocations were recognized in fiscal year 2023-2024. A budget amendment is needed to balance the budget. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Child Support Services budget will not reflect actual revenue received or actual expenditures. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.1 File #:24-2328,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00418 03:53 PM 07/31/2024 Page 1 of 3 Company Contra Costa County Budget Template Operating Budget : FY2023-24 Operating Budget Budget FY2023-24 Operating Budget Organizing Dimension Type Amendment ID BDA-24-00418 Amendment Date 06/30/2024 Description Amend revenue earned in FY22-23 and recognized FY23-24 and amend FY22-23 expenditures recognized in FY23-24 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) 3619:GEN SVC-BLDG OCPNCY COSTS 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1780 CCC CHILD SPPRT SVCS-OPS 113400 CCC DEPT CHILD SPPRT SVCS $276,500.00 $0.00 Amend expenditures paid in FY22-23 and recognized in FY23-24 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1780 CCC CHILD SPPRT SVCS-OPS 113400 CCC DEPT CHILD SPPRT SVCS $1,928,779.00 $0.00 Amend expenditures paid in FY22-23 and recognized in FY23-24 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1011:PERMANENT SALARIES 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1780 CCC CHILD SPPRT SVCS-OPS 113400 CCC DEPT CHILD SPPRT SVCS $3,757,294.00 $0.00 Amend expenditures paid in FY22-23 and recognized in FY23-24 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9553:FED AID FAMILY SUPPORT 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1790 CCC CHILD SPPRT SVCS-EDP 113400 CCC DEPT CHILD SPPRT SVCS $0.00 $167,626.00 Recognize revenue earned in FY22-23 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00418 03:53 PM 07/31/2024 Page 2 of 3 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 9553:FED AID FAMILY SUPPORT 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1780 CCC CHILD SPPRT SVCS-OPS 113400 CCC DEPT CHILD SPPRT SVCS $0.00 $6,170,100.00 Recognize revenue earned in FY22-23 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5011:REIMBURSEMENTS-GOV/GOV 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1790 CCC CHILD SPPRT SVCS-EDP 113400 CCC DEPT CHILD SPPRT SVCS $3,099.00 $0.00 Amend expenditures paid in FY22-23 and recognized in FY23-24 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3615:DOIT DATA PROC SVCS 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1790 CCC CHILD SPPRT SVCS-EDP 113400 CCC DEPT CHILD SPPRT SVCS $90,354.00 $0.00 Amend expenditures paid in FY22-23 and recognized in FY23-24 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1790 CCC CHILD SPPRT SVCS-EDP 113400 CCC DEPT CHILD SPPRT SVCS $38,092.00 $0.00 Amend expenditures paid in FY22-23 and recognized in FY23-24 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1011:PERMANENT SALARIES 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1790 CCC CHILD SPPRT SVCS-EDP 113400 CCC DEPT CHILD SPPRT SVCS $36,081.00 $0.00 Amend expenditures paid in FY22-23 and recognized in FY23-24 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5011:REIMBURSEMENTS-GOV/GOV 1780 CCC CHILD SPPRT SVCS- OPS (Home Org) 1780 CCC CHILD SPPRT SVCS-OPS 113400 CCC DEPT CHILD SPPRT SVCS $207,527.00 $0.00 Amend expenditures paid in FY22-23 and recognized in FY23-24 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 07/30/2024 12:37:34 PM 07/31/2024 Jessica Shepard 1 Budget Amendment Event Review Budget Amendment Not Required 07/31/2024 0 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00418 03:53 PM 07/31/2024 Page 3 of 3 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Approval by Department Approver – Budget Amendment Sent Back 07/30/2024 01:55:52 PM Lori Cruz (Department Approver – Budget Amendment) 1 Send Back Reason from Lori Cruz: date change Budget Amendment Event Budget Amendment Event Submitted 07/30/2024 01:57:18 PM 07/31/2024 Jessica Shepard 1 Budget Amendment Event Review Budget Amendment Not Required 07/31/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/30/2024 02:00:12 PM Lori Cruz (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 278 Name: Status:Type:Consent Resolution Passed File created:In control:7/30/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT Resolution No. 2024-278 celebrating the exoneration of the Port Chicago 50 and recognizing those who significantly contributed towards the exoneration advocacy efforts, as recommended by Supervisor Glover. Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass To:Board of Supervisors From:Federal D. Glover, District V Supervisor Report Title:ADOPT Resolution 2024-278 celebrating the exoneration of the Port Chicago 50 and recognizing those who significantly contributed towards the exoneration advocacy efforts, as recommended by Supervisor Federal Glover. ☐Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a resolution celebrating the exoneration of the Port Chicago 50 and recognizing those who significantly contributed towards the exoneration advocacy efforts, as recommended by Supervisor Federal Glover. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: On July 17, 2024, eighty years after explosions at the Port Chicago naval facility in Contra Costa County killed 320 sailors, Coast Guard personnel and civilians, the secretary of the Navy announced the full exoneration of African American sailors who were charged in 1944 with mutiny and refusing orders to return to work in dangerous conditions loading ammunition. Over the years, the Board of Supervisors has recognized and supported the exoneration advocacy efforts on behalf of the Port Chicago 50. CONSEQUENCE OF NEGATIVE ACTION: N/A CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 3 powered by Legistar™ C.2 File #:RES 2024-278,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF recognizing the United States Navy’s exoneration of the Port Chicago Sailors WHEREAS, on July 17, 1944, there was a large waterfront munitions explosion at the Port Chicago Naval Magazine which killed more than 320 sailors, over 200 of whom were African American; and WHEREAS, the explosion also injured 390 others, including 226 African American enlisted men; and WHEREAS, before the explosion, these men were working significant hours with munitions continuously being loaded despite little to no training; and WHEREAS, the specific cause of the explosion was never officially determined by a court of inquiry, and the blame was placed on the shoulders of the men who died in the explosion; and WHEREAS, when ordered to return to loading ammunitions, over two hundred sailors refused to return to work due to the unsafe working conditions; and WHEREAS, these sailors courageously advocated for safety for themselves and others by requesting adequate training and equipment before returning to work, and in response, the Navy identified fifty Black sailors as the leaders of the organized action; and WHEREAS, the Navy charged these fifty individuals with mutiny, and this decision resulted in one of the most significant mutiny trials in U.S. military history; and WHEREAS, the fifty sailors, now known as the Port Chicago 50, were supported by then NAACP Chief Counsel Thurgood Marshall who through the press raised the racist nature of the trial and called into question the Navy’s segregationist policies; and WHEREAS, this trial was a major catalyst for the United States Navy to desegregate following the war; and WHEREAS, the outcome of the trial wrongly convicted the Port Chicago 50 of mutiny, and they were sentenced to prison; and WHEREAS, Mr. Marshall’s appeal of their convictions was officially denied; and WHEREAS, there have been several attempts over the years to appeal the decision, but all have previously failed; and CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-278,Version:1 WHEREAS, starting in the 1990s, Congressman George Miller worked to preserve the history of the Port Chicago 50 and worked towards their exoneration, and in 1992, his legislation designated the site of the Port Chicago Naval Magazine as a national memorial, which is managed by the National Park Service; and WHEREAS, the East Bay Regional Park District received part of the Concord Naval Weapons Station through a Public Benefit Conveyance on July 19, 2019, and has named the park the Thurgood Marshall Regional Park - Home of the Port Chicago 50, which honors the courage and legacy of the Port Chicago 50 and all those who sacrificed their lives in our nation’s ongoing struggle for social justice, racial equality, and workers’ rights; and WHEREAS, in 2022, Congressman Mark DeSaulnier (CA-10) successfully passed a measure that would direct the Secretary of the United States Navy to publicly exonerate the Port Chicago 50, and this effort was included in the National Defense Authorization Act (NDAA) (H.R. 7900) which passed the U.S. House of Representatives by a vote of 329 -to-101; and WHEREAS, the courageous and tenacious advocacy for the exoneration of the Port Chicago 50 never ceased from several key organizations, including the Friends of the Port Chicago National Memorial, a 501c3 that is an official partner with the National Park Service, led by Reverend Diana McDaniel, Senior Minister of Unity Church of San Leandro, and the Port Chicago 50 Alliance, a nonprofit organization dedicated to restoring, preserving, and elevating the history of Port Chicago Naval Magazine and the sailors who resided, served, and championed equal rights there during World War II, led by Executive Director Yulie Padmore, and the Contra Costa County Bar Association's Port Chicago Task Force comprised of attorneys, as well as non-attorney members of the community, formed to raise awareness of this injustice in the legal and broader community and advocate for the setting aside of the mutiny convictions of the Port Chicago 50, chaired by Jonathan Lee; and WHEREAS, on July 17, 2024, on the 80th anniversary of the deadly explosion, the United States’ Navy Secretary Carlos Del Toro announced the full exoneration of the 256 Black sailors who were unjustly court-martialed following the tragic explosion at Port Chicago in 1944. Now, therefore, be it resolved that the Board of Supervisors of Contra Costa County does hereby celebrate the exoneration of the Port Chicago 50 and recognizes their service to our country. Now, be it further resolved that the Board of Supervisors recognizes the continuous and ceaseless advocacy efforts that helped keep this case alive in public memory and culminate in an official exoneration of the wrongfully accused, while contributing another important milestone in our nation’s struggle for social justice, racial equity, and workers’ rights. CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2329 Name: Status:Type:Consent Item Passed File created:In control:6/3/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT corrected seat termination date for Catherine Reed on the District 1 seat for the Family and Children’s Trust Committee for a term ending on September 30, 2024, and REAPPOINT Catherine Reed to the District 1 seat for the Family and Children’s Trust Committee for a term ending on September 30, 2026, as recommended by Supervisor Gioia Attachments:1. Reed, Catherine (redacted) 12-27-23 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:John Gioia, District I Supervisor Report Title:ADOPT corrected seat termination date for Catherine Reed on the District 1 seat for the Family and Children’s Trust Committee for a term ending on September 30, 2024, and REAPPOINT Catherine Reed to the District 1 seat for the Family and Children’s Trust Committee for a term ending on September 30, 2026, as recommended by Supervisor Gioia ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT corrected seat termination date for Catherine Reed on the District 1 seat for the Family and Children’s Trust Committee for a term ending on September 30, 2024, and REAPPOINT Catherine Reed to the District 1 seat for the Family and Children’s Trust Committee for a term ending on September 30, 2026 FISCAL IMPACT: None BACKGROUND: The Family and Children’s Trust Committee (FACT) was established in 1985 by the Contra Costa County Board of Supervisors to make funding recommendations on the allocation of specific funds for the prevention and treatment of child abuse and neglect and supportive services for families and children. Funding for FACT supported projects derived from federal and state program legislation, and donations to the County’s Family and Children’s Trust Fund CONSEQUENCE OF NEGATIVE ACTION: The appointment would not be made and the District would not have representation on the commission CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.3 File #:24-2329,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ Submit Date: Dec 27, 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 1 Length of Employment 40 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? 30 Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? Family & Children's Trust Committee: Submitted Catherine M Reed The Dibble Institute Executive Director Catherine M Reed 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 Lewis and Clark Degree Type / Course of Study / Major Psychology Degree Awarded? Yes No College/ University B Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Catherine M Reed Upload a Resume Other Trainings & Occupational Licenses Other Training A YMCA Executive Management Training Certificate Awarded for Training? Yes No Other Training B Bank of America Operations Training 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 very committed to the well-being of children. I have professional experience with programs that support parents and prevent child abuse. Plus, I'd like to give back to Contra Costa County. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I have spent most of my career successfully managing non-profits. My current work includes exposure to the world of child abuse prevention. I'm very interested in how healthy relationships impact and potentially prevent child abuse and neglect. 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: Catherine M Reed 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: Kensington MAC List any volunteer or community experience, including any advisory boards on which you have served. Member - Rotary Club of Alameda; Member - California Department of Health Adolescent Sexual Health Working Group. 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: 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 Catherine M Reed 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. Catherine M Reed Catherine (Kay) Reed Kensington, CA 94707 President and Executive Director 1993 – Present The Dibble Institute for Marriage Education, Berkeley, CA Manages all aspects of The Dibble Institute – board relations, strategic planning, daily operations, project management, regulatory compliance. Responsible for finances and financial reporting. Managed all aspects of Dibble’s $3 million five year federal marriage grant. Supervises staff of 12. Has overseen the development of 12 curricula. Manages program evaluations. Consults with Rand Corporation, Brookings Institute, Institute for American Values, and Healthy Marriage Resource Center on youth relationship skills education. Develops partnerships and projects with major regional and national organizations (National Campaign to Prevent Teen Pregnancy, Healthy Teen Network, National Human Resources Assembly). Educates thought leaders, educators, and policy makers in research and benefits of youth relationship skills education. Advancement Director; Major Gifts Officer 1988 - 2016 St. Joseph Notre Dame High School, Alameda, CA Managed annual, capital, and endowment giving for Catholic high school. Supervised student team in alumni giving program. Led project team to develop SJND master plan, close city street, and raise $9 million to add science wing and renovate classrooms. Raised $17M in endowment funds. Responsible for SJND alumni, parent, and community outreach including editing alumni newsletter, speaker’s bureau, and recruitment materials. Director, California Newcomer Service 1983 – 1986 Bank of America, SF, CA Founded and ran marketing department welcoming new residents to California. Decided on approach to meet project goals, recruited realtors as referral sources, gathered newcomer resources (school scores, driver’s license, info). Managed resource center and phone follow- up. Supervised staff of three. Executive Director and Youth Program Director 1978 - 1981 YMCA, Pinole, CA Responsible for planning, operations, and facilities for a youth oriented aquatic facility and pre-school. Served 1,000 youth a day in summer. Supervised full time staff of 10 and part time staff of 30. Started Teen Association of Pinole to meet needs of middle school students. Coordinated City of Pinole, YMCA, and United Way assets to develop afterschool and summer programs. EDUCATION/PROFESSIONAL TRAINING Bachelor of Arts- Psychology Lewis and Clark College, Portland, OR Management Training Programs Bank of America and YMCA of America 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2330 Name: Status:Type:Consent Item Passed File created:In control:7/16/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPOINT Randy Loyd to the Appointee 2 Seat on the El Sobrante Municipal Advisory Council seat, for a term ending on December 31, 2026, as recommended by Supervisor Gioia. Attachments:1. Lloyd, Randy (ESMAC)_redacted Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:John Gioia, District I Supervisor Report Title:APPOINT Randy Loyd to the Appointee 2 Seat on the El Sobrante Municipal Advisory Council, for a term ending on December 31, 2026, as recommended by Supervisor Gioia ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPOINT Randy Loyd to the Appointee 2 Seat on the El Sobrante Municipal Advisory Council seat, for a term ending on December 31, 2026. FISCAL IMPACT: none BACKGROUND: The El Sobrante Municipal Advisory Council provides input to the Board of Supervisors, the County Planning Commission, and the Zoning Administrator on land use issues and other concerns affecting the unincorporated community of El Sobrante CONSEQUENCE OF NEGATIVE ACTION: The appointment would not be made and the District would not have representation on the council. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 1 powered by Legistar™ C.4 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: None Selected Length of Employment 30 years 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? 53 years Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? El Sobrante Municipal Advisory Council: Submitted Randy Loyd UA Local 342 Plumbers and Steamfitters Business Agent Randy Loyd Seat Name Alternate 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? Not Sure Education Select the option that applies to your high school education * G.E.D. Certificate College/ University A Name of College Attended Diablo Valley Degree Type / Course of Study / Major Steamfitting Degree Awarded? Yes No College/ University B Name of College Attended Laney Oakland Degree Type / Course of Study / Major Labor law Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Randy Loyd Upload a Resume Degree Awarded? Yes No 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 lived in El Sobrante my whole life and I am also a business owner. I would like to utilize my professional business skills to help out in any way that I can to help support the efforts needed to help make and keep El Sobrante a nice, safe and clean place to be. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) Business skills dealing with all types of people and personalities from all walks of life as well as dealing with people in the political arena including senators, assembly members, our attorney general, all the way to the governor. 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 Randy Loyd 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 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 Randy Loyd 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. Randy Loyd 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2331 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPOINT Elianna Campos to the Community Representative #2 - Central/South County seat and Birdie Winrow to the Community Representative #4 - East County seat with terms ending April 30, 2025, and REAPPOINT Stacie Cooper-Roundtree to the Child Care Provider #4 - East County seat, with a term ending April 30, 2027, on the Local Planning and Advisory Council for Early Care and Education, as recommended by the Family and Human Services Committee. Attachments:1. LPC Roster, 2. Campos Elianna Application_Redacted, 3. Winrow Birdie Application_Redacted, 4. Cooper-Roundtree Stacie Application_Redacted Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Family & Human Services Committee Report Title:Appointments to the LPC ☐Recommendation of the County Administrator ☒ Recommendation of Board Committee RECOMMENDATIONS: APPOINT Elianna Campos to the Community Representative #2 - Central/South County seat and Birdie Winrow to the Community Representative #4 - East County seat with terms ending April 30, 2025, and REAPPOINT Stacie Cooper-Roundtree to the Child Care Provider #4 - East County seat, with a term ending April 30, 2027, on the Local Planning and Advisory Council for Early Care and Education, as recommended by the Family and Human Services Committee. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The review of applications for appointments to the Contra Costa Local Planning Council for Child Care and Development was originally referred to the Family and Human Services Committee by the Board of Supervisors on April 22, 1997. The Local Planning and Advisory Council for Early Care and Education (LPC) coordinates programs and services affecting early childcare and education, including recommendations for the allocation of federal funds to local early childcare and education programs. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.5 File #:24-2331,Version:1 The LPC consists of 20 members: 4 consumer representatives - a parent or person who receives or has received child care services in the past 36 months; 4 child care providers - a person who provides child care services or represents persons who provide child care services; 4 public agency representatives - a person who represents a city, county, city and county, or local education agency; 4 community representatives - a person who represents an agency or business that provides private funding for child care services or who advocates for child care services through participation in civic or community based organizations; and 4 discretionary appointees - a person appointed from any of the above four categories or outside of those categories at the discretion of the appointing agencies. On July 22, 2024, the Family and Human Services Committee recommended the appointment of Elianna Campos to the Community Representative #2 - Central/South County seat and Birdie Winrow to the Community Representative #4 - East County seat with terms ending April 30, 2025, and the reappointment of Stacie Cooper-Roundtree to the Child Care Provider #4 - East County seat, with a term ending April 30, 2027, on the Local Planning and Advisory Council for Early Care and Education CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members is likely to reduce public participation in advising policy development. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ ●Develop, monitor, and assess the coaching methodology throughout the program: grantee, delegate, and partners. EDUCATION/PERMITS Pacific Oaks, San Jose CA Human Development, Emphasis on Human Services and Leadership Masters of Arts, 2018 University of Phoenix, Oakland CA Human Service Bachelors of Sciences, 2013 San Francisco City College, SF Early Childhood Education Certificate, 1999 Commission on Teaching Credentialing Site Supervisor Permit, 2016-21 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2332 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPOINT nine (9) individuals to the Workforce Development Board of Contra Costa, as recommended by the Family and Human Services Committee. Attachments:1. WDB Appointment Recommendation Memo and Applications Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Family & Human Services Committee Report Title:Appointments to the WDB ☐Recommendation of the County Administrator ☒ Recommendation of Board Committee RECOMMENDATIONS: APPOINT nine (9) individuals to the Workforce Development Board of Contra Costa, as recommended by the Family and Human Services Committee. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: On January 7, 2020, the Board of Supervisors (BOS) adopted Resolution No. 2020/1 adopting policy governing appointments to boards, committees, and commissions that are advisory to the BOS. Section III.A. of this resolution states that when an advisory body conducts interviews for at-large/countywide seats, the body's recommendation will be provided to a Board committee for further review, along with all applications received for the applicable seat(s). In all cases, the Board Committee decides which applicants to nominate for full Board action. The Workforce Development Board implements federal requirements for programs to address the education, skills, and employment needs for a skilled workforce, and that lead to an increase in the skills and earnings of Contra Costa residents. On March 14, 2016, the Family and Human Services Committee (FHS) accepted the Employment and Human Services Department's recommendation to decertify the then-current Workforce Investment Act local Board and re-certify a new board structure in compliance with the new Workforce Innovation and Opportunity Act (WIOA). FHS approved these recommendations, and the Board did the same at its March 29, 2016 meeting. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.6 File #:24-2332,Version:1 Under new standards in WIOA (2016) and as adopted by the Board on March 29, 2016, the new Workforce Development Board structure is: a total of 25 required seats and 2 "optional seats", consisting of: 13 Business representatives, 5 Workforce representatives, and 5 Education and Training representatives as follows: (1) Adult Education/Literacy; (2) Higher Education; (3) Economic & Community Development; (4) Wagner Peyser representative; (5) Vocational Rehabilitation. Also two additional/"optional" seats that may be filled from any of the 3 categories above. On July 22, 2024, the Family and Human Services Committee recommended the following individuals for appointment and reappointment to the Workforce Development Board of Contra Costa: SEAT NAME TERM EXPIRATION REAPPOINTMENT Business Seat #1 Michael McGill June 30, 2028 Business Seat #3 Devonn Powers June 30, 2028 Education & Training Seat #2 Kelly Schelin June 30, 2028 Gov. & Economic & Community Dev. Seat #1 Leslay Choy June 30, 2028 Gov. & Economic & Community Dev. Seat #2 Richard Johnson June 30, 2028 NEW APPOINTMENT Business Seat #8 Brandy Leidgen June 30, 2028 Business Seat #10 Natasha Paddock June 30, 2028 Business Seat #11 Brandon Matson June 30, 2028 Flex Seat #1 Gregory Brooks June 30, 2028 CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members is likely to reduce public participation in advising policy development. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ WORKFORCE DEVELOPMENT BOARD OF CONTRA COSTA COUNTY 4071 Port Chicago Highway • Suite 250 • Concord, CA 94520 Tel. (925) 671-4560 • Fax (925) 228-0238 Website: www.wdbcc.com MEMORANDUM DATE: July 11, 2024 TO: Family and Human Services Committee CC: Tamina Alon, Esq. Director of Administration EHSD Danielle Fokkema, CAO Sr. Deputy County Administrator FROM: Tamia Brown, Executive Director SUBJECT: Appointment to Workforce Development Board This memorandum requests the Family and Human Services Committee recommend to the Contra Costa County Board of Supervisors the appointment of the following candidates to the new WIOA compliant Workforce Development Board of Contra Costa County. Background: Local board structure and size: Compared to predecessor legislation, the Workforce Innovation and Opportunity Act (WIOA) substantially changes Local Board composition by reducing local workforce development board size while maintaining a business and industry majority and ensuring representation from labor and employment and training organizations. To meet the categorical membership percentages, the WDB recommended a board of twenty-five (26) members. This option represents the minimum required local board size under WIOA plus an additional six (6) optional representatives in the following enumerated categories: 1) business; 2) workforce; 3) education and training. Category – Representatives of Business (WIOA Section 107(b)(2)(A)) • Thirteen (13) representatives (52%) Category – Representatives of Workforce (WIOA Section 107(b)(2)(A)) • Five (5) representatives (20%) Category – Representatives of Education and Training (WIOA Section 107(b)(2)(C)) • One (1) Adult Education/Literacy Representative (WIOA title II) • One (1) Higher Education Representative • One (1) Economic and Community Development Representative • One (1) Wagner Peyser Representative • One (1) Vocational Rehabilitation Representative Three (3) additional seats from the above categories, including constituencies referenced in Attachment III of Training Employment & Guidance Letter (TEGL) 27-14. Recommendation: a) Recommend approval of local board candidate for the re-appointment for the vacant board seat. (Attached application and board roster) – Scheduled Approval date on August 6, 2024 at the Full Board Meeting TAMIA BROWN EXECUTIVE DIRECTOR •Michael McGill to fill Business Seat #1 •Devonn Powers to fill Business Seat # 3 •Kelly Schelin to fill Education Seat # 2 •Leslay Choy to fill Governmental & Eco. & Community Dev. Seat # 1 •Richard Johnson to fill Governmental & Eco. & Community Dev. Seat # 1 b)Recommend approval of local board candidate for the vacant board seat. (Attached application and board roster) – Scheduled Approval date on August 6, 2024 at the Full Board Meeting •Brandy Leidgen to fill Business Seat #8 •Natasha Paddock to fill Business Seat #10 •Brandon Matson to fill Business Seat # 11 •Gregory A. Brooks to fill Flex Seat # 1 **No other candidates competed for the Business Seats # 1,3,8,10, &11. **No other candidates competed for the Governmental & Economic & Community Dev Seats # 1,2. **No other candidate competed for the Flex Seat # 1. RE-APPOINTMENT Seat Last Name First Name Address & District # Term Start Date Term of Expiration District (Resident) Business Seat # 1 McGill Michael Pleasant Hill, CA District # 4 7/1/2024 6/30/2024 District #2 Business Seat # 3 Powers Devonn Concord, CA District #4 7/1/2024 6/30/2028 District #2 Education & Training Seat # 2 Schelin Kelly San Pablo District 1 7/1/2024 6/30/2028 District #5 Governmental & Economic & Community Dev. Seat #1 Choy Leslay El Cerrito, CA District # 1 7/1/2024 6/30/2028 ____ Governmental & Economic & Community Dev. Seat #2 Johnson Richard Concord, CA District #4 7/1/2024 6/30/2028 District #4 NEW APPOINTMENT Seat Last Name First Name Address & District # Term Start Date Term of Expiration District (Resident) Business Seat # 8 Leidgen Brandy Pleasanton, CA 7/1/2024 6/30/2028 District #4 Business Seat # 10 Paddock Natasha District # 4 7/1/02024 6/30/2028 District # 5 Business Seat # 11 Matson Brandon Martinez, CA District #5 7/1/2024 6/30/2028 District # 4 Flex Seat # 1 Brooks Gregory A. Richmond, CA District # 1 7/1/2024 6/30/2028 District #5 Thank you /rms attachment 2012 – 2016 Senior Director of Contract Services – Goodwill Industries Oversight of Workforce Development Department - Contracts - (Alameda, Contra Costa and Solano counties) Provide overall supervision, training of management team, confer with the CEO and board members to discuss organizational issues, operating budget of 11M comprised of 52 employees, 5 direct reports. Fiscally responsible, analyze and maintain budgetary information, financial planning, revenue forecasts P&L oversight of 32M budget, expand agency revenue; ensure maximization of funds, develop new contracts and funding opportunities, grant writing, staff supervision, contract negotiation, RFP proposal preparation and final selection process, project planning and start-up, direct and ensure compliance of contract services and guidelines, establish and maintain alliances with County, State, local government and community-based partnerships, public speaking, program development, redesign and corrective operational processes, ensured contract outcomes, performance levels and deadlines, public presentations and departmental training, leadership development and motivational speaking, develop outcome based and narrative reports, development and submission of funding reports, payment requirements, financial audit of all payroll, billing, program records and process for all cost centers within workforce development. ➢ Awards: 2015 CAL PIA Community Partnership award, 2015 Community Service 3-year contract, 2014 Job Services 3-year contract, 2014 F.A.M.E. Welfare-to-Work 3-year contract, 2013 AB109 Bridges-to-Work 3-year contract, 2015 & 2012 STEP-UP 3-year contract and received the CEO award, 2013, 2014 and in 2015 agency stopped giving out this award. 2011 – 2013 Executive Director – Second Step Sober Living, Lodi CA Participated on the Second Step Living (Sober living home for men) committee, conferred with committee and board members to discuss project issues, ccoordinated activities, resolved problems, collaboratively planned, ensured compliance organizational goals, objectives, mission and strategic planning and execution, established policies, procedures and guidelines, project planning and start-up operational oversight, fiscally responsible, analyze and maintain budgetary information, financial planning, revenue forecasts P&L oversight, expand revenue collaboratively established strategies to maximize returns on investments, increase productivity and explore/pursue new funding opportunities, letter of recommendation available. 2010 – 2012 Intervention Services Departmental Manager – STAND, Concord, CA Provide overall supervision, training and management of the Intervention Services Department comprised of contracts with the Richmond Police Department, Antioch Police Department, Concord Police Department, Pittsburg Health Clinic, EHSD Contra Costa County, Chevron, Junior League, Cal- Ema, (Collaborative LGBTQ Rainbow Community Center, Victims of Crime, Community Violence Solutions), and HUD, direct and oversee operations of “transitional housing”. Fiscally responsible, analyzed and maintained budgetary information, financial planning, revenue forecasts P&L oversight, expand agency revenue; develop new contracts and funding opportunities, grant writing, contract negotiation, RFP proposal preparation and final selection process, project planning and start-up, direct and ensure compliance of contract services and guidelines, establish and maintain alliances with County, State, local government and community-based partnerships, program development, redesign and corrective operational processes, ensured contract outcomes, performance levels and deadlines, public presentations and departmental training, staff oversight, training and development, supervision and staff evaluation, leadership and career development and motivational speaking, develop outcome based and narrative reports, development and submission of funding reports, payment requirements, financial audit of all payroll. Chaired Cultural Competency Committee, member of and presented on several partnering committees: Coalition for Human Trafficking, Home base committee, Homeless/HUD, Contra Costa Employment committee, Rainbow committee. ➢ Awards: 2010 LGBTQ STAND-In-Pride 5-year contract, 2010 Domestic Violence EHSD 3-year contract, Pittsburg Health Clinic 1-year pilot project, MOVE Transitional housing ➢ Achievement/s: Designed and started a volunteer trauma-based vocational drop-in center for domestic violence survivor, this center also included on-site children’s activity center 2007 – 2010 Program Coordinator/Contract Manager – Goodwill, Antioch CA Provided overall supervision, training and management to the Welfare-to-Work (WEX) contract, contract negotiation, RFP proposal preparation and final selection process, lead on taskforce with the Executive Team, planned, directed and ensured compliance of contract services and guidelines implemented alliances and acted as a liaison between County and community-based partnerships, ensured contract outcomes, performance levels and deadlines for multiple contracts , hired and provided training and supervision of program staff, fiscally responsible, analyzed, and maintained budgetary information, developed, revenue reports, reviewed and maintained annual financial plans, monitored, profit and loss statements, submitted purchase order requests, developed outcome based and narrative reports development and submission of funding reports, payment requirements, program site reviews, reference letters from community partners are available. ➢ Awards: 2010 Work Experience 3-year contract, received the CEO Award in 2009 and 2010. 2004 – 2007 G.I.F.T. Program Director, Livermore Housing Authority, Livermore CA Provide overall supervision, training and management of three (3) contracts – G.I.F.T Program, Family Self-Sufficiency, and Section 8 Home Ownership HUD Planned, directed and ensured compliance of contract services and guidelines, supervised staff and the maintenance crew, program design and start-up, ensured contract outcomes, performance levels and deadlines for multiple contracts, planned, coordinated and implemented activities, created alliances and acted as a liaison between County, City, State and community-based partnership, operational oversight, provided direct services to domestic violence survivors, low-income, unemployed, mental health consumers, reentry, fiscally Responsible, developed outcome based reports to HUD for all contracts, completed all property management duties, walk-thru, inspections HUD Code, rent collection and evictions, received two (2) promotions during my employment. 2002 – 2003 5150 Designee/Case Manager – Volunteers of America, Sacramento CA Served, screened and treated Mental Health consumers, ensured contract outcomes, performance levels and deadlines, planned, coordinated and implemented activities for participants, crisis intervention and deflection, case planning, provided 5150 assessments under the supervision of a clinician for clients in crisis, medication management, medication administration, case management 1995 – 1998 Counselor/Case Manager I/II & Shift Leader– Turning Point, Sacramento CA Served, screened and treated Developmentally Disabled Mental Health consumers, One-on-One counseling sessions, group therapy and ILS workshops, planned, acted as an advocate and liaison between clients and community-base organizations, crisis intervention and deflection, EDUCATION/CERTIFICATION: 2015 OMB Supercircular Cost Principles Solano County, CA 2014 Non-Profit – OMB 122 Cost Principles Solano County, CA 2004 Nan McKay University – Certified Family Specialist Las Vegas, NA 2001 Diablo Valley College – Psychology/Philosophy Pleasant Hill, CA Schelin 2 • Monitored pending legislation and regulatory changes, assessed impact on District operations, and devised appropriate revisions to policies and practices in consultation with key stakeholders and districtwide groups • Facilitated strategic communication and ensured districtwide effectiveness through monthly meetings with Vice Presidents, Financial Aid Directors, Admissions and Records Directors, Marketing and Outreach Directors, and Districtwide Strategic Scheduling Workgroup Contra Costa College, San Pablo, California Dean, Workforce and Economic Development March 2017-June 2019 • Supervised staff and operations, including hiring and evaluating employees, managing multiple funding streams, and ensuring compliance with District and grant-specific policies • Provided leadership across multiple institutional initiatives including Guided Pathways, Strong Workforce, and Accreditation – Standard I: Mission, Academic Quality and Institutional Effectiveness, Integrity • Managed IEPI Innovation and Effectiveness PRT, facilitating and supporting institution-wide progress in Guided Pathways, Strategic Enrollment Management, and Campus Climate/Morale • Developed and maintained valuable partnerships with employers, community agencies, and municipalities to maximize educational and employment opportunities for students • Managed eight to fourteen workforce development and institutional enhancement funding streams per year, averaging $3 million annually • Supervised six academic programs in the Natural, Social, and Applied Sciences Division, including enrollment management, faculty evaluations, and direct support to faculty Director, Workforce and Economic Development December 2014-March 2017 • Collaborated with faculty and instructional deans to upgrade and refine career education programs in response to labor market information, industry input, and enrollment management trends • Creatively braided funding sources to expand staffing structure to achieve grant objectives • Developed and led institutional planning process for the Strong Workforce Program, including the creation of the preliminary staffing structure and budget • Spearheaded development of a CCAP agreement with WCCUSD while convening Local Pathway Action Teams (LPATs) and designing the dual enrollment pilot • Compiled and shared labor market data with faculty and deans to support continuous improvement and ensure program relevance Piedmont Community College, Roxboro, North Carolina Director, Grants February 2013-November 2014 • Served on Executive Council, contributing to strategic planning and the determination of annual institutional priorities • Managed grants office, prioritizing and leading multiple projects simultaneously • Secured over $4.5 million dollars in grants from foundations and corporate partners in less than two years at an institution with only a $27 million-dollar operating budget • Supervised proposal development teams, created work assignments, and evaluated progress • Ensured compliance with all federal, state, and local grant requirements and reporting guidelines • Coordinated resource development efforts with the Person County Government, Roxboro City Council, the Person County Economic Development Commission, Kerr-Tar Workforce Investment Board, industry, and the public school system Associate Director, Workforce Development August 2009-February 2013 • Developed and supported collaborative partnerships with local industry, community organizations, Schelin 3 and workforce development boards • Collaborated with industry partners and faculty to design, implement, and fund the Workforce Certification Academy, which offered non-credit to credit pathways leading to industry-recognized credentials in high-demand sectors • Provided oversight for enrollment management, including creating class schedules and analyzing enrollment and retention data for the purpose of continuous improvement • Developed and implemented customized training programs for industry partners that were offered on a contract basis WorkKeys Administrator, Instructor/WIA Counselor September 15, 2008-August 2009 • Developed curricula, course outlines, and class schedules for non-credit courses • Counseled Workforce Investment Act participants for Low-Income and Dislocated Worker programs • Managed American Recovery and Reinvestment Act grant funds • Administered WorkKeys Assessments and managed Career Readiness Certificate program • Taught workforce preparation classes for long-term unemployed individuals, including pre-release courses at Caswell County Correctional Center. EDUCATION Master of Divinity from Duke University, Durham, North Carolina Bachelor of Arts in Philosophy from Westmont College, Santa Barbara, California MEMBERSHIPS/AFFILIATIONS Current Memberships • Contra Costa Adult Education Consortium Steering Committee (Co-Chair) • Contra Costa County Business and Economic Development Committee (Higher Ed Representative) • Bay Area K-16 Collaborative – East Bay Steering Committee (Community College Representative) • Governing Board of the Green Empowerment Zone • Workforce Development Board of Contra Costa County (Board Member) Past Memberships • Richmond Workforce Development Board (Board Member) • SparkPoint Contra Costa Steering Committee (Higher Education Representative) • East Bay Health Workforce Partnership Leadership Team (Education Partner) • Kerr-Tarr Workforce Investment Board (Board Member) • Central Region of the NC Community College System Workforce Development Advisory Board (Chairperson-Elect) • Board of Directors, Re-Entry Pathways 4 Success (Co-Chair) 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. Brandy Leidgen BRANDY LEIDGEN DEDICATED, COMMITTED COMMUNITY LEADER ARTICULATING STRONG MESSAGES ACROSS LOCAL COMMUNITIES BEYOND MEASURE Transformational Leader with a collaborative nature and strategic approach to project planning and problem-solving. Passionate about boosting community morale through a high-profile orientation. Gifted at building productive relationships with clients, shareholders, COIs, community leaders, and executive personnel. Proven history in developing neighborhood partnerships and implementing scalable initiatives that increased economic market share in communities. WORK EXPERIENCE BANK OF AMERICA, PLEASANTON, CA 2022-CURRENT SENIOR VP, RELATIONSHIP MANAGER ● Client Relationship Manager proficient in nurturing and maintaining relationships with high-value clients, understanding their unique needs, and providing tailored financial solutions to support their business objectives. ● Providing financial analysis and risk management for clients $25MM-$200MM in revenue ● Strategic planning and execution with a proven ability to develop and implement strategic plans to expand market share and increase wallet share among target clients, utilizing market insights and competitive intelligence to identify growth opportunities. ● Deal structuring and negotiation for complex credit transactions tailored to meet the unique financing requirements of mid-size businesses, adept at negotiating terms and pricing to maximize profitability while mitigating risk. ● Performance tracking and reporting preparing regular reports to management on portfolio performance, revenue generation, client retention, and market trends, providing insights for informed decision-making. U.S. BANK, WALNUT CREEK, CA 2020-2022 VP, BUSINESS BANKING DEVELOPMENT CONSULTANT ● Topflight Business Bank Consultant delivering and selling a full range of banking services to businesses totaling $2M TO $50M in revenue. ● Top performer in business loans and acquisition for 2021, totaling over $150,000 in revenue to the bank. ● Top performer in PPP loans to the bank, over $22 million for 2020 and 2021. ● Senior Banking Leader, proving critical in achieving key performance indicators by independently developing and implementing strategic business plans with Senior Leadership to align with U.S Bank’s corporate direction. ● President of the DEI Volunteer Committee with U.S. Bank. Organizing monthly volunteer events for the Bay Area Team ● Northern California bank employees. Receiving the Gold Award for efforts. ● Responsible for organizing a community event during COVID-19 that provided 300 pizzas for volunteers in the East Bay. KRON 4 News and Channel 5 News broadcast the event. WELLS FARGO, CONCORD, CA 2009 - 2019 VP, BUSINESS DEVELOPMENT OFFICER, 2015 - 2019 ● Top performer for 2019 new acquisition for closing a $72 million commercial card spend and $6 million in deposit. ● Assisted Relationship Managers and Senior Leadership completion of remediation. ● Identified winning business development strategies by understanding the client’s needs, challenging the status quo, and creating partnership opportunities for Wells Fargo to power performance, and production goals. ● Played a key role in proactively assisting business partners to win business, harnessing extensive cold calling for new acquisitions for businesses $5M to $100M. ● Devised training strategies for internal team members utilizing expert tools & techniques, solidifying greater sales amongst the retail division. ● Cultivated effective and collaborative relationships with the key decision-makers, partners, COIs, and community leaders RETAIL BUSINESS DEVELOPMENT OFFICER, 2010 -2016 ● Grew market share of six Wells Fargo locations by holding offsite group presentations for new business owners. ● True maximizer, achieved captivating annual deposit, loan and referral sales results by developing new client relationships through networking with existing customers, leveraging COIs, and making prospecting calls. ● Partnered closely with the Branch Manager to empower consistent and quality relationship building and quality commercial and consumer referrals which steered remarkable sales opportunities to drive future business advancement. ● Held morning training huddles with the Branch Manager and the team on business strategy; delivered weekly group presentations to help educate and develop team members on acquiring new business relationships. PERSONAL BANKER, 2009 - 2010 ● Solidified several new clients and strengthened existing business relationships by devising and executing business development and marketing plan strategies to attract and acquire new clients. ● Increased revenue through loans, deposits, investments, and other banking products. Analyzed balances and sales trends to predict future performance and certify progress. Other Experience ● Business owner, BDO Limited ● Started a Non-Profit, Community Network Capital COMMUNITY ENGAGEMENT AND IMPACT ● Engaged in local emergency disaster relief all over Northern California, which included Hope Foundation, Butte County Fire Survivors, Paradise Cal Fire, and Santa Rosa Tubbs Fire. ● Rosie the Riveter Trust Foundation, raising $270k in one night ● Heart for Hero award from the Kiwanis International Club for the Butte County Fire victims. ● US Bank- Organized 5 events to give back to essential workers. ● US. Bank- Organized an East Bay support local event, including six non-profits. Recognized company-wide and was showcased by local news. ● Worked with the City of Concord in food distribution during the COVID-19 pandemic. ● Project Coordinator- Don Salvio Pacheco statue in downtown Concord. ● Project Coordinator- Concord Historical fundraiser to complete refurbishing the historical building. Raising $360K for the statue completion and $250K donation to the Concord Historical Society ● Volunteered over 40 hours for Junior Achievement Hours. ● Alumni at Contra Costa Leadership Association ● Measure V Oversight Committee for the City of Concord 2015-Present ● Bi-Bett Board Member 2019-Present EDUCATION Diablo Valley College, Pleasant Hill, CA Contra Costa Leadership Academy- 2018-2019 Crucial Conversations University of Phoenix- Business Administration Tony Robbins- Unleash the Power Within- June 2021, 2022 and 2023 AFFILIATIONS Ambassador for Junior Achievement; Board Member- Bi-Bett; Measure Q Oversight Committee City of Concord; Founder and Board President - Community Network Capital; Rosie Riveters Trust Fundraising Officer Rosie Riveters; President Employee Engagement, U.S. Bank President Volunteerism – Diversity & Inclusion; U.S.Bank Board Member for Development Network U.S.; Measure V Oversight Committee City of Concord; Advocate for homeless in Concord through GROW organization REFERENCES Justin Ezell- Assistant City Manager- Ron Leone- Former Mayor of Concord- Jan Miller- Retired Market Leader for SF BAY Area Wells Fargo- 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. Natasha Paddock 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. Gregory A Brooks BOARD MEMBERS Public Roster MICHAEL MCGILL JERRY L. ARANAS DEVONN POWERS MMS Design Associates, Inc.Lam Research Humanity Way, Inc. President/Principal Engineer Business Manager Founder/Chief Executive Director Committee: Executive & Youth Committee Committee: Youth Committee Committee: Business Seat #1 Business Seat #2 Business Seat #3 Appointment Date: 7/1/2024 Appointment Date: 7/26/2022 Appointment Date: 7/1/2024 Term End Date: 6/30/2028 Term End Date: 6/30/2026 Term End Date: 6/30/2028 TERRY CURLEY (VICE CHAIR)DOUGLAS R. LEZAMETA SARAH A. CHODAKEWITZ Executive Vice President Founder Director, Government and Community Affairs United Business Bank Fusion Latina Network John Muir Health Committee: Executive & Business & Economic Dev. Committee: Business & Economic Development Committee Committee: Business & Economic Development Committee Business Seat #4 Business Seat #5 Business Seat #6 Appointment Date: 7/26/2022 Appointment Date: 08/01/2021 Appointment Date: 6/7/2022 Term End Date: 6/30/2026 Term End Date: 06/30/2025 Term End Date: 6/30/2026 NICHOL CARRANZA BRANDY LEIDGEN VACANT Sr. Rep. Corporate Social Responsibility & Public Affairs VP Senior Relationship Manager Marathon Petroleum Corporation Bank of America Committee: Business & Economic Development Committee Committee: Committee: Business Seat #7 Business Seat #8 Business Seat #9 Appointment Date: 6/7/2022 Appointment Date: 7/1/2024 Appointment Date: 7/1/2023 Term End Date: 06/30/2026 Term End Date: 6/30/2028 Term End Date: 6/30/2027 NATASHA PADDOCK BRANDON MATSON VACANT Executive Director Director of Strategic Communication C.O.P.E. Family Support Center Inc.Martinez Refining Company Committee: Committee:Committee: Business Seat # 10 Business Seat # 11 Business Seat #12 Appointment Date: 7/1/2024 Appointment Date: 7/1/2024 Appointment Date: 7/1/2024 Term End Date: 06/30/2028 Term End Date: 06/30/2028 Term End Date: 06/30/2028 VACANT Committee: Business Seat # 13 Appointment Date: 7/1/2024 Term End Date: 06/30/2028 BUSINESS SEATS Tamia Brown Executive Director BOARD MEMBERS Public Roster THOMAS HANSEN JOSHUA ANIJAR (RE-APPOINTMENT)TIMOTHY JEFFERIES IBEW Local 302 Central Labor Council Contra Costa County Boilermakers Local 549 Business Manager Executive Director Business Manager/ST Committee: Executive & Youth Committee Committee: Executive Committee: Workforce & Labor Seat #1 Workforce and Labor Seat # 2 Workforce and Labor Seat #3 Appointment Date: 07/01/2021 Appointment Date: 7/1/2023 Appointment Date: 07/1/2021 Term End Date: 6/30/2025 Term End Date: 6/30/2027 Term End Date: 6/30/2025 STEVE OLDER TRACI YOUNG (RESIGNED 05.2024) Machinists Union Local 1173 Central Labor Council Contra Costa County Area Director/Business Representative Community Services Director, Labor Liaison to UWBA Committee: Committee: Business & Economic Development Committee Workforce and Labor Seat #4 Workforce and Labor Seat #5 Appointment Date: 08/01/2021 Appointment Date: 08/01/2021 Term End Date: 6/30/2025 Term End Date: 6/30/2025 STEVEN A. FRANCE KELLY SCHELIN Del Valle Education Center Contra Costa College District Director Interim Vice Chancellor, Education and Technology Committee: Committee: Business & Economic Development Committee Education & Training Seat #1 Seat No: Business #2 Appointment Date: 12/1/2022 Appointment Date: 7/1/2024 Term End Date: 06/30/2026 Term End Date: 6/30/2028 LESLAY CHOY RICHARD JOHNSON VACANT San Pablo Economic Development California Employment Development Department Executive Director Employment Service/Program Manager II Committee: Business & Economic Development Committee Committee: Business & Economic Development Committee Governmental & Eco. & Community Dev. Seat #1 Governmental & Eco. & Community Dev. Seat #2 Governmental & Eco. & Community Dev. Seat #3 Appointment Date: 7/1/2024 Appointment Date: 7/1/2024 Appointment Date: 7/1/20XX Term End Date: 6/30/2028 Term End Date: 6/30/2028 Term End Date: 6/30/20XX GOVERNMENTAL AND ECONOMIC AND COMMUNITY DEVELOPMENT SEATS WORKFORCE AND LABOR SEATS EDUCATION AND TRAINING SEATS Tamia BrownExecutive Director BOARD MEMBERS Public Roster GREGORY A. BROOKS VACANT ALISON MACKEE West Contra Costa Unified School District Contra Costa County Library Principal, Adult Education County Librarian Committee: Committee: Committee: Flex Seat #1 Flex Seat #2 Flex Seat #3 Appointment Date: 7/1/2024 Appointment Date: 7/1/20XX Appointment Date: 7/1//2023 Term End Date: 6/30/2028 Term End Date: 6/30/20XX Term End Date: 6/30/2027 FLEX SEATS Tamia Brown Executive Director 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2333 Name: Status:Type:Consent Item Passed File created:In control:7/11/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ACCEPT the resignation of Julie Bautista due to her retirement on July 31, 2024, DECLARE vacant the County Schools and Community College Districts Representative seat on the Treasury Oversight Committee (TOC) and DIRECT the Clerk of the Board of post the vacancy, as recommended by the Treasurer Tax Collector. Attachments:1. Vacancy Notice.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Dan Mierzwa, Treasurer-Tax Collector Report Title:DECLARE vacant the County Schools and Community College Districts Representative seat on the Treasury Oversight Committee (TOC) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT the resignation of Julie Bautista due to her retirement on July 31, 2024, DECLARE vacant the County Schools and Community College Districts Representative seat on the Treasury Oversight Committee (TOC) and DIRECT the Clerk of the Board of post the vacancy, as recommended by the Treasurer Tax Collector. FISCAL IMPACT: None. BACKGROUND: The purpose of the Treasury Oversight Committee is to carry out the following: 1) Review and monitor the County Treasurer’s annual investment policy; and 2) Ensure an annual audit is conducted to determine the County Treasurer’s compliance with the investment policy. The Contra Costa County Treasury Oversight Committee is composed of seven statutory members, one of whom is the County Superintendent of Schools or his/her designee, and three alternates. The Committee members are in three different categories as follows: Category 1: Appointed officials (two statutory members and one alternate). Category 1 appointed members are the County Superintendent of Schools or his or her designee and a representative and an alternate of the Board or their designee. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.7 File #:24-2333,Version:1 Category 2: Elected members (two statutory members and two alternates). Category 2 includes one representative and one alternate elected by a majority of the school and community college districts; and one representative and one alternate elected by a majority of the special districts. Category 3: Public members (three statutory members). Category 3 includes representatives from the public nominated by the County Treasurer and confirmed by the Board All Committee members including alternates will serve at the pleasure of the Board, and may be removed at any time, with or without cause, at the sole discretion of the Board. With the retirement of Julie Bautista on July 31, 2024, the County Schools and Community College Districts Representative seat became vacant. CONSEQUENCE OF NEGATIVE ACTION: The County Schools and Community College Districts Representative seat on the Treasury Oversight Committee (TOC) would remain vacant. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2334 Name: Status:Type:Consent Item Passed File created:In control:7/16/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:DECLARE a vacancy in the District I, Alternate 1 seat on the El Sobrante Municipal Advisory Council for a term ending on December 31, 2026 and DIRECT the Clerk of the Board to post the vacancy. Attachments:1. Vacancy Notice.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:John Gioia, District I Supervisor Report Title:DECLARE a vacancy in the District I, Alternate 1 seat on the El Sobrante Municipal Advisory Council for a term ending on December 31, 2026 and DIRECT the Clerk of the Board to post the vacancy ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: DECLARE a vacancy in the District I, Alternate 1 seat on the El Sobrante Municipal Advisory Council for a term ending on December 31, 2026 and DIRECT the Clerk of the Board to post the vacancy FISCAL IMPACT: none BACKGROUND: The El Sobrante Municipal Advisory Council provides input to the Board of Supervisors, the County Planning Commission, and the Zoning Administrator on land use issues and other concerns affecting the unincorporated community of El Sobrante CONSEQUENCE OF NEGATIVE ACTION: The appointment would not be made and the District would not have representation on the council CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.8 File #:24-2334,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2335 Name: Status:Type:Consent Item Passed File created:In control:7/18/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:REAPPOINT Richard Frankel to the District IV Seat on the Assessment Appeals Board for a term ending September 5, 2027, as recommended by Supervisor Carlson. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Ken Carlson, District IV Supervisor Report Title:REAPPOINT Richard Frankel to the Assessment Appeals Board District IV Seat ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: REAPPOINT the following individual to the District IV seat on the Assessment Appeals Board to a term ending on September 5, 2027, as recommended by Supervisor Carlson. Richard Frankel Walnut Creek, CA 94598 FISCAL IMPACT: None BACKGROUND: Established May 29, 1973 by Ordinance 73-45, the Appeals Board is the Board of Equalization for the County, with the powers to equalize the valuation of the taxable property in the County for the purpose of taxation and review, equalization and adjust penal and escaped assessments on the roll. CONSEQUENCE OF NEGATIVE ACTION: The seat will become vacant. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.9 File #:24-2335,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2336 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Lions Center for the Visually Impaired in the amount of $150 to rent the Center's Pittsburg facility to host a polling site for the November 5, 2024 general election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Site in the City of Pittsburg for November 5, 2024 General Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Lions Center for the Visually Impaired to rent LCVI for Polling Site in the City of Pittsburg for November 5, 2024 General Election. FISCAL IMPACT: $150 from the general fund. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 147 polling places throughout the County for the November 5, 2024 General Election. Sites that will be utilized include the Lions Center for the Visually Impaired in the City of Pittsburg. The Facility Rental Application and Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Lions Center for the Visually Impaired for use of this site as a voting location. For election day voting, as well as set up and take down of voting equipment, the agreement provides the County with use of the Lions Center for the Visually Impaired on November 5, 2024. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.10 File #:24-2336,Version:1 The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2337 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent the Nick Rodriguez Community Center to host a polling site for the November 5, 2024 General Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Site in the City of Antioch for November 5, 2024 General Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent the Nick Rodriguez Community Center for a Polling Site for the November 5, 2024 General Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 147 polling places throughout the County for the November 5, 2024 General Election. Sites that will be utilized include the Nick Rodriguez Community Center in the City of Antioch. The Facility Rental Application and Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of Antioch for use of this site as a voting location. For election day voting, as well as set up and take down of voting equipment, the agreement provides the County with use of the Nick Rodriguez Community Center on November 5, 2024. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.11 File #:24-2337,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2338 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent the Antioch Water Park to host poll worker training and a polling site for the November 5, 2024 General Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Site in the City of Antioch for November 5, 2024 General Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent the Antioch Water Park for a Pollworker Training Venue and a Polling Site for the November 5, 2024 General Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide in-person pollworker training and 147 polling places throughout the County for the November 5, 2024 General Election. Sites that will be utilized include the Antioch Water Park in the City of Antioch. The Facility Rental Application and Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of Antioch for use of this site as a voting location. For Pollworker training and election day voting, as well as set up and take down of voting equipment, the agreement provides the County with use of the Antioch Water Park on October 10, October 18, October 21, and November 5, 2024. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2338,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2339 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee to execute a contract with the City of El Cerrito to rent the El Cerrito Community Center to host a polling site for the November 5, 2024 General Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Site in the City of El Cerrito for November 5, 2024 General Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of El Cerrito to rent the El Cerrito Community Center for a Polling Site for the November 5, 2024 General Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 147 polling places throughout the County for the November 5, 2024 General Election. Sites that will be utilized include the El Cerrito Community Center in the City of El Cerrito. The Facility Rental Application and Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of El Cerrito for use of this site as a voting location. For election day voting, as well as set up and take down of voting equipment, the agreement provides the County with use of the El Cerrito Community Center on November 5, 2024. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2339,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2340 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of El Cerrito to rent the Hana Gardens Senior Center to host poll worker training for the November 5, 2024 General Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Pollworker Training Venue in the City of El Cerrito for November 5, 2024 General Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of El Cerrito to rent the Hana Gardens Senior Center for a Pollworker Training Venue for the November 5, 2024 General Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide in-person pollworker training throughout the County for the November 5, 2024 General Election. Sites that will be utilized include the Hana Gardens Senior Center in the City of El Cerrito. The Facility Rental Application and Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of El Cerrito for use of this site as a voting location. For Pollworker training, the agreement provides the County with use of the Hana Gardens Senior Center on October 14, and October 22, 2024. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2340,Version:1 The Elections Office will not be able to use this site as a training location. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2341 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Trustees of the California State University and Colleges in the amount of $400 to rent the California State University - East Bay Concord campus to host poll worker training for the November 5, 2024 General Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Pollworker Training Venue at California State University - East Bay Concord for November 5, 2024 General Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Trustees of the California State University and Colleges to rent the California State University - East Bay Concord campus for a Pollworker Training Venue for the November 5, 2024 General Election. FISCAL IMPACT: $400 from the general fund. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide in-person pollworker training throughout the County for the November 5, 2024 General Election. Sites that will be utilized include the California State University - East Bay Concord campus. The Facility Rental Application and Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Trustees of the California State University and Colleges for use of this site as a Pollworker training venue. The agreement provides the County with use of the California State University - East Bay Concord campus on October 19, 2024. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2341,Version:1 The Elections Office will not be able to use this site as a training location. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2342 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Brentwood to rent the Brentwood Community Center to host poll worker training, a regional early voting site, and a polling site for the November 5, 2024 General Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Pollworker Training Venue, Regional Early Voting site, and Polling Place in the City of Brentwood for November 5, 2024 General Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Brentwood to rent the Brentwood Community Center for a Pollworker Training Venue, a Regional Early Voting Site, and a Polling Site for the November 5, 2024 General Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide in-person pollworker training, early voting sites, and 147 polling places throughout the County for the November 5, 2024 General Election. Sites that will be utilized include the Brentwood Community Center in the City of Brentwood. The Facility Rental Application and Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of Brentwood for use of this site as a voting location. For pollworker training, regional early voting, election day voting, as well as set up and take down of voting equipment, the agreement provides the County with use of the Brentwood Community Center on October 14, October 25, October 31, November 1, November 2, November 4, and November 5, 2024. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2342,Version:1 CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a training or voting location. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2343 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the San Ramon Valley United Methodist Church in the amount of $1,000 to rent the Wesley Center Great Hall to host a regional early voting site and a polling site for the November 5, 2024 General Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Regional Early Voting Site and Polling Site at the San Ramon Valley United Methodist Church for November 5, 2024 General Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the San Ramon Valley United Methodist Church to rent the Wesley Center Great Hall for a Regional Early Voting Site and a Polling Site for the November 5, 2024 General Election. FISCAL IMPACT: $1,000 from the general fund. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 5 Regional Early Voting sites and 147 polling places throughout the County for the November 5, 2024 General Election. Sites that will be utilized include the San Ramon Valley United Methodist Church. The Facility Rental Application and Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the San Ramon Valley United Methodist Church for use of this site as a voting location. For early and election day voting, as well as set up and take down of voting equipment, the agreement provides the County with use of the Wesley Center Great Hall on October 31, November 1, November 2, November 4, and November 5, 2024. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2343,Version:1 CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2344 Name: Status:Type:Consent Item Passed File created:In control:7/17/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ACCEPT the canvass of votes for the Police Service Election in Area P-6, Zone 216, Subdivision 9588, as recommended by the Clerk-Recorder. (100% County Service Area P-6) Attachments:1. PSE_ElectionCertificate-Canvass Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Accept Canvass of Votes for the Police Service Election in Area P-6, Zone 216, Subdivision 9588 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Accept the Canvass of Votes for the July 16, 2024 Special Election for Police Services Measure in the following County Service Area: Area P-6, Zone 216, Subdivision 9588 - Unincorporated area of Bay Point - DID PASS FISCAL IMPACT: All tax proceeds will accrue to the new County Service Areas. BACKGROUND: For the election results, see the attached Certificate of the County Clerk, providing results of the July 16, 2024 Special Election for the County Service Area, where each landowner of the affected area was allowed one vote for each acre or portion thereof: Area P-6, Zone 216, Subdivision 9588, Resolution No. 2024-135 Resolution so as to authorize a special tax on said property, located in unincorporated area of Bay Point , to maintain present level of police protection services and provide additional funding for increased police protection services. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.18 File #:24-2344,Version:1 If the Board of Supervisors does not accept the Canvass of Votes, Zone 9588 will not be formed. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 284 Name: Status:Type:Consent Resolution Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT Resolution No. 2024-284 conditionally providing for the issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $30,000,000 to finance the acquisition, construction, and rehabilitation of Riverhouse Hotel, a multifamily residential rental housing development located at 700 Alhambra Avenue, Martinez, and approving related actions, as recommended by the Conservation and Development Director. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To: Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Reimbursement Resolution for Multifamily Housing Revenue Bonds - Riverhouse Hotel in Martinez ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.ADOPT a resolution conditionally providing for the authorization of revenue bonds (“Bonds”) in an aggregate amount not to exceed $30,000,000 to finance the acquisition, construction and rehabilitation of 84 units of multifamily residential rental housing currently identified as Riverhouse Hotel located at 700 Alhambra Avenue, Martinez, California (the “Development”), and approving related actions. 2.FIND and DECLARE that the recitals contained in the proposed resolution are true and correct. 3.DETERMINE that the issuance of Bonds to finance the Development, including reimbursement of expenses incurred by the Borrower, is necessary and providing conditional approval thereof and setting forth conditions for the issuance of Bonds. 4.DECLARE the County’s official intent to use proceeds of the Bonds to reimburse expenditures of the Borrower incurred for the Development. 5.AUTHORIZE the Director of the Department of Conservation and Development, or designee, to submit an application to CDLAC for an allocation from the state ceiling of private activity bonds. 6.APPOINT Stradling Yocca & Rauth, LLP as bond counsel for the transaction. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 5 powered by Legistar™ File #:RES 2024-284,Version:1 7.AUTHORIZE the Director of the Department of Conservation and Development, or designee, to implement the approvals set forth in the resolution. FISCAL IMPACT: There is no fiscal impact associated with this action. In the event that the Bonds are issued, the Contra Costa County (the “County”) will be reimbursed for any costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring certain units in the Development will be rented to low -income households are accommodated in the bond issue. The Bonds will be solely secured by and payable from revenues (e.g., development rents, reserves, etc.) pledged under the bond documents. No County funds are pledged to secure the Bonds. BACKGROUND: The County, through the Department of Conservation and Development, operates a multifamily housing revenue bond financing program. The purpose of the program is to increase or preserve the supply of affordable rental housing available to low and very low-income households. The County program may be undertaken within the unincorporated County and within the cities located in the County that have agreed to let the County operate the program in their jurisdiction. Eden Development, Inc. (“Eden”) requested to participate in the County’s multifamily housing revenue bond financing program. Eden (through a borrower entity to be formed by Eden or an affiliate or assignee approved by the County, referred to herein as the “Borrower”) will use the bond proceeds for the acquisition, construction, and rehabilitation of the Development, which is approximately 108 years old, constructed in 1914. The Development is an existing, occupied 75-unit apartment development with 6 ground floor retail spaces. The 6 retail spaces on the ground floor will be replaced with 9 new residential units, for a total of 83 low- income and very low-income units between 30-60% area median income (AMI), to be restricted to occupancy by residents who are disabled or over 62 years old, plus one manager’s unit. The building design and project entitlements have been approved by the City of Martinez. The Development meets the eligibility criteria for bond financing and the County policy for this program. The Development will be managed by Eden Housing Management, Inc. A requirement of federal tax law is that the prospective financing be subject to a conditional statement of intent to issue bonds to reimburse expenses incurred prior to the date the bonds are issued and a reimbursement resolution that is adopted by the Board of Supervisors fulfills that requirement. Also, the California Debt Limit Allocation Committee, the entity that allocates tax-exempt bond authority in California, requires that a reimbursement resolution be adopted before an application may be submitted for such an allocation. The adoption of a reimbursement resolution will not obligate the County or the owner without future discretionary actions but will indicate the intent of the County to issue the bonds if all conditions in the reimbursement resolution have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: Without the reimbursement resolution, Eden will not be able to proceed with the process of applying to the California Debt Limit Allocation Committee for multifamily housing revenue bond authority through the County, which would severely delay the development of this project. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 5 powered by Legistar™ File #:RES 2024-284,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF Resolution No. 2024/XX RESOLUTION SETTING FORTH THE COUNTY’S OFFICIAL INTENT TO ISSUE REVENUE BONDS TO FINANCE A MULTIFAMILY RENTAL HOUSING DEVELOPMENT KNOWN AS RIVERHOUSE HOTEL WHEREAS, the Board of Supervisors of the County of Contra Costa (the “County”) has determined that there is a shortage of safe and sanitary housing within the County, and that it is in the best interest of the residents of the County and in furtherance of the health, safety and welfare of the public for the County to assist in the financing of multifamily rental housing developments; and WHEREAS, pursuant to Division 31 of the Health and Safety Code of the State of California, and particularly Chapter 7 of Part 5 thereof (the “Act”), the County is empowered to issue and sell revenue bonds for the purpose of making mortgage loans or otherwise providing funds to finance the acquisition, construction and rehabilitation of multifamily rental housing, including units for lower income households and very low-income households; and WHEREAS, Eden Development, Inc. (“Eden”) has requested that the County consider the issuance and sale of revenue bonds (the “Bonds”) pursuant to the Act, in one or more series, including Bonds the interest on which is federally tax-exempt, all for the purpose of lending the proceeds thereof to a County-approved limited partnership entity to be formed by Eden, or an affiliate or assignee of Eden (the “Borrower”) to finance the acquisition, construction and rehabilitation by the Borrower of 84 units of multifamily rental housing currently identified as Riverhouse Hotel to be located at 700 Alhambra Avenue (APN No. 373-225-002-6 and 373-225- 003-4) in the City of Martinez, County of Contra Costa (the “Development”), to be owned by the Borrower; and WHEREAS, the County expects that the Borrower has paid or may pay certain expenditures (the “Reimbursement Expenditures”) in connection with the Development within 60 days prior to the adoption of this resolution and may incur additional Reimbursement Expenditures prior to the issuance of indebtedness, for the purpose of financing costs associated with the Development on a long-term basis; and WHEREAS, Sections 1.103-8(a)(5), 1.142-4, and 1.150-2 of the United States Treasury Regulations require the County to declare its reasonable official intent to reimburse prior expenditures for the Development with proceeds of a subsequent tax-exempt borrowing; and CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 5 powered by Legistar™ File #:RES 2024-284,Version:1 WHEREAS, the County wishes to declare its intention to authorize the issuance of the Bonds for the purpose of financing costs of the Development (including reimbursement of the Reimbursement Expenditures, when so requested by the Borrower upon such terms and conditions as may then be agreed upon by the County, the Borrower and the purchaser of the Bonds) in an aggregate principal amount not to exceed $30,000,000; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the “Code”) limits the amount of multifamily housing mortgage revenue bonds that may be issued in any calendar year by entities within a state and authorizes the governor or the legislature of a state to provide the method of allocation within the state; and WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the California Government Code governs the allocation of the state ceiling among governmental units in the State of California having the authority to issue private activity bonds; and WHEREAS, Section 8869.85 of the California Government Code requires a local agency desiring an allocation of the state ceiling to file an application with the California Debt Limit Allocation Committee (CDLAC) for such allocation, and CDLAC has certain policies that are to be satisfied in connection with any such allocation. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows: Section 1.The Board of Supervisors hereby finds and declares that the foregoing recitals are true and correct. Section 2. (a) The Board of Supervisors hereby determines that it is necessary and desirable to provide financing for the Development (including reimbursement of the Reimbursement Expenditures) pursuant to the Act by the issuance of the Bonds in an aggregate principal amount not to exceed $30,000,000. The issuance of the Bonds shall be subject to the following conditions: (a) the County, by Resolution of the Board of Supervisors, shall have first agreed to acceptable terms and conditions for the Bonds (and for the sale and delivery thereof), and for all agreements with respect to the Bonds to which the County will be a party; (b) all requisite governmental approvals for the Bonds shall have first been obtained; (c) the Bonds shall be payable from revenues received with respect to a loan to the Borrower made with the proceeds of the Bonds, and neither the full faith nor the credit of the County shall be pledged to the payment of the principal of or interest on the Bonds; and (d) any occupancy and other requirements of the Code are satisfied or otherwise provided for with respect to Bonds, the interest on which is intended to be excluded from gross income for federal tax purposes. The expected date of issue of the Bonds is within eighteen (18) months of the later of the date the first Reimbursement Expenditure was made and the first date the Development is placed in service and in no event later than three (3) years after the date of the first Reimbursement Expenditure. (b)Proceeds of the Bonds to be used to reimburse for Development costs are not expected to be used directly or indirectly to pay debt service with respect to any obligation or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the County or any entity related in any manner to the County, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. (c)As of the date hereof, the County has a reasonable expectation that the Bonds will be issued to reimburse Development costs. This Resolution is consistent with the budgetary and financial circumstances of the County, as of the date hereof. The Bonds will be repaid solely from proceeds of the Bonds and amounts paid by the Borrower. No other moneys are, or are reasonably expected to be, reserved, allocated on a long- CONTRA COSTA COUNTY Printed on 8/20/2024Page 4 of 5 powered by Legistar™ File #:RES 2024-284,Version:1 term basis, or otherwise set aside by the County (or any related party) pursuant to its budget or financial policies to repay the Bonds. Section 3.This Resolution is being adopted by the County in part for the purpose of establishing compliance with the requirements of Sections 1.103-8(a)(5), 1.142-4, and 1.150-2 of the Treasury Regulations. In such regard, the County hereby declares its official intent to use proceeds of the Bonds to reimburse the Reimbursement Expenditures. This action is taken expressly for the purpose of inducing the Borrower to undertake the Development, and nothing contained herein shall be construed to signify that the Development complies with the planning, zoning, subdivision, environmental and building laws and ordinances applicable thereto or to suggest that the County, or any officer or agent of the County will grant any such approval, consent or permit that may be required in connection with the acquisition, construction and equipping of the Development, or that the County will make any expenditure, incur any indebtedness, or proceed with the financing of the Development. Section 4.The Director of the Department of Conservation and Development, or designee (the “Designated Officer”) is hereby authorized and directed to apply to CDLAC for an allocation from the state ceiling of private activity bonds to be issued by the County for the Development in an amount not to exceed $30,000,000 and to take any and all other actions as may be necessary or appropriate in connection with such application, including but not limited to the payment of fees, the posting of deposits and the provision of certificates, additional applications to CDLAC (if necessary), and any such actions heretofore taken by such the Designated Officers and their designees are hereby ratified, approved and confirmed. Section 5.Stradling Yocca Carlson & Rauth LLP is hereby appointed to serve as Bond Counsel to the County in connection with the Development and the issuance and sale of the Bonds. Section 6.The Director of the Department of Conservation and Development, or designee, are hereby authorized to execute all necessary documents, in a form approved by County Counsel and/or Bond Counsel, and to perform such acts as are necessary to implement the approvals provided for in this Resolution. Section 7.This Resolution shall take effect immediately upon its adoption. CONTRA COSTA COUNTY Printed on 8/20/2024Page 5 of 5 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 283 Name: Status:Type:Consent Resolution Passed File created:In control:7/22/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT Resolution No. 2024-283 to approve and authorize the Conservation and Development Director, or designee, to apply for and accept a grant of up to a maximum of $1,499,285 from the California Ocean Protection Council, Senate Bill 1 Grant Program, for the preparation of the Contra Costa County Resilient Shoreline Plan that would create focused adaptation strategies and implementation actions for the communities along Contra Costa County’s shoreline. (100% State, no County match) Attachments:1. Governing Board Resolution for OPC Grants_Contra Costa Resilient Shoreline Plan Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To: Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Senate Bill 1 Grant Execution ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a resolution to approve and authorize the Conservation and Development Director, or designee, to apply for and accept a grant of up to a maximum of $1,499,285 from the California Ocean Protection Council, Senate Bill 1 Grant Program, for the preparation of the Contra Costa County Resilient Shoreline Plan that would create focused adaptation strategies and implementation actions for the communities along Contra Costa County’s shoreline. FISCAL IMPACT: The Senate Bill 1 Grant Program funds awarded to Contra Costa County will be distributed among the lead applicant (County) and any partners, which will include community-based organizations, local shoreline governments, and technical subconsultants. A process for grant administration will be forthcoming for Board consideration. This partnership will improve capacity and develop priorities to address sea level rise within our respective jurisdictions. Measure X funds for climate equity and resilience as well as water policy planning funds through the County’s Water Agency support the work of the Department of Conservation and Development staff who will be administering the grant. The Senate Bill 1 Grant Program does not require a County match. BACKGROUND: The Senate Bill 1 Grant Program operates through the California Ocean Protection Council (OPC) and provides funding to local and regional governments to develop sea level rise adaptation plans and implementation projects under the direction of Senate Bill 1. Track 1 of the Senate Bill 1 Grant Program supports projects in the CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.20 File #:RES 2024-283,Version:1 pre-planning, data collection, and planning phases. The Board of Supervisors authorized the County’s application to the Senate Bill 1 Grant Program at its May 14, 2024, meeting. At OPC's June 4, 2024, meeting, OPC approved the authorization to disburse up to $1,499,285 to Contra Costa County for the Contra Costa Resilient Shoreline Plan as part of the first tranche of SB 1 Grant Program awards. OPC has indicated Board of Supervisors approval of the attached resolution is a requirement of the grant execution process that will enable the County to receive the funding awarded by OPC. Once the grant is executed, staff anticipate starting work funded by the SB 1 Grant Program in the fall of 2024. DCD has initiated the Resilient Shoreline Coalition, consisting of a growing list of collaborators and partners that have supported the County's pursuit of grant funding for the Contra Costa Resilient Shoreline Plan. Outreach to shoreline cities, special districts, and community-based organizations to gauge interest in being a partner on this grant will continue until all shoreline cities and other shoreline stakeholders are briefed. CONSEQUENCE OF NEGATIVE ACTION: Should the Board not approve the resolution, the County would not be able to receive funding awarded through the Ocean Protection Council’s Senate Bill 1 Grant Program to develop a resilient shoreline plan. See attached resolution. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project NOW, THEREFORE, BE IT RESOLVED that the _____________________________________________________ 1.If applicable, approves the filing of an application for the _______________________________________; to be funded by ________________________________________________________________________. 2.If applicable, certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; 3.Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and, 4.Certifies that the Applicant/Grantee will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and, 5.Appoints the ___________________________________, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). Approved and adopted the __________day of __________ 20____. I, the undersigned, hereby certify that the foregoing Resolution Number __________ was duly adopted by the __________________________________. Following Roll Call Vote: Ayes: _________ Nos: _________ Absent: _________ __________________________________________, _____________________________________________ (Signature) (Title) OCEAN PROTECTION COUNCIL – RESOLUTION TEMPLATE Resolution No: _______________________ RESOLUTION BY ________________________________________________________________________ APPROVING THE APPLICATION FOR AND/OR EXECUTION OF GRANT FUNDS FROM THE OCEAN PROTECTION COUNCIL UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (Proposition 84), Prop 68, ENVIRONMENTAL LICENSE PLATE FUNDS, ONCE THROUGH COOLING OR GENERAL FUNDS Governing Board Resolution CNRA OPC 012 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2417 Name: Status:Type:Consent Item Passed File created:In control:5/3/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents to restructure a Community Development Block Grant and a HOME Investment Partnership Program loan and AUTHORIZE Conservation and Development Director to execute necessary legal documents for the acquisition and development of 86 affordable rental apartment units at Giant Road Apartments in San Pablo. (100% Federal funds) Attachments:1. First Amendment of Giant Road Regulatory Agr, 2. Giant Road Assignment Agr, 3. Giant Road Deed of Trust, 4. Giant Road Refinanced Promissory Note, 5. Giant Road Second Amended Restated Intercreditor, 6. First Amendment of Giant Road County Loan Agr Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Approval of Transfer of Ownership of Giant Road Apartments in San Pablo, and Related Actions ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1. APPROVE the ownership transfer of Giant Road Apartments in San Pablo from Giant Development, LP, a California Limited Partnership, to Giant Development II, LP, a California Limited Partnership; 2. APPROVE the assignment and assumption of County Community Development Block Grant (CDBG), and HOME Investment Partnerships Program (HOME) from the current owner to the new owner; and 3. APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to execute legal documents subject to approval by the County Administrator and approval to form by County Counsel that are required to carry out these approvals. FISCAL IMPACT: No General Fund impact. CDBG and HOME funds are provided to the County on a formula basis through the U.S. Department of Housing and Urban Development (HUD). CDBG CFDA #14.218. HOME CFDA #14.239. BACKGROUND: Giant Road Apartments, located at 2832 Giant Road in the City of San Pablo (the Development), consists of 86 units of affordable rental housing that is suitable for extremely low and very low-income families and individuals. In 2004 and 2005, the County loaned $600,000 of CDBG and $1,100,000 of HOME funds to Giant Development, LP, a California Limited Partnership (Prior Partnership), with East Bay Local Development CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 3 powered by Legistar™ C.21 File #:24-2417,Version:1 Corporation (EBALDC) as the Prior Partnership’s managing partner. The loans, in combination with additional funds from low-income housing tax credits, the City of San Pablo, the State of California-Housing and Community Development, and a private mortgage loan, were used for the acquisition and new construction of the Development. The Development’s initial tax credit period has passed, and the Development is in need of rehabilitation to meet current accessibility standards and to remediate water intrusion issues. EBALDC was awarded another low- income housing tax credit allocation and multi-family housing bonds to complete the needed rehabilitation. Together with an allocation of new permanent private financing, and seller carryback loan, the tax credit will provide funds to refinance the existing loans on the Development. EBALDC, an experienced non-profit affordable housing developer, is not seeking any additional CDBG or HOME funds as a part of this transaction. The purpose of the refinancing is to rehabilitate the Development. The proposed scope of work at the Development includes but is not limited to exterior envelope and structural repairs, removal and replacement of damaged framing, window replacement, painting, waterproofing and accessibility, path of travel improvements, and in-unit upgrades as needed. In support of the proposed rehabilitation, the County actions needed are: (1) consent to the assignment of the original County CDBG and HOME loans to the borrower; (2) restructure the original CDBG and HOME loans by rolling the accrued interest of $820,846 (through expected closing date of August 8, 2024) plus principal loan balance of $1,700,000 resulting in an updated principal loan balance of $2,520,846. The existing loan terms are three percent simple annual interest with a term of 55 years with repayments required to be made only when the borrower has surplus cash. Since 2005, the County has received $111,920.89 in interest payments. The restructured loan will have a 55-year term and carry the applicable federal interest rate at the time of transaction closing (4.6% in July 2024) with the same deferred payment/surplus cash flow repayment structure. The loan documents are attached and include a restructured promissory note and deed of trust, an assignment agreement, an amended and restated intercreditor agreement, an amended CDBG/HOME loan agreement, and amended regulatory agreement. The documents are in their close to final form and will be executed subject to approval by the County Administrator and in a form approved by County Counsel. Through this action, the DCD Director, or designee, is also authorized to execute subordination agreements and estoppels that are consistent with the terms in the amended loan agreement. CONSEQUENCE OF NEGATIVE ACTION: Without approval and execution of the legal documents, the acquisition and rehabilitation will not be completed and will continue to suffer from deferred maintenance. The Development must close the transaction and begin construction in July 2024 or forgo the low-income housing tax credits and multi-family housing bonds upon which the project’s financing depends. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 3 powered by Legistar™ File #:24-2417,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 3 powered by Legistar™ 1 863\57\3745062.2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Assistant Deputy Director No fee document pursuant to Government Code Section 278393 and 27388.1 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) FIRST AMENDMENT OF REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Giant Road) THIS FIRST AMENDMENT OF REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (the "First Amendment") is dated July 25, 2024, and is by and between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Giant Development II, LP, a California limited partnership ("Borrower"), with reference to the following facts: RECITALS A. Borrower is acquiring from Giant Development, L.P., a California limited partnership (the "Prior Partnership") that certain real property located at 2832 Giant Road, in the City of San Pablo, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). The Property is improved with an eighty-six (86) unit affordable housing development, eighty-four (84) of which are for rental to extremely low, very low and low income households, and two (2) manager's units (the "Development"). The Development, as well as all landscaping, roads, and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". B. The County previously provided the Prior Partnership the following loans: (i) a loan in the amount of One Million Two Hundred Thousand Dollars ($1,200,000), funded with Six Hundred Thousand Dollars ($600,000) of HOME Funds and Six Hundred Thousand Dollars ($600,000) of CDBG Funds, and (ii) a loan in the amount of Five Hundred Thousand Dollars ($500,000) of HOME Funds, collectively, the "County Original Loans." C. The County and East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation, entered into that certain Regulatory Agreement and Declaration of Restrictive Covenants dated September 30, 2004, and recorded against the 2 863\57\3745062.2 Property on September 30, 2004 as Instrument No. 2004-376348-00 as assigned to the Prior Partnership pursuant to an Assignment and Assumption Agreement recorded December 22, 2005 as Instrument Number 12005-0490146-000 (the "Regulatory Agreement"), setting forth income, rent, management and other operational requirements of the Development. D. In support of the rehabilitation of the Improvements, the County has consented to the assignment of the County Original Loans and the Regulatory Agreement to Borrower pursuant to an Assignment, Assumption, and Consent Agreement among the County, the Prior Partnership, and Borrower dated of even date herewith, and has consented to restructure the County Original Loans such that the principal amount is Two Million Five Hundred Twenty Thousand Eight Hundred Forty-Six Dollars ($2,520,846) which amount represents the original principal amount of the County Original Loans, plus interest accrued on the County Original Loans as of the date of this First Amendment (the "County Loan"). E. Concurrent with the assignment and assumption of the County Original Loans and the Regulatory Agreement, the County and Borrower are entering into the following documents to reflect the County Loan in addition to this First Amendment: (i) First Amendment to First Amended and Restated CDBG/HOME Loan Agreement between the County and Borrower; (ii) Promissory Note executed by Borrower for the benefit of the County in the amount of the County Loan; (iii) Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, to be recorded against the Property; and (iv) Second Amended and Restated Intercreditor Agreement among the City of San Pablo, Borrower, and the County to be recorded against the Property. F. As consideration for the County Loan, the County requires the term of the Regulatory Agreement be extended to fifty-five (55) years from the date of this First Amendment. G. This First Amendment amends the Regulatory Agreement. Defined terms used but not defined in this First Amendment are as defined in the Regulatory Agreement. The parties therefore agree to amend the Regulatory Agreement as follows: AGREEMENT 1. Borrower. Section 1.1(f) of the Regulatory Agreement is deleted in its entirety and replaced with the following: "(f) "Borrower" means Giant Development II, LP, a California limited partnership." 2. County Loan Agreement. Section 1.1(o) of the Regulatory Agreement is deleted in its entirety and replaced with the following: "(o) "County Loan Agreement" means the First Amended and Restated CDBG/HOME Loan Agreement between Giant Development, L.P., a California limited 3 863\57\3745062.2 partnership and the County dated December 15, 2005, as modified by a First Amendment to First Amended and Restated CDBG/HOME Loan Agreement dated July 25, 2024 and executed by Borrower and the County." 3. County Deed of Trust. Section 1.1(m) of the Regulatory Agreement is deleted in its entirety and replaced with the following: "(m) "County Deed of Trust " means Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing dated July 25, 2024 among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, recorded against the Property." 4. County Loan. Section 1.1(n) of the Regulatory Agreement is deleted in its entirety and replaced with the following: "(p) "County Loan" means the loan to Borrower from the County in the amount of Two Million Five Hundred Twenty Thousand Eight Hundred Forty-Six Dollars ($2,520,846)." 5. County Note. Section 1.1(p) of the Regulatory Agreement is deleted in its entirety and replaced with the following: "(p) "County Note" means the promissory note executed by Borrower dated July 25, 2024 in the amount of the County Loan." 6. Intercreditor Agreement. Section 1.1(y) of the Regulatory Agreement is deleted in its entirety and replaced with the following: "(y) "Intercreditor Agreement" means the Second Amended and Restated Intercreditor Agreement by and among Borrower, the County, and the City of San Pablo dated July 25, 2024." 7. Term. Section 1.1(gg) of the Regulatory Agreement is deleted in its entirety and replaced with the following: "(gg) "Term" mean the term of this Agreement which commenced on September 30, 2004 and terminates on July 25, 2081." 8. Loss of Subsidy. A new section 2.5 is added to the Regulatory Agreement as follows: "2.5 Loss of Subsidy. (a) It is anticipated that certain of the Extremely Low Income Units in the Development (the "Subsidy Units") will receive Project-Based Section 8 or other rental subsidy payments (the "Rental Subsidy") throughout the Term, as reflected in the development budget approved by the County pursuant to the County Loan Agreement (the "Approved Development Budget"). Notwithstanding Section 2.3, if any change in federal law occurs, or any action (or inaction) by Congress or any federal or State 4 863\57\3745062.2 agency occurs, which results in a reduction, termination or nonrenewal of the Rental Subsidy through no fault of the Borrower, such that the Rental Subsidy shown on the Approved Development Budget is no longer available, Borrower may increase the Rent on one or more of the Extremely Low Income Units that overlap with a Subsidy Unit, to a monthly Rent that does not exceed the maximum rent published by HUD for the applicable bedroom size as set forth in 24 C.F.R. 92.252(b) (the "Low HOME Rent") subject to the following requirements: (1) At the time Borrower requests an increase in the Rent, Borrower shall provide the County with an operating budget for the Development for the County's approval, showing the impact of the loss or reduction of the Rental Subsidy (the "Operating Budget"); (2) The number of Extremely Low Income Units subject to the Rent increase may not be greater than the amount required to ensure that the Development generates sufficient income to cover its operating costs and debt service as shown on the Operating Budget, and as is necessary to maintain the financial stability of the Development; (3) Borrower shall use good faith efforts to ensure that the Tenants whose Rents are increased to the Low HOME Rent have the highest incomes of the Tenants occupying Extremely Low Income Units; and (4) Any such Rent increase must be pursuant to a transition plan approved by the County, consistent with remedial measures set forth in California Code of Regulations Title 4, Division 17, Chapter 1, Section 10337(a)(3) or successor regulation applicable to California's Federal and State Low Income Housing Tax Credit Program. (b) Borrower shall use good faith efforts to obtain alternative sources of rental subsidies and shall provide the County with annual progress reports on efforts to obtain alternative sources of rental subsidies that would allow the rents on the Extremely Low Income Units to be reduced back to the Extremely Low Income Rent. Upon receipt of any alternative rental subsidies, Borrower shall reduce the rents on the Extremely Low Income Units back to the Extremely Low Income Rent, to the extent that the alternative rental subsidies provide sufficient income to cover the operating costs and debt service of the Development as shown on the Operating Budget." 9. Notices. Section 6.15 of the Regulatory Agreement is deleted in its entirety and replaced with the following: "6.15 Notices. All notices required or permitted by any provision of this Agreement must be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the parties as follows: 5 863\57\3745062.2 (1) if intended for the County is to be addressed to: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Assistant Deputy Director and (2) if intended for Borrower is to be addressed to: Giant Development II, LP c/o East Bay Asian Local Development Corporation 1825 San Pablo Avenue, Suite 200 Oakland, CA 94612 Attention: Chief Executive Officer With a copy to: Wincopin Circle LLLP c/o Enterprise Community Asset Management, Inc. 70 Corporate Center 11000 Broken Land Parkway, Suite 700 Columbia, Maryland 21044 Attn: Asset Management Such written notices, demands, and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate as provided in this Section. Receipt will be deemed to have occurred on the date marked on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). The County shall provide Wincopin Circle LLLP (the "Limited Partner") a duplicate copy of all notices of default that the County may give to or serve in writing upon Borrower, at the address set forth in this Section, provided, the County shall have no liability to the Limited Partner for its failure to do so. The Limited Partner has the right, but not the obligation, to cure any default of Borrower set forth in such notice, during the applicable cure period described in this Agreement, and the County will accept tender of such cure as if delivered by Borrower." 10. Full Force and Effect. Except as set forth in this First Amendment, the Regulatory Agreement remains unmodified and in full force and effect. 11. Counterparts. This First Amendment may be signed in counterpart and, if signed in counterpart, each counterpart signature is an original signature, and all the counterparts together constitute one and the same agreement. 6 863\57\3745062.2 [signatures on following page] 7 863\57\3745062.2 The parties are signing this First Amendment as of the day and year first above written. BORROWER: GIANT DEVELOPMENT II, LP, a California limited partnership By: Giant Development II, LLC, a California limited liability company, its general partner By: East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation, its manager By: ____________________________ Capri Roth, EVP of Real Estate Development APPROVED AS TO FORM: Thomas L. Geiger County Counsel By: Kathleen Andrus Deputy County Counsel COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: ____________________________ John Kopchik Director, Department of Conservation and Development 8 863\57\3745062.2 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 9 863\57\3745062.2 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public 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. A-1 863\57\3745062.2 EXHIBIT A Legal Description of the Property Real Property situated in the County of Contra Costa, City of San Pablo, State of California, and described as follows: PARCEL ONE: All that real property being a portion of Parcel A as shown on the Parcel Map M.S. No. 777 -86, filed April 7,1986 in Book 122 of Parcel Maps at Page 7, located in the City of San Pablo, County of Contra Costa, State of California, more particularly described as follows: Beginning at the Northwest corner of said Parcel A, said point being on the Easterly boundary of the road right of way known as Giant Road (County Road No. 21); thence along said Easterly boundary of Giant Road, South 12° 25' 00" West a distance of 363.51 feet; Thence South 77° 35' 00" East a distance of 314.00 feet; Thence North 12° 25' 00" East a distance of 273.74 feet; Thence South 77° 35' 00" East a distance of 26.00 feet; Thence North 12° 25' 00" East a distance of 89.77 feet; Thence North 77° 35' 00" West a distance of 340.00 feet; to the point of beginning. Also being Lot 1, as shown on the Lot Line Adjustment Plat attached to that certain "Certificate of Compliance for Lot Line Adjustment LLA 04-35" recorded August 5, 2004 as instrument No. 2004-302583 of Official Records which was corrected in the Correction Deed recorded September 14, 2004 as Instrument No. 2004- 353917 of Official Records. PARCEL TWO: Non-exclusive easements for access, drainage and utilities, created as an appurtenance to Parcel One above in the "Easement and Maintenance Agreement" executed by and between Pulte Home Corporation, a Michigan Corporation and Giant Development L.P., a California limited partnership recorded April 14, 2006 as Instrument No. 2006-116461, Official Records, over, under and upon the following described land: Being a portion of Lot "J" as said Lot is shown on that certain Map entitled "Subdivision No. 8921, for Condominium purposes, Devon Square in the City of San Pablo", filed February 1, 2006 in Book 487 of Maps at Pages 7 to 10, inclusive, of Official Records of Contra Costa County, more particularly described as follows: Beginning at a point on the mostly Westerly line of said Subdivision No. 8921, being the Southerly terminus of the line shown as "North 12° 25' 00" East, 273.74" on the last said Map; Thence from said point of beginning, along the last said mostly Westerly line, North 12° 25' 00" East, 273.74 feet to a point on the Northerly line of the last said Subdivision; Thence along the last said Northerly line, South 77° 35' 00" East, 24.00 feet; Thence leaving the last said Northerly line, along the mostly Easterly line of said Lot J and its Northerly production, South 12° 25' 00" West, 127.75 feet to a tangent curve, concave to the Northeast, having a radius of 10.00 feet and a central angle of 90° 00' 00"; A-2 863\57\3745062.2 Thence Southerly, Southeasterly and Easterly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 0.50 feet; Thence leaving the last said mostly Easterly line of said Lot J, South 12° 25' 00" West, 23.00 feet to a point on the last said mostly Easterly line of said Lot J; Thence along the mostly Easterly line of said Lot J; Thence along the mostly Easterly line of said Lot J, South 12° 25' 00" West, 0.50 feet to a point on a nontangent curve concave to the Southeast having a radial which bears North 12° 25' 00" East, a radius of 10.00 feet and a central angle of 90° 00' 00"; Thence Westerly, Southwesterly and Southerly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 88.98 feet to a tangent curve, concave to the Northeast, having a radius of 10.00 feet and a central angle of 90° 00' 00"; Thence Southerly, Southeasterly and Easterly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 0.50 feet; Thence leaving the last said mostly Easterly line of said Lot J, South 12° 25' 00" West, 2.85 feet to a point on the mostly Northerly line of the right of way of Lake Street as said street is shown on the last said Subdivision No. 8921 and being also a non-tangent curve, concave to the South, having a radial which bears North 21° 45' 12" East, a radius of 25.25 feet and a central angle of 9° 29' 12; Thence Westerly along the arc of said curve, 4.28 feet; Thence continuing along the last said right of way of Lake Street, North 77° 35' 00" West, 29.74 feet to the point of beginning. APN: 412-060-005-3 1 863\57\3744914.2 ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT (Giant Road) THIS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT ("Agreement") is dated July 25, 2024, and is by and among the County of Contra Costa, a political subdivision of the State of California (the "County"), Giant Development, L.P., a California limited partnership (the "Prior Partnership"), and Giant Development II, LP, a California limited partnership ("Borrower"). RECITALS A. The Prior Partnership is the owner of that certain real property located at 2832 Giant Road, in the City of San Pablo, County of Contra Costa, State of California, as more particularly described in the Original Loan Agreement, as defined below (the "Property"). The Prior Partnership and Borrower desire that all of the Prior Partnership's rights, title, and interest in the Property be transferred to Borrower (such transfer, the "Transfer"). B. The County previously provided the following loans to the Prior Partnership, all of which are secured by the Property (collectively, the "Original Loans"): (i) a loan in the amount of One Million Two Hundred Thousand Dollars ($1,200,000), funded with Six Hundred Thousand Dollars ($600,000) of Home Investment Partnerships Act funds ("HOME Funds"), and Six Hundred Thousand Dollars ($600,000) of Community Development Block Grant Program funds (together, "Original Loan #1"), and (ii) a loan in the amount of Five Hundred Thousand Dollars ($500,000) of HOME Funds ("Original Loan #2"). The Prior Partnership and Borrower desire that all of the Prior Partnership's rights and obligations under the Original Loans and the Original Loan Documents, defined below, be assigned to and assumed by Borrower (such assignment, the "Assignment"). The Transfer and the Assignment require the County's consent. C. The Original Loans are evidenced by the following documents (collectively, the Original Loan Documents"): (i) First Amended and Restated CDBG/HOME Loan Agreement between the Prior Partnership and the County dated December 15, 2005 (the "Original Loan Agreement"), (ii) Promissory Note dated September 30, 2004, executed by East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation("EBALDC") for the benefit of the County in the amount of Original Loan #1 ("Original Note #1"), which was assigned to the Prior Partnership pursuant to an Assignment and Assumption Agreement that was recorded December 22, 2005, as Instrument Number 12005-0490146-000 (the "Assignment Agreement"), (iii) Promissory Note dated December 15, 2005, executed by the Prior Partnership for the benefit of the County in the amount of Original Loan #2 ("Original Note #2"), (iv) Deed of Trust with Assignment of Rents and Security Agreement dated as of September 20, 2004, executed by EBALDC in favor of the County, which was recorded on September 30, 2004, as Document Number 2004-0376349-00 and was assigned to the Prior Partnership pursuant to the Assignment Agreement ("Original Deed of Trust #1") and secures Original Loan #1, (v) Deed of Trust with Assignment of Rents and Security Agreement dated as of December 15, 2005, which was recorded on December 22, 2005, as Document Number 2005-0490147-00 ("Original Deed of Trust #2") and secures Original Loan #2, (vi) Regulatory Agreement and Declaration of Restrictive Covenants dated September 30, 2004, executed by EBALDC and the County, which 2 863\57\3744914.2 was recorded against the Property on September 30, 2004, as Instrument No. 2004-376348-00, and was assigned to the Prior Partnership pursuant to the Assignment Agreement ("Original Regulatory Agreement"), and (vii) Intercreditor Agreement entered into among EBALDC, the County, and the City of San Pablo (the "City") dated as of September 30, 2004, which was recorded against the Property on September 30, 2004, as Instrument No. 2004- 376351, as amended by that certain First Amendment to Intercreditor Agreement dated as of August 15, 2005, which was recorded on August 18, 2005, as Instrument No. 2005-0311384-00, and was assigned to the Prior Partnership pursuant to the Assignment Agreement ("Original Intercreditor Agreement"). D. Subject to the terms of this Agreement, the County is willing to consent to the Transfer and the Assignment. E. Simultaneous with the effectiveness of this Agreement, the County and Borrower are entering into the following documents (collectively, the "Amended County Documents"): (i) First Amendment to First Amended and Restated CDBG/HOME Loan Agreement between the County and Borrower, amending the Original Loan Agreement, (ii) Promissory Note executed by Borrower for the benefit of the County in the amount of Two Million Five Hundred Twenty Thousand Eight Hundred Forty-Six Dollars ($2,520,846), which supersedes Original Note #1 and Original Note #2, (iii) Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, to be recorded against the Property which supersedes Original Deed of Trust #1 and Original Deed of Trust #2, (iv) Amended and Restated Intercreditor Agreement among the City, the County, and Borrower, which supersedes the Original Intercreditor Agreement, and (v) First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants between the County and Borrower to be recorded against the Property, which amends the Original Regulatory Agreement. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Representations of Prior Partnership. The Prior Partnership represents and warrants that: a. It has not previously assigned, pledged, hypothecated or otherwise transferred any of its rights, title, or interest in or obligations in the Original Loans or the Original Loan Documents. b. It has received the consent of all other existing lenders on the Property to the transfer of the Property, and the assignment and assumptions contemplated by this Agreement and that such actions will not constitute a default under any of such lenders' loan documents. 3 863\57\3744914.2 c. No event has occurred and is continuing that would constitute a default and no event has occurred and is continuing that, with notice or the passage of time or both, would be an event of default under any of the Original Loan Documents. 2. Consent to Transfer of Property. Subject to Borrower's execution of the Amended County Documents in a form satisfactory to the County, the County consents to the Transfer. 3. Assignment of Original Loans. a. Assignment. The Prior Partnership hereby assigns to Borrower all of the Prior Partnership's rights, title, and interest in and obligations under the Original Loan Documents and to the Original Loans (the "Assignment"). b. Assumption. Borrower hereby accepts the Assignment and assumes the Prior Partnership's obligation to repay the Original Loans, in accordance with the terms of the Original County Documents, as amended by the Amended County Documents. c. County Consent. Subject to Borrower's execution of the Amended County Documents in a form satisfactory to the County, the County consents to the Assignment. 4. Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. 5. Successors and Assigns. This Agreement binds and inures to the benefit of the legal representatives, heirs, successors and assigns of the parties. 6. California Law. The laws of the State of California govern all matters arising out of this Agreement. 7. Counterparts. This Agreement may be signed by the different parties hereto in counterparts, each of which is deemed an original but all of which together constitute one and the same agreement. [Remainder of Page Intentionally Left Blank] Signature Page County Giant Road Assignment Agreement 863\57\3744914.2 IN WITNESS WHEREOF, the parties are executing this Agreement as of the day first above written. PRIOR PARTNERSHIP: GIANT DEVELOPMENT, L.P., a California limited partnership By: Whistle Station, LLC, a California limited liability company, its general partner By: East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation, its sole member By: ____________________________ Capri Roth, EVP of Real Estate Development BORROWER: GIANT DEVELOPMENT II, LP, a California limited partnership By: Giant Development II, LLC, a California limited liability company, its general partner By: East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation, its manager By: ____________________________ Capri Roth, EVP of Real Estate Development [signatures continue on following page] Signature Page County Giant Road Assignment Agreement 863\57\3744914.2 COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By:_____________________________ John Kopchik Director, Department of Conservation and Development APPROVED AS TO FORM: THOMAS L. GEIGER County Counsel By: ______________________________ Kathleen Andrus Deputy County Counsel 863\57\3744892.3 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Assistant Deputy Director No fee for recording pursuant to Government Code Sections 27383 and 27388.1 DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING (Giant Road) THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of July 25, 2024, by Giant Development II, LP, a California limited partnership with an address of c/o East Bay Asian Local Development Corporation, 1825 San Pablo Avenue, Suite 200, Oakland, CA 94612 ("Trustor"), to Old Republic Title Company, a California corporation ("Trustee"), for the benefit of the County of Contra Costa, a political subdivision of the State of California with an address of c/o Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553 ("Beneficiary"). FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, Trustor's fee interest in the property located in the County of Contra Costa, State of California, that is described in the attached Exhibit A, incorporated herein by this reference (the "Property"). TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property and the rents; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of Trustor now or hereafter affixed to or placed upon the Property; TOGETHER WITH all building materials and equipment now or hereafter delivered to said property and intended to be installed therein; 863\57\3744892.3 2 TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property; TOGETHER WITH all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages to the extent Beneficiary has an interest in such awards for taking as provided in Paragraph 4.1 herein; TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or will be, attached to said building or buildings in any manner; and TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other personal property now or hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with the Property; all rents, issues and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service marks arising from or related to the Property and any business conducted thereon by Trustor; all replacements, additions, accessions and proceeds; and all books, records and files relating to any of the foregoing. All of the foregoing, together with the Property, is herein referred to as the "Security." To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever. FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (together, the "Secured Obligations"): A. Payment to Beneficiary of all sums at any time owing under or in connection with (i) the Note (defined in Section 1.6 below) until paid in full or cancelled, and (ii) any other amounts owing under the Loan Documents (defined in Section 1.5 below). Principal and other 863\57\3744892.3 3 payments are due and payable as provided in the Note or other Loan Documents, as applicable. The Note and all its terms are incorporated herein by reference, and this conveyance secures any and all extensions thereof, however evidenced; B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein; C. Performance of every obligation, covenant or agreement of Trustor contained herein and in the Loan Documents; and D. All modifications, extensions and renewals of any of the Secured Obligations (including without limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, in whole or in part), however evidenced, whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes. AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: ARTICLE 1 DEFINITIONS In addition to the terms defined elsewhere in this Deed of Trust, the following terms have the following meanings in this Deed of Trust: Section 1.1 The term "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. Section 1.2 The term "Intercreditor Agreement" means that certain Second Amended and Restated Intercreditor Agreement entered into by and among Trustor, Beneficiary, and the City of San Pablo dated of even date herewith and recorded concurrently herewith. Section 1.3 The term "Loan" means the loan made by Beneficiary to Trustor in the amount of Two Million Five Hundred Twenty Thousand Eight Hundred Forty-Six Dollars ($2,520,846). Section 1.4 The term "Loan Agreement" means that certain First Amended and Restated CDBG/HOME Loan Agreement between Giant Development, L.P., a California limited partnership and Beneficiary dated December 15, 2005, as assigned to Trustor pursuant to an Assignment, Assumption, and Consent Agreement of even date herewith, and as modified by a First Amendment to First Amended and Restated CDBG/HOME Loan Agreement executed by Trustor and Beneficiary of even date herewith, as such may be amended from time to time, providing for the Beneficiary to loan to Trustor the Loan. 863\57\3744892.3 4 Section 1.5 The term "Loan Documents" means this Deed of Trust, the Note, the Loan Agreement, the Regulatory Agreement, the Intercreditor Agreement, and any other agreements, debt, loan or security instruments between Trustor and Beneficiary relating to the Loan. Section 1.6 The term "Note" means the promissory note of even date herewith, evidencing Trustor's obligation to repay Beneficiary the Loan, executed by Trustor in favor of Beneficiary, as it may be amended or restated in the amount of the Loan, the payment of which is secured by this Deed of Trust. The terms and provisions of the Note are incorporated herein by reference. Section 1.7 The term "Principal" means the amounts required to be paid under the Note. Section 1.8 The term "Regulatory Agreement" means that certain Regulatory Agreement and Declaration of Restrictive Covenants by and between East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation and Beneficiary dated September 30, 2004, and recorded against the Property on September 30, 2004 as Instrument No. 2004-376348-00, as assigned pursuant to an Assignment and Assumption Agreement recorded December 22, 2005 as Instrument Number 12005-0490146-000, as assigned to Trustor pursuant to an Assignment, Assumption, and Consent Agreement of even date herewith, and as amended by a First Amendment to Regulatory Agreement by and between Trustor and Beneficiary, dated of even date herewith and recorded concurrently herewith. ARTICLE 2 MAINTENANCE AND MODIFICATION OF THE PROPERTY AND SECURITY Section 2.1 Maintenance and Modification of the Property by Trustor. The Trustor agrees that at all times prior to full payment and performance of the Secured Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the Security or cause the Security to be maintained and preserved in good condition. The Trustor will from time to time make or cause to be made all repairs, replacements and renewals deemed proper and necessary by it. The Beneficiary has no responsibility in any of these matters or for the making of improvements or additions to the Security. Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security or any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file for record any notices of completion or cessation of labor or any other notice that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the 863\57\3744892.3 5 Loan Documents; provided, however, that Beneficiary exercises its rights as agent of Trustor only in the event that Trustor fails to take, or fails to diligently continue to take, those actions as hereinbefore provided. Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or claims as Beneficiary specifies upon laborers, materialmen, subcontractors or other persons who have furnished or claim to have furnished labor, services or materials in connection with the Security. Nothing herein contained requires Trustor to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting provided that Trustor shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the Recorder of Contra Costa County, a surety bond in an amount 1 and 1/2 times the amount of such claim item to protect against a claim of lien. Section 2.2 Granting of Easements. Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in the nature of easements with respect to any property or rights included in the Security except those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law, and as approved, in writing, by Beneficiary. Section 2.3 Assignment of Rents. As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of the Property including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable, subject to the rights of senior lenders that are approved by the Beneficiary pursuant to the Loan Agreement. Trustor hereby authorizes Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Beneficiary or Beneficiary's agents; provided, however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to apply the rents and revenues so collected to the Secured Obligations with the balance, so long as no such breach has occurred and is continuing, to the account of Trustor, it being intended by Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Upon delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, and without the necessity of Beneficiary entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall immediately be entitled to possession of all rents and revenues of the Property as specified in this Section 2.3 as the same becomes due and payable, including but not limited to, rents then due and unpaid, and all such rents will immediately upon delivery of such notice be held by Trustor as trustee for the benefit of Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the breach by Trustor contains a statement that Beneficiary exercises its rights to such rents. Trustor agrees that commencing upon delivery of such written notice of Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents 863\57\3744892.3 6 payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the part of said tenant to inquire further as to the existence of a default by Trustor. Trustor hereby covenants that Trustor has not executed any prior assignment of said rents, other than as security to lenders approved by Beneficiary pursuant to the Loan Agreement, that Trustor has not performed, and will not perform, any acts or has not executed and will not execute, any instrument which would prevent Beneficiary from exercising its rights under this Section 2.3, and that at the time of execution of this Deed of Trust, there has been no anticipation or prepayment of any of the rents of the Property for more than two (2) months prior to the due dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept payment of any rents of the Property more than two (2) months prior to the due dates of such rents. Trustor further covenants that, so long as the Secured Obligations are outstanding, Trustor will execute and deliver to Beneficiary such further assignments of rents and revenues of the Property as Beneficiary may from time to time request. Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents, Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Beneficiary's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all on such terms as are deemed best to protect the security of this Deed of Trust. In the event Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to the appointment of such receiver. Beneficiary or the receiver will be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents are to be applied first to the costs, if any, of taking control of and managing the Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this deed of Trust. Beneficiary or the receiver is to have access to the books and records used in the operation and maintenance of the Property and will be liable to account only for those rents actually received. Beneficiary is not liable to Trustor, anyone claiming under or through Trustor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary under this Section 2.3. If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Beneficiary for such purposes will become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless Beneficiary and Trustor agree in writing to other terms of payment, such amounts are payable by 863\57\3744892.3 7 Trustor to Beneficiary upon notice from Beneficiary to Trustor requesting payment thereof and will bear interest from the date of disbursement at the rate stated in Section 3.3. If the Beneficiary or the receiver enters upon and takes and maintains control of the Property, neither that act nor any application of rents as provided herein will cure or waive any default under this Deed of Trust or invalidate any other right or remedy available to Beneficiary under applicable law or under this Deed of Trust. This assignment of rents of the Property will terminate at such time as this Deed of Trust ceases to secure the Secured Obligations. ARTICLE 3 TAXES AND INSURANCE; ADVANCES Section 3.1 Taxes, Other Governmental Charges and Utility Charges. Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company that are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor is not required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof is promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section 3.1. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges can be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section 3.1 may not be construed to require that Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges and levies. In the event that Trustor fails to pay any of the items required by this Section to be paid by Trustor, Beneficiary may (but is under no obligation to) pay the same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, will become part of the Secured Obligations secured hereby, and Trustor agrees to pay all such amounts. Section 3.2 Provisions Respecting Insurance. Trustor agrees to provide insurance conforming in all respects to that required under the Loan Documents during the course of construction and following completion, and at all times until all amounts secured by this Deed of Trust have been paid, all Secured Obligations secured hereunder have been fulfilled, and this Deed of Trust has been reconveyed. All such insurance policies and coverages are to be maintained at Trustor's sole cost and expense. Certificates of insurance for all of the above insurance policies, showing the same to be 863\57\3744892.3 8 in full force and effect, are to be delivered to the Beneficiary upon demand therefor at any time prior to Trustor's satisfaction of the Secured Obligations. Section 3.3 Advances. In the event the Trustor fails to maintain the full insurance coverage required by this Deed of Trust or fails to keep the Security in accordance with the Loan Documents, the Beneficiary, after at least seven (7) days prior notice to Trustor, may (but is under no obligation to) (i) take out the required policies of insurance and pay the premiums on the same, and (ii) make any repairs or replacements that are necessary and provide for payment thereof. All amounts so advanced by the Beneficiary will become part of the Secured Obligations (together with interest as set forth below) and will be secured hereby, which amounts the Trustor agrees to pay on the demand of the Beneficiary, and if not so paid, will bear interest from the date of the advance at the Default Rate. ARTICLE 4 DAMAGE, DESTRUCTION OR CONDEMNATION Section 4.1 Awards and Damages. Subject to the rights of senior lenders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (1) the taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (2) any damage to or destruction of the Property or any part thereof by insured casualty, and (3) any other injury or damage to all or any part of the Property (collectively, the "Funds") are hereby assigned to and are to be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any Funds and is authorized to apply them in whole or in part to any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary determines at its sole option, subject to the provisions of Section 4.9 of the Loan Agreement regarding restoration of improvements following damage or destruction. The Beneficiary is entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. Application of all or any part of the Funds collected and received by the Beneficiary or the release thereof will not cure or waive any default under this Deed of Trust. ARTICLE 5 AGREEMENTS AFFECTING THE PROPERTY; FURTHER ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST Section 5.1 Other Agreements Affecting Property. Trustor shall duly and punctually perform all terms, covenants, conditions and agreements binding upon it under the Loan Documents and any other agreement of any nature whatsoever now or hereafter involving or affecting the Security or any part thereof. 863\57\3744892.3 9 Section 5.2 Agreement to Pay Attorneys' Fees and Expenses. In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the Beneficiary employs attorneys or incurs other expenses for the collection of amounts due hereunder or the enforcement of performance or observance of an obligation or agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Beneficiary. Any such amounts paid by the Beneficiary will be added to the Secured Obligations, and will bear interest from the date such expenses are incurred at the Default Rate. Section 5.3 Payment of the Principal. The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth in the Note in the amounts and by the times set out therein. Section 5.4 Personal Property. To the maximum extent permitted by law, the personal property subject to this Deed of Trust is deemed to be fixtures and part of the real property and this Deed of Trust constitutes a fixtures filing under the California Commercial Code. As to any personal property not deemed or permitted to be fixtures, this Deed of Trust constitutes a security agreement under the California Commercial Code. Section 5.5 Financing Statement. The Trustor shall execute and deliver to the Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to the Beneficiary a valid perfected security interest in the Security. The Trustor shall perform all acts that the Beneficiary reasonably requests so as to enable the Beneficiary to maintain a valid perfected security interest in the Security in order to secure the payment of the Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such financing statement in any jurisdiction(s) as it deems appropriate from time to time in order to protect the security interest established pursuant to this instrument. Section 5.6 Operation of the Security. The Trustor shall operate the Security (and, in case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Loan Documents. Section 5.7 Inspection of the Security. At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, may inspect the Security, without payment of charges or fees. 863\57\3744892.3 10 Section 5.8 Nondiscrimination. The Trustor herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there will be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor will the Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants run with the land. ARTICLE 6 HAZARDOUS WASTE Trustor shall keep and maintain the Property (including, but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law including but not limited to the provisions of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith. 863\57\3744892.3 11 Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to Beneficiary (or counsel of its own choice if a conflict exists with Trustor) in, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall indemnify and hold harmless Beneficiary and its boardmembers, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, and Section 5.1(l) of the Loan Agreement. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the 863\57\3744892.3 12 reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and the Trustor knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the Beneficiary upon its demand made at any time following the conclusion of such action. ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES Section 7.1 Events of Default. The following are events of default following the expiration of any applicable notice and cure periods (each an "Event of Default"): (i) failure to make any payment to be paid by Trustor under the Loan Documents; (ii) failure to observe or perform any of Trustor's other covenants, agreements or obligations under the Loan Documents, including, without limitation, the provisions concerning discrimination; (iii) failure to make any payment or observe or perform 863\57\3744892.3 13 any of Trustor's other covenants, agreements, or obligations under any Secured Obligations, which default is not cured within the times and in the manner provided therein; and (iv) failure to make any payments or observe or perform any of Trustor's other covenants, agreements or obligations under any other debt instrument or regulatory agreement secured by the Property, which default is not cured within the time and in the manner provided therein. Section 7.2 Acceleration of Maturity. If an Event of Default has occurred and is continuing, then at the option of the Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured Obligations are immediately due and payable, and no omission on the part of the Beneficiary to exercise such option when entitled to do so may be construed as a waiver of such right. Section 7.3 The Beneficiary's Right to Enter and Take Possession. If an Event of Default has occurred and is continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations. Section 7.4 Foreclosure By Power of Sale. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with Trustee this Deed of Trust which is secured hereby (and the deposit of which will be deemed to constitute evidence that the Secured Obligations are immediately due and payable), and such 863\57\3744892.3 14 receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require. (a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Sale as is then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of that amount of time as is then required by law and after recordation of such Notice of Sale as required by law, sell the Security, at the time and place of sale set forth in the Notice of Sale, whether as a whole or in separate lots or parcels or items, as Trustee deems expedient and in such order as it determines, unless specified otherwise by the Trustor according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts will be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale. (b) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured hereby; and (iv) the remainder, if any, to Trustor. (c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale. Section 7.5 Receiver. If an Event of Default occurs and is continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under the Security, and without regard to the then value of the Security or the interest of Trustor therein, may apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor. Any such receiver or receivers will have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and will continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated. Section 7.6 Remedies Cumulative. No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy will be cumulative and concurrent and will be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity. 863\57\3744892.3 15 Section 7.7 No Waiver. (a) No delay or omission of the Beneficiary to exercise any right, power or remedy accruing upon any Event of Default will exhaust or impair any such right, power or remedy, and may not be construed to be a waiver of any such Event of Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised from time to time and as often as may be deemed expeditious by the Beneficiary. Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor hereunder will not be deemed or construed to be a consent to any subsequent breach, or further waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, will not constitute a waiver by the Beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by the Trustor. (b) If the Beneficiary (i) grants forbearance or an extension of time for the payment or performance of any Secured Obligation, (ii) takes other or additional security or the payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or consents to any agreement subordinating the lien hereof, any such act or omission will not release, discharge, modify, change or affect the original liability under this Deed of Trust, or any other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor will any such act or omission preclude the Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in any Event of Default then made or of any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Beneficiary, will the lien of this Deed of Trust be altered thereby. Section 7.8 Suits to Protect the Security. The Beneficiary has the power to (a) institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of the Beneficiary. Section 7.9 Trustee May File Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by law, will be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of the Beneficiary 863\57\3744892.3 16 allowed in such proceedings and for any additional amount that becomes due and payable by the Trustor hereunder after such date. Section 7.10 Waiver. The Trustor waives presentment, demand for payment, notice of dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in taking any action to collect any Secured Obligations or in proceedings against the Security, in connection with the delivery, acceptance, performance, default, endorsement or guaranty of this Deed of Trust. ARTICLE 8 MISCELLANEOUS Section 8.1 Amendments. This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor. Section 8.2 Reconveyance by Trustee. Upon written request of Beneficiary stating that all Secured Obligations have been paid or forgiven, and all obligations under the Loan Documents have been performed in full, and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto. Section 8.3 Notices. If at any time after the execution of this Deed of Trust it becomes necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication must be in writing and is to be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (1) if intended for Beneficiary is to be addressed to: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Assistant Deputy Director 863\57\3744892.3 17 and (2) if intended for Trustor is to be addressed to: Giant Development II, LP c/o East Bay Asian Local Development Corporation 1825 San Pablo Avenue, Suite 200 Oakland, CA 94612 Attention: Chief Executive Officer With a copy to: Wincopin Circle LLLP c/o Enterprise Community Asset Management, Inc. 70 Corporate Center 11000 Broken Land Parkway, Suite 700 Columbia, Maryland 21044 Attn: Asset Management Any notice, demand or communication will be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective. Section 8.4 Successors and Joint Trustors. Where an obligation created herein is binding upon Trustor, the obligation also applies to and binds any transferee or successors in interest. Where the terms of the Deed of Trust have the effect of creating an obligation of the Trustor and a transferee, such obligation will be deemed to be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor will be deemed to be a joint and several obligation of each and every entity and person comprising Trustor. Section 8.5 Captions. The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a part of this Deed of Trust. Section 8.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity will not affect the balance of the terms and provisions hereof, which terms and provisions will remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, will be considered to have been first 863\57\3744892.3 18 paid or applied to the full payment of that portion of the debt that is not secured or partially secured by the lien of this Deed of Trust. Section 8.7 Governing Law. This Deed of Trust is governed by the laws of the State of California. Section 8.8 Gender and Number. In this Deed of Trust the singular includes the plural and the masculine includes the feminine and neuter and vice versa, if the context so requires. Section 8.9 Deed of Trust, Mortgage. Any reference in this Deed of Trust to a mortgage also refers to a deed of trust and any reference to a deed of trust also refers to a mortgage. Section 8.10 Actions. Trustor shall appear in and defend any action or proceeding purporting to affect the Security. Section 8.11 Substitution of Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter will be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution is to be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, will be conclusive proof of proper appointment of the successor trustee. Section 8.12 Statute of Limitations. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by law. Section 8.13 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law, the Trustee is not obligated to notify any party hereto of a pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee is a party unless brought by Trustee. Section 8.14 Tax Credit Provisions. Notwithstanding anything to the contrary contained herein or in any documents secured by this Deed of Trust or contained in any subordination agreement, and to the extent applicable, 863\57\3744892.3 19 the Beneficiary acknowledges and agrees that in the event of a foreclosure or deed-in-lieu of foreclosure (collectively, "Foreclosure") with respect to the Security encumbered by this Deed of Trust, the following rule contained in 26 U.S.C. Section 42(h)(6)(E)(ii), as amended, applies: For a period of three (3) years from the date of Foreclosure, with respect to an existing tenant of any low-income unit, (i) such tenant may not be subject to eviction or termination of their tenancy (other than for good cause), (ii) nor may such tenant's gross rent with respect to such unit be increased, except as otherwise permitted under Section 42 of the Internal Revenue Code. [signature on following page] Signature page County Deed of Trust 863\57\3744892.3 20 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. TRUSTOR: GIANT DEVELOPMENT II, LP, a California limited partnership By: Giant Development II, LLC, a California limited liability company, its general partner By: East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation its manager By:__________________________________ Capri Roth, EVP of Real Estate Development 863\57\3744892.3 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public 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. A-1 863\57\3744892.3 EXHIBIT A LEGAL DESCRIPTION Real Property situated in the County of Contra Costa, City of San Pablo, State of California, and described as follows: PARCEL ONE: All that real property being a portion of Parcel A as shown on the Parcel Map M.S. No. 777 -86, filed April 7,1986 in Book 122 of Parcel Maps at Page 7, located in the City of San Pablo, County of Contra Costa, State of California, more particularly described as follows: Beginning at the Northwest corner of said Parcel A, said point being on the Easterly boundary of the road right of way known as Giant Road (County Road No. 21); thence along said Easterly boundary of Giant Road, South 12° 25' 00" West a distance of 363.51 feet; Thence South 77° 35' 00" East a distance of 314.00 feet; Thence North 12° 25' 00" East a distance of 273.74 feet; Thence South 77° 35' 00" East a distance of 26.00 feet; Thence North 12° 25' 00" East a distance of 89.77 feet; Thence North 77° 35' 00" West a distance of 340.00 feet; to the point of beginning. Also being Lot 1, as shown on the Lot Line Adjustment Plat attached to that certain "Certificate of Compliance for Lot Line Adjustment LLA 04-35" recorded August 5, 2004 as instrument No. 2004-302583 of Official Records which was corrected in the Correction Deed recorded September 14, 2004 as Instrument No. 2004- 353917 of Official Records. PARCEL TWO: Non-exclusive easements for access, drainage and utilities, created as an appurtenance to Parcel One above in the "Easement and Maintenance Agreement" executed by and between Pulte Home Corporation, a Michigan Corporation and Giant Development L.P., a California limited partnership recorded April 14, 2006 as Instrument No. 2006-116461, Official Records, over, under and upon the following described land: Being a portion of Lot "J" as said Lot is shown on that certain Map entitled "Subdivision No. 8921, for Condominium purposes, Devon Square in the City of San Pablo", filed February 1, 2006 in Book 487 of Maps at Pages 7 to 10, inclusive, of Official Records of Contra Costa County, more particularly described as follows: Beginning at a point on the mostly Westerly line of said Subdivision No. 8921, being the Southerly terminus of the line shown as "North 12° 25' 00" East, 273.74" on the last said Map; Thence from said point of beginning, along the last said mostly Westerly line, North 12° 25' 00" East, 273.74 feet to a point on the Northerly line of the last said Subdivision; Thence along the last said Northerly line, South 77° 35' 00" East, 24.00 feet; Thence leaving the last said Northerly line, along the mostly Easterly line of said Lot J and its Northerly production, South 12° 25' 00" West, 127.75 feet to a tangent curve, concave to the Northeast, having a radius of 10.00 feet and a central angle of 90° 00' 00"; A-2 863\57\3744892.3 Thence Southerly, Southeasterly and Easterly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 0.50 feet; Thence leaving the last said mostly Easterly line of said Lot J, South 12° 25' 00" West, 23.00 feet to a point on the last said mostly Easterly line of said Lot J; Thence along the mostly Easterly line of said Lot J; Thence along the mostly Easterly line of said Lot J, South 12° 25' 00" West, 0.50 feet to a point on a nontangent curve concave to the Southeast having a radial which bears North 12° 25' 00" East, a radius of 10.00 feet and a central angle of 90° 00' 00"; Thence Westerly, Southwesterly and Southerly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 88.98 feet to a tangent curve, concave to the Northeast, having a radius of 10.00 feet and a central angle of 90° 00' 00"; Thence Southerly, Southeasterly and Easterly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 0.50 feet; Thence leaving the last said mostly Easterly line of said Lot J, South 12° 25' 00" West, 2.85 feet to a point on the mostly Northerly line of the right of way of Lake Street as said street is shown on the last said Subdivision No. 8921 and being also a non-tangent curve, concave to the South, having a radial which bears North 21° 45' 12" East, a radius of 25.25 feet and a central angle of 9° 29' 12; Thence Westerly along the arc of said curve, 4.28 feet; Thence continuing along the last said right of way of Lake Street, North 77° 35' 00" West, 29.74 feet to the point of beginning. APN: 412-060-005-3 863\57\3744597.2 1 PROMISSORY NOTE (HOME & CDBG Loan) $2,520,846 Martinez, California July 25, 2024 FOR VALUE RECEIVED, the undersigned Giant Development II, LP, a California limited partnership ("Borrower") hereby promises to pay to the order of the County of Contra Costa, a political subdivision of the State of California ("Holder"), the principal amount of Two Million Five Hundred Twenty Thousand Eight Hundred Forty-Six Dollars ($2,520,846) (the "Loan") plus interest thereon pursuant to Section 2 below. This promissory note ("Note") replaces in their entirety the following promissory notes: (i) the promissory note dated September 30, 2004 executed by East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation for the benefit of Holder, evidencing the obligation to pay Six Hundred Thousand Dollars ($600,000) of HOME Funds and Six Hundred Thousand Dollars ($600,000) of CDBG Funds, which obligation was assumed by the Prior Partnership in September 2004; and (ii) the promissory note dated December 15, 2005 executed by the Prior Partnership for the benefit of Holder, evidencing the obligation to pay Five Hundred Thousand Dollars ($500,000) of HOME Funds (collectively, the "Original Notes"). All disbursements under the Original Notes will be deemed to be disbursed under this Note. Upon execution of this Note by Borrower, the Original Notes will automatically terminate and will be returned to the Prior Partnership by the Holder. All capitalized terms used but not defined in this Note have the meanings set forth in the First Amended and Restated CDBG/HOME Loan Agreement between the Prior Partnership and Holder dated December 15, 2005, as assigned to Borrower pursuant to an Assignment, Assumption, and Consent Agreement of even date herewith, and as modified by a First Amendment to First Amended and Restated CDBG/HOME Loan Agreement between Borrower and Holder of even date herewith (the "Loan Agreement"). 1. Borrower's Obligation. This Note evidences Borrower's obligation to repay Holder the principal amount of Two Million Five Hundred Twenty Thousand Eight Hundred Forty-Six Dollars ($2,520,846) with interest for the funds loaned to Borrower by Holder pursuant to the Loan Agreement. 2. Interest. (a) Subject to the provisions of Subsection (b) below, the Loan bears interest from the date of this Note at 4.61% compounding annually, until full repayment of the outstanding balance of the Loan. It is the intent that the interest rate stated in this Section 2(a) is the Applicable Federal Rate applicable to long-term loans with annual compounding, as calculated in accordance with Internal Revenue Code Section 1274(d) as of the date of this Note. (b) If a Default occurs, interest will accrue on all amounts due under this Note at the lesser of the maximum rate permitted by law and ten percent (10%) per annum until the Default is cured by Borrower or waived by Holder. 863\57\3744597.2 2 3. Term and Repayment Requirements. Principal and interest under this Note is due and payable as set forth in Section 2.7 of the Loan Agreement. The unpaid principal balance hereunder, together with accrued interest thereon, is due and payable no later than the date that is the fifty-seventh (57th) anniversary of the date of this Note. 4. No Assumption. This Note is not assumable by the successors and assigns of Borrower without the prior written consent of Holder, except as provided in the Loan Agreement. 5. Security. This Note, with interest, is secured by the Deed of Trust. Upon execution, the Deed of Trust will be recorded in the official records of Contra Costa County, California. Upon recordation of the Deed of Trust, this Note will become nonrecourse to Borrower, pursuant to and except as provided in Section 2.8 of the Loan Agreement, which Section 2.8 is hereby incorporated into this Note. The terms of the Deed of Trust are hereby incorporated into this Note and made a part hereof. 6. Terms of Payment. (a) Borrower shall make all payments due under this Note in currency of the United States of America to Holder at Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553, Attention: Assistant Deputy Director, or to such other place as Holder may from time to time designate. (b) All payments on this Note are without expense to Holder. Borrower shall pay all costs and expenses, including re-conveyance fees and reasonable attorney's fees of Holder, incurred in connection with the enforcement of this Note and the release of any security hereof. (c) Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of any sums by Borrower pursuant to the terms of this Note would result in the payment of interest that exceeds the amount that Holder may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate will automatically be deducted from the principal balance owing on this Note, so that in no event is Borrower obligated under the terms of this Note to pay any interest that would exceed the lawful rate. (d) The obligations of Borrower under this Note are absolute, and Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever. 7. Default; Acceleration. (a) Upon the occurrence of a Default, the entire unpaid principal balance, together with all interest thereon, and together with all other sums then payable under this Note and the Deed of Trust will, at the option of Holder, become immediately due and payable without further demand. 863\57\3744597.2 3 (b) Holder's failure to exercise the remedy set forth in Subsection 7(a) above or any other remedy provided by law upon the occurrence of a Default does not constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other Default. The acceptance by Holder of any payment that is less than the total of all amounts due and payable at the time of such payment does not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Holder, except as and to the extent otherwise provided by law. 8. Waivers. (a) Borrower hereby waives diligence, presentment, protest and demand, and notice of protest, notice of demand, notice of dishonor and notice of non-payment of this Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Holder may accept further security or release any security for this Note, all without in any way affecting the liability of Borrower. (b) Any extension of time for payment of this Note or any installment hereof made by agreement of Holder with any person now or hereafter liable for payment of this Note must not operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part. 9. Miscellaneous Provisions. (a) All notices to Holder or Borrower are to be given in the manner and at the addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower may therein designate. (b) Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note, regardless of whether suit is filed to seek enforcement. (c) This Note is governed by the laws of the State of California. (d) The times for the performance of any obligations hereunder are to be strictly construed, time being of the essence. (e) The Loan Documents, of which this Note is a part, contain the entire agreement between the parties as to the Loan. This Note may not be modified except upon the written consent of the parties. signature on following page Signature page HOME & CDBG Note 863\57\3744597.2 4 IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. GIANT DEVELOPMENT II, LP, a California limited partnership By: Giant Development II, LLC, a California limited liability company, its general partner By: East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation its manager By:__________________________________ Capri Roth, EVP of Real Estate Development 863\57\3744905.3 1 RECORDING REQUESTED PURSUANT AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Assistant Deputy Director No fee for recording pursuant to Government Code Section 27383 and 27388.1 __________________________________________________________________________ SECOND AMENDED AND RESTATED INTERCREDITOR AGREEMENT (Giant Road) This Second Amended and Restated Intercreditor Agreement (the "Agreement") is dated July 25, 2024, and is among the City of San Pablo, a municipal corporation (the "City"), the County of Contra Costa, a political subdivision of the State of California (the "County"), and Giant Development II, LP, a California limited partnership ("Borrower"), with reference to the following facts: RECITALS A. Defined terms used but not defined in these recitals are as defined in Section 1 of this Agreement. B. Borrower is acquiring from Giant Development, L.P., a California limited partnership (the "Prior Partnership") that certain real property located at 2832 Giant Road, in the City of San Pablo, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). The Property is improved with an eighty-six (86) unit affordable housing development, 84 of which are for rental to extremely low, very low and low income households, and two manager's units (the "Development"). The Development, as well as all landscaping, roads, and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". C. The County previously provided the Prior Partnership the following loans: (i) a loan in the amount of One Million Two Hundred Thousand Dollars ($1,200,000), funded with Six Hundred Thousand Dollars ($600,000) of HOME Funds and Six Hundred Thousand Dollars ($600,000) of CDBG Funds, and (ii) a loan in the amount of Five Hundred Thousand Dollars ($500,000) of HOME Funds, (collectively, the "County Original Loans.") D. In support of the rehabilitation of the Improvements, the County has agreed to consent to the assignment of the County Original Loans to Borrower and restructure the County Original Loans such that the principal amount is Two Million Five Hundred Twenty Thousand 863\57\3744905.3 2 Eight Hundred Forty-Six Dollars ($2,520,846) which amount represents the original principal amount of the County Original Loans, plus interest accrued on the County Original Loans as of the date of this Agreement (the "Restructured County Loan"). E. The Restructured County Loan is evidenced by the following documents (among others): (i) a First Amended and Restated CDBG/HOME Loan Agreement between the Prior Partnership and the County dated December 15, 2005, as assigned to Borrower pursuant to an Assignment, Assumption, and Consent Agreement of even date herewith, and as modified by a First Amendment to First Amended and Restated CDBG/HOME Loan Agreement executed by Borrower and the County of even date herewith (the "County Loan Agreement"); (ii) a Promissory Note dated of even date herewith, executed by Borrower for the benefit of the County in the amount of the Restructured County Loan ( the "County Note"); and (iii) a Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing dated of even date herewith among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, recorded against the Property concurrently herewith (the "County Deed of Trust"). F. The City previously provided the Prior Partnership the following loans: (i) a loan in the amount of Five Hundred Thousand Dollars ($500,000), and (ii) a loan in the amount of One Million Two Hundred Thousand Dollars ($1,200,000), collectively, the "City Original Loans." G. In support of the rehabilitation of the Improvements, the City has agreed to consent to the assignment of the City Original Loans to Borrower and restructure the City Original Loans; the sum of One Million Five Hundred Forty-Nine Thousand Dollars ($1,549,164) represents the current principal balance of the City Original Loans as of the date of this Agreement (the "Restructured City Loan"). H. The Restructured City Loan is evidenced by the following documents (among others): (i) that certain Promissory Note executed by Borrower for the benefit of the City in the amount of the Restructured City Loan ( the "City Note"); and (iii) that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing among Borrower, as trustor, Old Republic Title Company, as trustee, and the City, as beneficiary, recorded against the Property concurrently herewith (the "City Deed of Trust"). I. East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation ("EBALDC"), the City and the County previously entered into an Intercreditor Agreement dated as of September 30, 2004, and recorded against the Property on September 30, 2004 as Instrument No. 2004- 376351, as amended by that certain First Amendment to Intercreditor Agreement dated as of August 15, 2005, and recorded on August 18, 2005, as Instrument No. 2005-0311384-00, and as assigned to the Prior Partnership pursuant to an Assignment and Assumption Agreement recorded December 22, 2005 as Instrument Number 12005-0490146-000, and as amended and restated by an Amended and Restated Intercreditor Agreement recorded on September 11, 2009, as Instrument Number 2009-0216915-00 (the "Original Intercreditor Agreement"). This Agreement amends and restates in its entirety the Original Intercreditor Agreement. 863\57\3744905.3 3 J. The City and the County desire to cause the City Deed of Trust and the County Deed of Trust (together, the "Deeds of Trust") to be equal in lien priority. The City and the County also desire to divide (i) the proceeds of any foreclosure, condemnation or insurance claim, and (ii) the Lenders' Share of Residual Receipts and the Local Lenders' Share of Residual Receipts, as described herein. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. Definitions. The following terms have the following meanings: (a) "Annual City Loan Payment" has the meaning in Section 2(b)(iii). (b) "Annual County Loan Payment" has the meaning in Section 2(a)(iii). (c) "Annual Operating Expenses" means for each calendar year, the following costs reasonably and actually incurred for operation and maintenance of the Development: i. property taxes and assessments imposed on the Development; ii. debt service currently due on a non-optional basis (excluding debt service due from residual receipts or surplus cash of the Development) on the Bank Construction Loan or Bank Permanent Loan; iii. on-site service provider fees for tenant social services, provided the County and City have approved, in writing, the plan and budget for such services before such services begin; iv. fees paid to the Issuer; v. payment to HCD of a portion of the accrued interest on the HCD LPR Loan pursuant to California Code of Regulations, Title 25, Section 7308; vi. property management fees and reimbursements, on–site property management office expenses, and salaries of property management and maintenance personnel, not to exceed amounts that are standard in the industry and which are pursuant to a management contract approved by the County and the City; vii. the Partnership/Asset Fee; viii. fees for accounting, audit, and legal services incurred by Borrower's general partner in the asset management of the Development, not to exceed amounts that are standard in the industry, to the extent such fees are not included in the Partnership/Asset Fee; ix. premiums for insurance required for the Improvements to satisfy the requirements of any lender of Approved Financing; 863\57\3744905.3 4 x. utility services not paid for directly by tenants, including water, sewer, and trash collection; xi. maintenance and repair expenses and services; xii. any annual license or certificate of occupancy fees required for operation of the Development; xiii. security services; xiv. advertising and marketing; xv. cash deposited into the replacement reserve account annually in the amount of Five Hundred Dollars ($500) per unit; xvi. cash deposited into the operating reserve account to maintain the amount of six months of Operating Expenses (excluding amounts deposited to initially capitalize the account); xvii. payment of any previously unpaid portion of Priority Portion of Developer Fee (without interest); xviii. extraordinary operating costs specifically approved in writing by the County and the City; and xix. payments of deductibles in connection with casualty insurance claims not normally paid from reserves, the amount of uninsured losses actually replaced, repaired or restored, and not normally paid from reserves, and other ordinary and reasonable operating expenses approved in writing by the County and the City and not listed above. Annual Operating Expenses do not include the following: depreciation, amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve account, any amount expended from a reserve account, and any capital cost associated with the Development. (d) "Approved Financing" means all of the following loans, grants, equity, and operating subsidy obtained by Borrower and approved by the County and the City for the purpose of financing the acquisition of the Property and the rehabilitation of the Improvements in addition to the Restructured County Loan and the Restructured City Loan: i. Multi-family housing revenue tax-exempt note in the approximate amount of Thirty-Three Million Five Hundred Fifty-Three Thousand One Hundred Eleven Dollars ($33,553,111) issued by the California Municipal Finance Authority (the "Issuer") and loaned to Borrower by the Bank (the "Bank Construction Loan") which will convert to a permanent loan in the approximate amount of Six Million Seventeen Thousand Dollars ($6,017,000) (the "Bank Permanent Loan"); ii. An assumed and restructured loan from the California Department of Housing and Community Development ("HCD") in the approximate amount of Eight Million 863\57\3744905.3 5 Four Hundred Sixty-Three Thousand Five Hundred Two Dollars ($8,463,502) (the "HCD LPR Loan"); iii. A seller carry-back loan from the Prior Partnership in the approximate amount of Eleven Million Five Hundred Fifty-Eight Thousand Two Hundred Forty- Three Dollars ($11,558,243) (the "Seller Loan"); iv. A loan from EBALDC in the approximate amount of Six Million Seven Hundred Thousand Dollars ($6,700,000) (the "Sponsor Loan"); v. Low Income Housing Tax Credit investor equity funds in the approximate amount of Twenty-Five Million Nine Hundred Eight Thousand Three Hundred Eight-Nine Dollars ($25,908,389) provided by the Investor Limited Partner; and vi. capital contribution from Borrower's general partner in the approximate amount of Two Million One Hundred Sixty-Six Thousand Three Hundred Seventy- Nine Dollar ($2,166,379) comprised of $500,000 in reserves, $1,666,279 in Community Project Funding, and $100 in general partner funds. (e) "Bank" means Silicon Valley Bank, a Division of First-Citizens Bank & Trust Company, and its successors and assigns. (f) "Bank Construction Loan" has the meaning set forth in Section 1.1(d)(i). (g) "Bank Permanent Loan" has the meaning set forth in Section 1.1(d)(i). (h) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (i) "Borrower's Share of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. (j) "Cash Developer Fee" means the Two Million Dollar ($2,000,000) portion of Developer Fee paid from development sources prior to Permanent Conversion. (k) "CDBG Funds" means Community Development Block Grant Program funds received by the County from HUD under Title I of the Housing and Community Development Act of 1974 (42 USC 5301, et seq.), as amended. (l) "City" has the meaning set forth in the first paragraph of this Agreement. (m) "City Additional Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the Restructured City Loan by the sum of the Restructured County Loan and the Restructured City Loan. (n) "City Deed of Trust" has the meaning set forth in Paragraph H of the Recitals. 863\57\3744905.3 6 (o) "City Loan Agreement" has the meaning set forth in Paragraph H of the Recitals. (p) "City Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the Restructured City Loan by the sum of (i) the Restructured County Loan, (ii) the Restructured City Loan, and (iii) the HCD LPR Loan. (q) "City Note" has the meaning set forth in Paragraph H of the Recitals. (r) "City Original Loans" has the meaning set forth in Paragraph F of the Recitals. (s) "County" has the meaning set forth in the first paragraph of this Agreement. (t) "County Additional Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the Restructured County Loan by the sum of the Restructured County Loan and the Restructured City Loan. (u) "County Deed of Trust" has the meaning set forth in Paragraph E of the Recitals. (v) "County Loan Agreement" has the meaning set forth in Paragraph E of the Recitals. (w) "County Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the Restructured County Loan by the sum of (i) the Restructured County Loan, (ii) the Restructured City Loan, and (iii) the HCD LPR Loan. (x) "County Note" has the meaning set forth in Paragraph E of the Recitals. (y) "County Original Loans" has the meaning set forth in Paragraph C of the Recitals. (z) "Deeds of Trust" has the meaning set forth in Paragraph J of the Recitals. (aa) "Default Rate" means a rate of interest equal to the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (bb) "Deferred Portion of Developer Fee" means that portion of the Developer Fee remaining after payment of the Cash Developer Fee and the Priority Portion of Developer Fee, which amount may not exceed Two Million Two Hundred Twenty-Six Thousand Nine Hundred Seventeen Dollar ($2,226,917). (cc) "Developer Fee" means the maximum cumulative fee that may be paid to any entity or entities providing development services to the Development, whether paid up front out of development sources or on a deferred basis, not to exceed Four Million Seven Hundred Twenty-Six Thousand Nine Hundred Seventeen Dollars ($4,726,917). 863\57\3744905.3 7 (dd) "Development" has the meaning set forth in Paragraph B of the Recitals. (ee) "EBALDC" has the meaning set forth in Paragraph I of the Recitals. (ff) "Enforcing Party" has the meaning set forth in Section 6(b). (gg) "Fifteen Year Compliance Period" means the fifteen (15) year compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. (hh) "Foreclosure Net Proceeds" means the proceeds that result from a foreclosure, or any other action, whether judicial or non-judicial, less (i) all amounts paid to any senior lien holder, and (ii) expenses incurred by a lender that is a party to this Agreement in connection with such foreclosure or other action. (ii) "Gross Revenue" means for each calendar year, all revenue, income, receipts, and other consideration actually received from the operation and leasing of the Development. Gross Revenue includes, but is not limited to: i. all rents, fees and charges paid by tenants; ii. Section 8 payments and other rental or operating subsidy payments received for the dwelling units; iii. deposits forfeited by tenants; iv. all cancellation fees; v. price index adjustments and any other rental adjustments to leases or rental agreements; vi. net proceeds from vending and laundry room machines; vii. the proceeds of business interruption or similar insurance not paid to senior lenders; viii. the proceeds of casualty insurance not used to rebuild the Development and not paid to senior lenders; and ix. condemnation awards for a taking of part or all of the Development for a temporary period. Gross Revenue does not include tenants' security deposits, loan proceeds, unexpended amounts (including interest) in any reserve account, required deposits to reserve accounts, capital contributions or similar advances. (jj) "HCD" has the meaning set forth in Section 1(d)(ii). (kk) "HCD LPR Loan" has the meaning set forth in Section 1.1(d)(ii). 863\57\3744905.3 8 (ll) "HOME Funds" means Home Investment Partnerships Act funds received by the County from HUD pursuant to the Cranston-Gonzales National Housing Act of 1990. (mm) "HUD" means the United States Department of Housing and Urban Development. (nn) "Improvements" has the meaning set forth in Paragraph B of the Recitals. (oo) "Investor Limited Partner" means Wincopin Circle LLLP, and its permitted successors and assigns. (pp) "Issuer" has the meaning set forth in Section 1.1(d)(i). (qq) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (rr) "Local Lenders'" means the County and the City. (ss) "Local Lenders' Share of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. (tt) "Original Intercreditor Agreement" has the meaning set forth in Paragraph I of the Recitals. (uu) "Partnership Agreement" means the agreement between Borrower's general partner and the Investor Limited Partner that governs the operation and organization of Borrower as a California limited partnership. (vv) "Partnership/Asset Fee" means: (i) partnership management fees (including any asset management fees) payable pursuant to the Partnership Agreement to any partner of Borrower during the Fifteen Year Compliance Period, which amount is not to exceed Thirty-Nine Thousand Five Hundred Four Dollars ($39,504) per year in the aggregate, increasing by 3.5% annually, provided that unpaid Partnership/Asset Fees may accrue for a period not to exceed three (3) fiscal years following the year during which they are earned; and (ii) after the expiration of the Fifteen Year Compliance Period, asset management fees payable to the partners of Borrower, in the amounts approved by the County. (ww) "Permanent Conversion" means the date that the Bank Construction Loan converts to the Bank Permanent Loan. (xx) "Priority Portion of Developer Fee" means a portion of the Developer Fee that is equal to the Five Hundred Thousand Dollar ($500,000) and is paid as an Annual Operating Expense. (yy) "Prior Partnership" has the meaning set forth in Paragraph B of the Recitals. (zz) "Property" has the meaning set forth in Paragraph B of the Recitals. 863\57\3744905.3 9 (aaa) "Residual Receipts" means for each calendar year, the amount by which Gross Revenue exceeds Annual Operating Expenses. (bbb) "Restructured City Loan" has the meaning set forth in Paragraph G of the Recitals. (ccc) "Restructured County Loan" has the meaning set forth in Paragraph D of the Recitals. (ddd) "Seller Loan" has the meaning set forth in Section 1.1(d)(iii). (eee) "Sponsor Loan" has the meaning set forth in Section 1.1(d)(iv). (fff) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. (ggg) "Term" means the period of time that commences on the date of this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the fifty-seventh (57th) anniversary of the date of this Agreement. 2. Annual Payments to County and City. (a) Restructured County Loan. i. Initial County Loan Repayment. Commencing on May 1, 2027, and on May 1 of each year thereafter during the Term, until One Million Dollars ($1,000,000) of the Deferred Portion of Developer Fee has been paid, Borrower shall make a loan payment to the County of the Restructured County Loan in an amount equal to the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts. ii. Subsequent County Loan Repayment. Commencing on May 1 of each year of the Term after the year in which One Million Dollars ($1,000,000) of the Deferred Portion of Developer Fee has been paid, and on May 1 of each year thereafter during the Term, Borrower shall make a loan payment to the County of the Restructured County Loan in an amount equal to the sum of (1) the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts and (2) County Additional Prorata Percentage of the Local Lenders' Share of Residual Receipts. iii. Annual Payment. Each payment received by the County is termed an "Annual County Loan Payment". The County shall apply all Annual County Loan Payments to the Restructured County Loan as follows: (1) first, to accrued interest, and (2) second, to principal. iv. Loan Documents. Borrower shall repay the Restructured County Loan pursuant to the terms of the County Loan Agreement and the County Note. In the event of any conflict between the repayment terms and provisions of the County Loan Agreement and this Agreement, the provisions of this Agreement apply. The County may not consent to any amendment or waiver of the terms of the County Loan Agreement or the County Note if such amendment or waiver could reasonably be deemed to materially adversely affect the City, 863\57\3744905.3 10 without the City's prior written approval, which the City may withhold in its sole discretion. (b) Restructured City Loan. i. Initial City Loan Repayment. Commencing on May 1, 2027, and on May 1 of each year thereafter during the Term until One Million Dollars ($1,000,000) of the Deferred Portion of Developer Fee has been paid, Borrower shall make a loan payment to the City of the Restructured City Loan in an amount equal to the City Loan Prorata Percentage of the Lenders' Share of Residual Receipts. ii. Subsequent City Loan Repayment. Commencing on May 1 of each year of the Term after the year in which One Million Dollars ($1,000,000) of the Deferred Portion of Developer Fee has been paid, and on May 1 of each year thereafter during the Term, Borrower shall make a loan payment to the City of the Restructured City Loan in an amount equal to the sum of (1) the City Loan Prorata Percentage of the Lenders' Share of Residual Receipts, and (2) the City Additional Prorata Percentage of the Local Lenders' Share of Residual Receipts. iii. Annual Payment. Each payment received by the City is termed an "Annual City Loan Payment". The City shall apply all Annual City Loan Payments to the Restructured City Loan as follows: (1) first, to accrued interest, if any, and (2) second, to principal for the Restructured City Loan. iv. Loan Documents. Borrower shall repay the Restructured City Loan pursuant to the terms of the City Loan Agreement and the City Note. In the event of any conflict between the repayment terms of the City Loan Agreement, City Note and this Agreement, the provisions of this Agreement apply. The City may not consent to any amendment or waiver of the terms of the City Loan Agreement or the City Note, if such amendment or waiver could reasonably be deemed to materially adversely affect the County, without the County's prior written approval, which the County may withhold in its sole discretion. 3. Repayment of Sponsor Loan, Seller Loan and Deferred Portion of Developer Fee. (a) Sponsor Loan and Seller Loan. The Sponsor Loan and the Seller Loan may only be repaid from Borrower's Share of Residual Receipts. (b) Deferred Portion of Developer Fee. i. Up to One Million Dollars ($1,000,000) of the Deferred Portion of Developer Fee may be paid from the Local Lenders' Share of Residual Receipts and Borrower's Share of Residual Receipts. ii. Any remaining portion of the Deferred Portion of Developer Fee may only be paid from Borrower's Share of Residual Receipts. 4. Reports and Accounting of Residual Receipts. (a) Annual Reports. In connection with the Annual County Loan Payment and the Annual City Loan Payment, Borrower shall furnish to the City and the County: 863\57\3744905.3 11 i. The Statement of Residual Receipts for the relevant period. The first Statement of Residual Receipts will cover the period that begins on January 1 2026, and ends on December 31 of that same year. Subsequent statements of Residual Receipts will cover the twelve-month period that ends on December 31 of each year; ii. A statement from the independent public accountant that audited Borrower's financial records for the relevant period, which statement must confirm that Borrower's calculation of the Lenders' Share of Residual Receipts and Local Lenders' Share of Residual Receipts is accurate based on Operating Income and Annual Operating Expenses; and iii. Any additional documentation reasonably required by the County or the City to substantiate Borrower's calculation of Lenders' Share of Residual Receipts and Local Lenders' Share of Residual Receipts. (b) Books and Records. Borrower shall keep and maintain at the principal place of business of Borrower set forth in Section 11 below, or elsewhere with the written consent of the County and the City, full, complete and appropriate books, record and accounts relating to the Development, including all books, records and accounts necessary or prudent to evidence and substantiate in full detail Borrower's calculation of Residual Receipts and disbursements of Residual Receipts. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of this Agreement to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this Agreement, which provide for the calculation of Residual Receipts on a cash basis. Borrower shall cause all books, records, and accounts to be open to and available for inspection by the County and the City, their auditors or other authorized representatives at reasonable intervals during normal business hours. Borrower shall cause copies of all tax returns and other reports that Borrower may be required to furnish to any government agency to be open for inspection by the County and the City at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve records on which any statement of Residual Receipts is based for a period of not less than five (5) years after such statement is rendered, and for any period during which there is an audit undertaken pursuant to subsection (c) below then pending. (c) County and City Audits. i. The receipt by the County or the City of any statement pursuant to subsection (a) above or any payment by Borrower or acceptance by the County or the City of any loan repayment for any period does not bind the County or the City as to the correctness of such statement or such payment. The County or the City or any designated agent or employee of the County or the City is entitled at any time to audit the Residual Receipts and all books, records, and accounts pertaining thereto. The County and/or the City may conduct such audit during normal business hours at the principal place of business of Borrower and other places where records are kept. Immediately after the completion of an audit, the County or the City, as the case may be, shall deliver a copy of the results of the audit to Borrower. ii. If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County and/or the City, then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient 863\57\3744905.3 12 amount should have been paid. In addition, if the audit determines that Residual Receipts have been understated for any year by the greater of (i) $2,500, and (ii) an amount that exceeds five percent (5%) of the Residual Receipts, then, in addition to paying the deficiency with interest, Borrower shall pay all of the costs and expenses connected with the audit and review of Borrower's accounts and records incurred by the County and/or the City. 5. Deeds of Trust. Notwithstanding the fact that the City Deed of Trust or the County Deed of Trust may be recorded prior to the other, the Deeds of Trust are equal in lien priority. 6. Notice of Default. (a) The County and the City shall each notify the other promptly upon declaring a default or learning of the occurrence of any material event of default, or any event which with the lapse of time would become a material event of default, under its respective loan documents for the Restructured City Loan and the Restructured County Loan. (b) Neither the City nor the may make a demand for payment from Borrower or accelerate the City Note or the County Note, as the case may be, or commence enforcement of any of the rights and remedies under the City Deed of Trust or the County Deed of Trust, as the case may be, until the date that is five (5) business days following delivery of written notice by the party enforcing its rights (the "Enforcing Party") to the other party stating that a "default" (as defined in the relevant Deed of Trust) has occurred and is continuing and that the Enforcing party is requesting the other party's assistance in foreclosure pursuant to Section 7. 7. Cooperation in Foreclosure. (a) If there is a default under Restructured City Loan and/or Restructured County Loan, after expiration of any applicable cure periods, the party who is the lender on the defaulted loan shall cooperate with the other lender that is a party to this Agreement to coordinate any foreclosure proceedings or other appropriate remedies. (b) Neither the County nor the City may contest the validity, perfection, priority, or enforceability of the lien granted to the other party by a deed of trust secured by the Property. Notwithstanding any failure of a party to perfect its lien on the Property or any other defect in the security interests or obligations owing to such party, the priority and rights as between the lenders that are parties to this Agreement are as set forth in this Agreement. 8. Foreclosure Proceeds. If there is a foreclosure, or any other action, whether judicial or nonjudicial, under one or both of the Deeds of Trust (including the giving of a deed in lieu of foreclosure), the proceeds resulting from such foreclosure or action will be first used to pay (i) all amounts paid to any senior lien holder, and (ii) expenses incurred by the County, the City, or both, in connection with such foreclosure or other action. After such payments (i) the City is entitled to the result obtained by multiplying the City Additional Prorata Percentage by the Foreclosure Net Proceeds, and (ii) the County is entitled to the result obtained by multiplying the County Additional Prorata Percentage by the Foreclosure Net Proceeds. 9. Insurance and Condemnation Proceeds. If, as a result of having made the Restructured City Loan and the Restructured County Loan, the City and County are entitled to 863\57\3744905.3 13 insurance or condemnation proceeds, they will share such proceeds as follows: (i) the City is entitled to the result obtained by multiplying the City Additional Prorata Percentage by the available proceeds, and (ii) the County is entitled to the result obtained by multiplying the County Additional Prorata Percentage by the available proceeds. 10. Title to Property. If, as a result of having made the Restructured City Loan and the Restructured County Loan, either the City or the County is entitled to title to the Property as a consequence of Borrower's default, then title is to be held in tenancy in common by the City and the County in accordance with their respective prorata share of the Foreclosure Net Proceeds. Subsequent decisions to hold or sell the Property will be made by joint decision of the City and the County. 11. Notices. All notices required or permitted by any provision of this Agreement must be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the parties as follows: City: City of San Pablo 1000 Gateway Avenue San Pablo, CA 94806 Attn: City Manager County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, California 94553 Attention: Assistant Deputy Director Borrower: Giant Development II, LP c/o East Bay Asian Local Development Corporation 1825 San Pablo Avenue, Suite 200 Oakland, CA 94612 Attention: Chief Executive Officer With a copy to: Wincopin Circle LLLP c/o Enterprise Community Asset Management, Inc. 70 Corporate Center 11000 Broken Land Parkway, Suite 700 Columbia, Maryland 21044 Attn: Asset Management Such written notices, demands, and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate as provided in this Section. Receipt will be deemed to have occurred on the date marked on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). 863\57\3744905.3 14 12. Titles. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. 13. California Law. This Agreement is governed by the laws of the State of California. 14. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 15. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. 16. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 17. Amendments. This Agreement may not be modified except by written instrument executed by and amongst the parties. [signatures on following page] Signature Page Amended and Restated Intercreditor Agreement 863\57\3744905.3 15 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. BORROWER: GIANT DEVELOPMENT II, LP, a California limited partnership By: Giant Development II, LLC, a California limited liability company, its general partner By: East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation, its manager By: ____________________________ Capri Roth, EVP of Real Estate Development APPROVED AS TO FORM: THOMAS L. GEIGER County Counsel By: Kathleen Andrus Deputy County Counsel COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: ____________________________ John Kopchik Director, Department of Conservation and Development Signatures continue on following page Signature Page Amended and Restated Intercreditor Agreement 863\57\3744905.3 16 APPROVED AS TO FORM: By: _______________________________ _____________________, City Attorney CITY: CITY OF SAN PABLO, a municipal corporation By: ____________________________ ___________________, City Manager 863\57\3744905.3 17 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public 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. 863\57\3744905.3 18 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public 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. 863\57\3744905.3 19 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Notary Public 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. A-1 863\57\3744905.3 EXHIBIT A LEGAL DESCRIPTION Real Property situated in the County of Contra Costa, City of San Pablo, State of California, and described as follows: PARCEL ONE: All that real property being a portion of Parcel A as shown on the Parcel Map M.S. No. 777 -86, filed April 7,1986 in Book 122 of Parcel Maps at Page 7, located in the City of San Pablo, County of Contra Costa, State of California, more particularly described as follows: Beginning at the Northwest corner of said Parcel A, said point being on the Easterly boundary of the road right of way known as Giant Road (County Road No. 21); thence along said Easterly boundary of Giant Road, South 12° 25' 00" West a distance of 363.51 feet; Thence South 77° 35' 00" East a distance of 314.00 feet; Thence North 12° 25' 00" East a distance of 273.74 feet; Thence South 77° 35' 00" East a distance of 26.00 feet; Thence North 12° 25' 00" East a distance of 89.77 feet; Thence North 77° 35' 00" West a distance of 340.00 feet; to the point of beginning. Also being Lot 1, as shown on the Lot Line Adjustment Plat attached to that certain "Certificate of Compliance for Lot Line Adjustment LLA 04-35" recorded August 5, 2004 as instrument No. 2004-302583 of Official Records which was corrected in the Correction Deed recorded September 14, 2004 as Instrument No. 2004- 353917 of Official Records. PARCEL TWO: Non-exclusive easements for access, drainage and utilities, created as an appurtenance to Parcel One above in the "Easement and Maintenance Agreement" executed by and between Pulte Home Corporation, a Michigan Corporation and Giant Development L.P., a California limited partnership recorded April 14, 2006 as Instrument No. 2006-116461, Official Records, over, under and upon the following described land: Being a portion of Lot "J" as said Lot is shown on that certain Map entitled "Subdivision No. 8921, for Condominium purposes, Devon Square in the City of San Pablo", filed February 1, 2006 in Book 487 of Maps at Pages 7 to 10, inclusive, of Official Records of Contra Costa County, more particularly described as follows: Beginning at a point on the mostly Westerly line of said Subdivision No. 8921, being the Southerly terminus of the line shown as "North 12° 25' 00" East, 273.74" on the last said Map; Thence from said point of beginning, along the last said mostly Westerly line, North 12° 25' 00" East, 273.74 feet to a point on the Northerly line of the last said Subdivision; Thence along the last said Northerly line, South 77° 35' 00" East, 24.00 feet; Thence leaving the last said Northerly line, along the mostly Easterly line of said Lot J and its Northerly production, South 12° 25' 00" West, 127.75 feet to a tangent curve, concave to the Northeast, having a radius of 10.00 feet and a central angle of 90° 00' 00"; A-2 863\57\3744905.3 Thence Southerly, Southeasterly and Easterly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 0.50 feet; Thence leaving the last said mostly Easterly line of said Lot J, South 12° 25' 00" West, 23.00 feet to a point on the last said mostly Easterly line of said Lot J; Thence along the mostly Easterly line of said Lot J; Thence along the mostly Easterly line of said Lot J, South 12° 25' 00" West, 0.50 feet to a point on a nontangent curve concave to the Southeast having a radial which bears North 12° 25' 00" East, a radius of 10.00 feet and a central angle of 90° 00' 00"; Thence Westerly, Southwesterly and Southerly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 88.98 feet to a tangent curve, concave to the Northeast, having a radius of 10.00 feet and a central angle of 90° 00' 00"; Thence Southerly, Southeasterly and Easterly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 0.50 feet; Thence leaving the last said mostly Easterly line of said Lot J, South 12° 25' 00" West, 2.85 feet to a point on the mostly Northerly line of the right of way of Lake Street as said street is shown on the last said Subdivision No. 8921 and being also a non-tangent curve, concave to the South, having a radial which bears North 21° 45' 12" East, a radius of 25.25 feet and a central angle of 9° 29' 12; Thence Westerly along the arc of said curve, 4.28 feet; Thence continuing along the last said right of way of Lake Street, North 77° 35' 00" West, 29.74 feet to the point of beginning. APN: 412-060-005-3 863\57\3745741.4 1 FIRST AMENDMENT TO FIRST AMENDED AND RESTATED CDBG/HOME LOAN AGREEMENT (Giant Road) THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED CDBG/HOME LOAN AGREEMENT (the "First Amendment") is dated July 25, 2024, and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Giant Development II, LP, a California limited partnership ("Borrower"). RECITALS A. The County and Giant Development, L.P., a California limited partnership (the "Prior Partnership") are parties to a First Amended and Restated CDBG/HOME Loan Agreement dated as of December 15, 2005 (the "Loan Agreement"). The Loan Agreement governs (i) a loan in the amount of Six Hundred Thousand Dollars ($600,000) of Home Investment Partnerships Act funds ("HOME Funds") the County made to the Prior Partnership in September 2004, (ii) a loan in the amount of Six Hundred Thousand Dollars ($600,000) of Community Development Block Grant Program funds the County made to the Prior Partnership in September 2004, and (iii) a loan in the amount of Five Hundred Thousand Dollars ($500,000) of HOME Funds the County made to the Prior Partnership in August 2005, collectively, the "County Original Loans." B. The County Original Loans were used by the Prior Partnership to purchase the real property located at 2832 Giant Road, in the City of San Pablo, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"), and to construct the Development on the Property. The "Development" consists of an 86-unit apartment complex, 84 of which are for rental to extremely low, very low- and low-income households, and two of which are manager's units. The Development, as well as all landscaping, roads, and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". C. Simultaneous with the effectiveness of this First Amendment, Borrower is acquiring the Property from the Prior Partnership, and entering into an Assignment, Assumption, and Consent Agreement of even date herewith with the Prior Partnership and the County under which (i) the Prior Partnership is assigning the County Original Loans to Borrower, (ii) Borrower is assuming the County Original Loans from the Prior Partnership, and (iii) the County is consenting to the assignment and assumption of the County Original Loans. Borrower intends to rehabilitate the Development by refinancing all outstanding debt that is secured by the Property and borrowing additional funds. D. In support of the rehabilitation of the Development, the County has consented not only to the assignment of the County Original Loans but to restructure the County Original Loans. Through this First Amendment, the County Original Loans are being restructured to have (i) a principal amount of Two Million Five Hundred Twenty Thousand Eight Hundred Forty-Six Dollars ($2,520,846) (the "Loan"), which is equal to the original principal amount of the County Original Loans plus interest accrued as of the date of this First Amendment, and (ii) a repayment term that extends through July 25, 2081. 863\57\3745741.4 2 E. The parties' obligations with respect to the Loan are evidenced by the following documents, all of which are dated of even date herewith and which, together with this First Amendment, are the "County Amended Documents": (i) First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants between the County and Borrower (the "Amendment to Regulatory Agreement"); (ii) Promissory Note executed by Borrower for the benefit of the County in the amount of the Loan; (iii) Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, to be recorded against the Property (the "Deed of Trust"); and (iv) Amended and Restated Intercreditor Agreement among the City of San Pablo, Borrower, and the County to be recorded against the Property (the "Intercreditor Agreement"). The parties therefore agree as follows: 1. Defined Terms. All defined terms used but not defined in this First Amendment have the meaning ascribed to them in the Loan Agreement. 2. Agreement. Section 1.1(c) of the Loan Agreement is deleted in its entirety and replaced with the following: "(c) "Agreement" means this First Amended and Restated CDBG/HOME Loan Agreement as amended by the First Amendment to First Amended and Restated CDBG/HOME Loan Agreement between the County and Borrower dated July 25, 2024." 3. Approved Financing. Section 1.1(f) of the Loan Agreement is deleted in its entirety and replaced with the following: "(f) "Approved Financing" means all of the following loans, grants, equity, and operating subsidy obtained by Borrower and approved by the County for the purpose of financing the acquisition of the Property and the rehabilitation of the Improvements in addition to the Loan: i. Multi-family housing revenue tax-exempt note in the approximate amount of Thirty-Three Million Five Hundred Fifty-Three Thousand One Hundred Eleven Dollars ($33,553,111) issued by the California Municipal Finance Authority and loaned to Borrower by Silicon Valley Bank, a Division of First-Citizens Bank & Trust Company (the "Bank Construction Loan") which will convert to a permanent loan in the approximate amount of Six Million Seventeen Thousand Dollars ($6,017,000) (the "Bank Permanent Loan"); ii. An assumed and restructured loan from the California Department of Housing and Community Development in the approximate amount of Eight Million Four Hundred Sixty-Three Thousand Five Hundred and Two Dollars ($8,463,502) (the "HCD LPR Loan"); 863\57\3745741.4 3 iii. An assumed and restructured loan from the City of San Pablo in the approximate amount of One Million Five Hundred Forty-Nine Thousand Dollars ($1,549,164); iv. A seller carry-back loan from the Prior Partnership in the approximate amount of Eleven Million Five Hundred Fifty-Eight Thousand Two Hundred Forty-Three Dollars ($11,558,243) (the "Seller Loan"); v. A loan from East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation in the approximate amount of Six Million Seven Hundred Thousand Dollars ($6,700,000) (the "Sponsor Loan"); vi. Low Income Housing Tax Credit investor equity funds in the approximate amount of Twenty-Five Million Nine Hundred Eight Three Hundred Eight-Nine Dollars ($25,908,389) provided by Borrower's limited partner; and vii. Capital contribution from Borrower's general partner in the approximate amount of Two Million One Hundred Sixty-Six Thousand Three Hundred Seventy-Nine Dollar ($2,166,379) comprised of $500,000 in reserves, $1,666,279 in Community Project Funding, and $100 in general partner funds. 4. Borrower Section 1.1(h) of the Loan Agreement is deleted in its entirety and replaced with the following: "(h) "Borrower" means Giant Development II, LP, a California limited partnership." 5. Deed of Trust Section 1.1(o) of the Loan Agreement is deleted in its entirety and replaced with the following: "(o) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing dated July 25, 2024 among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, recorded against the Property." 6. Intercreditor Agreement. Section 1.1(z) of the Loan Agreement is deleted in its entirety and replaced with the following: "(z) "Intercreditor Agreement" means the Second Amended and Restated Intercreditor Agreement by and among Borrower, the County, and the City dated July 25, 2024, recorded against the Property." 7. Loan. Section 1.1(aa) of the Loan Agreement is deleted in its entirety and replaced with the following: "(aa) "Loan" means the loan to Borrower from the County in the amount of Two Million Five Hundred Fourteen Thousand Seven Hundred Twenty-Seven Dollars ($2,514,727)." 863\57\3745741.4 4 8. Note. Section 1.1(dd) of the Loan Agreement is deleted in its entirety and replaced with the following: "(dd) "Note" means the promissory note executed by Borrower dated July 25, 2024 in the amount of the Loan." 9. Regulatory Agreement. Section 1.1(hh) of the Loan Agreement is deleted in its entirety and replaced with the following: "(hh) "Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants executed by East Bay Asian Local Development Corporation and the County dated September 30, 2004, and recorded against the Property on September 30, 2004 as Instrument No. 2004-376348-00, as assigned to Giant Development, L.P., a California limited partnership pursuant to an Assignment and Assumption Agreement recorded December 22, 2005 as Instrument Number 12005-0490146-000, as amended by a First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants dated July 25, 2024 between Borrower and the County, recorded against the Property." 10. Term. Section 1.1(kk) of the Loan Agreement is deleted in its entirety and replaced with the following: "(kk) "Term" means the term of this Agreement which commenced on December 15, 2005 and terminates on July 25, 2081." 11. Interest. Section 2.2(a) of the Loan Agreement is deleted in its entirety and replaced with the following: "(a) Subject to the provisions of Subsection (b) below, the Loan bears interest from July 25, 2024 at 4.61%, compounding annually, until full repayment of the outstanding balance of the Loan. It is the intent that the interest rate stated in this Section 2(a) is the Applicable Federal Rate applicable to long-term loans with annual compounding, as calculated in accordance with Internal Revenue Code Section 1274(d) as of July 25, 2024." 12. Repayment. Sections 2.7(a) and (b) of the Loan Agreement are deleted in their entirety and replaced with the following: "(a) 1. Initial County Loan Repayment. Commencing on May 1, 2027, and on May 1 of each year thereafter during the Term until One Million Dollars ($1,000,000) of the Deferred Portion of Developer Fee has been paid, Borrower shall make a loan payment to the County of the Loan in an amount equal to the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts. ii. Subsequent County Loan Repayment. Commencing on May 1 of each year of the Term after the year in which One Million Dollars ($1,000,000) of the Deferred Portion of Developer Fee has been paid, and on May 1 of each year thereafter 863\57\3745741.4 5 during the Term, Borrower shall make a loan payment to the County of the Loan in an amount equal to the sum of (1) the County Loan Prorata Percentage of the Lenders' Share of Residual Receipts and (2) the County Additional Prorata Percentage of the Local Lenders' Share of Residual Receipts. iii. The County will credit payments made first, to accrued interest, and second, to principal. iv. All capitalized terms used in this Section but not defined in this Agreement have the meanings set forth in the Intercreditor Agreement. (b) Intentionally Omitted." 13. Limited Partner Transfers. Section 4.14(c) of the Loan Agreement is deleted in its entirety and replaced with the following: "(c) The County hereby approves the admission of Wincopin Circle LLLP to Borrower as a limited partner. The County hereby approves future Transfers of the limited partner interest of Borrower provided that: (i) such Transfers do not affect the timing and amount of the limited partner capital contributions provided for in Borrower's partnership agreement; and (ii) in subsequent Transfers, the initial limited partner or an affiliate thereof, retains a membership or partnership interest and serves as a managing member or managing general partner of the successor limited partner." 14. Notices. Section 7.9 of the Loan Agreement is deleted in its entirety and replaced with the following: "Section 7.9 Notices. All notices required or permitted by any provision of this Agreement must be in writing and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the parties as follows: (1) if intended for the County is to be addressed to: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Assistant Deputy Director and (2) if intended for Borrower is to be addressed to: Giant Development II, LP c/o East Bay Asian Local Development Corporation 1825 San Pablo Avenue, Suite 200 863\57\3745741.4 6 Oakland, CA 94612 Attention: Chief Executive Officer With a copy to: Wincopin Circle LLLP c/o Enterprise Community Asset Management, Inc. 70 Corporate Center 11000 Broken Land Parkway, Suite 700 Columbia, Maryland 21044 Attn: Asset Management Such written notices, demands, and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate as provided in this Section. Receipt will be deemed to have occurred on the date marked on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable)." 15. Rehabilitation of the Development. All requirements in the Loan Agreement regarding the construction of the Development apply to the original construction of the Development which was completed in 2008. The County, through this First Amendment, is not imposing requirements on the rehabilitation of the Development. 16. Subordination. The County agrees to subordinate the Deed of Trust, the Intercreditor Agreement, and the Amendment to Regulatory Agreement to the deeds of trust and regulatory agreements to be recorded against the Property in connection with the Bank Construction Loan, Bank Permanent Loan, and the HCD LPR Loan, provided the County receives adequate notice and cure rights pursuant to a subordination agreement in a form approved by the County. The County will not subordinate the Deed of Trust, the Intercreditor Agreement, or the Amendment to Regulatory Agreement to the lien of the deeds of trust securing the Seller Loan or the Sponsor Loan. 17. Conditions Precedent to Closing. The County shall not be obligated to authorize closing on the Loan until the following conditions precedent have been satisfied: a. Borrower has executed the Assignment Agreement and the County Amended Documents; b. The Deed of Trust, the Intercreditor Agreement, and the Amendment to Regulatory Agreement have been recorded against the Property in the official records of Contra Costa County; and c. A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing to the County an ALTA Lender's Policy of insurance 863\57\3745741.4 7 insuring the priority of the Deed of Trust in the amount of Two Million Five Hundred Twenty Thousand Eight Hundred Forty-Six Dollars ($2,520,846). 18. Approved Development Budget. Exhibit C to the Loan Agreement is deleted in its entirety and replaced with the Development Budget attached as Exhibit B to this First Amendment. 19. Full Force and Effect. Except as set forth in this First Amendment, the Loan Agreement, remains unmodified and in full force and effect. 20. Counterparts. This First Amendment may be signed by the different parties hereto in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. [signatures on following page] 863\57\3745741.4 1 IN WITNESS WHEREOF, the parties are executing this First Amendment as of the day first above written. APPROVED AS TO FORM: Thomas L. Geiger County Counsel COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: _________________________________ John Kopchik Director, Department of Conservation and Development By: Kathleen Andrus Deputy County Counsel D e p u t y C o u n t y C o u n s e l BORROWER: GIANT DEVELOPMENT II, LP, a California limited partnership By: Giant Development II, LLC, a California limited liability company, its general partner By: East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation, its manager By: ____________________________ Capri Roth, EVP of Real Estate Development 863\57\3745741.4 EXHIBIT A Legal Description of the Property Real Property situated in the County of Contra Costa, City of San Pablo, State of California, and described as follows: PARCEL ONE: All that real property being a portion of Parcel A as shown on the Parcel Map M.S. No. 777 -86, filed April 7,1986 in Book 122 of Parcel Maps at Page 7, located in the City of San Pablo, County of Contra Costa, State of California, more particularly described as follows: Beginning at the Northwest corner of said Parcel A, said point being on the Easterly boundary of the road right of way known as Giant Road (County Road No. 21); thence along said Easterly boundary of Giant Road, South 12° 25' 00" West a distance of 363.51 feet; Thence South 77° 35' 00" East a distance of 314.00 feet; Thence North 12° 25' 00" East a distance of 273.74 feet; Thence South 77° 35' 00" East a distance of 26.00 feet; Thence North 12° 25' 00" East a distance of 89.77 feet; Thence North 77° 35' 00" West a distance of 340.00 feet; to the point of beginning. Also being Lot 1, as shown on the Lot Line Adjustment Plat attached to that certain "Certificate of Compliance for Lot Line Adjustment LLA 04-35" recorded August 5, 2004 as instrument No. 2004-302583 of Official Records which was corrected in the Correction Deed recorded September 14, 2004 as Instrument No. 2004- 353917 of Official Records. PARCEL TWO: Non-exclusive easements for access, drainage and utilities, created as an appurtenance to Parcel One above in the "Easement and Maintenance Agreement" executed by and between Pulte Home Corporation, a Michigan Corporation and Giant Development L.P., a California limited partnership recorded April 14, 2006 as Instrument No. 2006-116461, Official Records, over, under and upon the following described land: Being a portion of Lot "J" as said Lot is shown on that certain Map entitled "Subdivision No. 8921, for Condominium purposes, Devon Square in the City of San Pablo", filed February 1, 2006 in Book 487 of Maps at Pages 7 to 10, inclusive, of Official Records of Contra Costa County, more particularly described as follows: Beginning at a point on the mostly Westerly line of said Subdivision No. 8921, being the Southerly terminus of the line shown as "North 12° 25' 00" East, 273.74" on the last said Map; Thence from said point of beginning, along the last said mostly Westerly line, North 12° 25' 00" East, 273.74 feet to a point on the Northerly line of the last said Subdivision; Thence along the last said Northerly line, South 77° 35 ' 00" East, 24.00 feet; Thence leaving the last said Northerly line, along the mostly Easterly line of said Lot J and its Northerly production, South 12° 25' 00" West, 127.75 feet to a tangent curve, concave to the Northeast, having a radius of 10.00 feet and a central angle of 90° 00' 00"; 863\57\3745741.4 Thence Southerly, Southeasterly and Easterly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 0.50 feet; Thence leaving the last said mostly Easterly line of said Lot J, South 12° 25' 00" West, 23.00 feet to a point on the last said mostly Easterly line of said Lot J; Thence along the mostly Easterly line of said Lot J; Thence along the mostly Easterly line of said Lot J, South 12° 25' 00" West, 0.50 feet to a point on a nontangent curve concave to the Southeast having a radial which bears North 12° 25' 00" East, a radius of 10.00 feet and a central angle of 90° 00' 00"; Thence Westerly, Southwesterly and Southerly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 88.98 feet to a tangent curve, concave to the Northeast, having a radius of 10.00 feet and a central angle of 90° 00' 00"; Thence Southerly, Southeasterly and Easterly along the arc of said curve 15.71 feet; Thence, South 12° 25' 00" West, 0.50 feet; Thence leaving the last said mostly Easterly line of said Lot J, South 12° 25' 00" West, 2.85 feet to a point on the mostly Northerly line of the right of way of Lake Street as said street is shown on the last said Subdivision No. 8921 and being also a non-tangent curve, concave to the South, having a radial which bears North 21° 45' 12" East, a radius of 25.25 feet and a central angle of 9° 29' 12; Thence Westerly along the arc of said curve, 4.28 feet; Thence continuing along the last said right of way of Lake Street, North 77° 35 ' 00" West, 29.74 feet to the point of beginning. APN: 412-060-005-3 863\57\3745741.4 EXHIBIT B Approved Development Budget 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2418 Name: Status:Type:Consent Item Passed File created:In control:7/23/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with The Regents of the University of California, on behalf of its UC Berkeley Institute of Research on Labor and Employment, in an amount not to exceed $2,000,000 to analyze and design implementation strategies for clean energy economic development in the Green Empowerment Zone of Contra Costa County, for the period August 6, 2024 through August 5, 2027. (100% State Green Empowerment Zone funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Contract with UC Berkeley Labor Center to Support the Green Empowerment Zone of Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an interagency contract with the Regents of the University of California, on behalf of its UC Berkeley Institute of Research on Labor and Employment, in an amount not to exceed $2,000,000, to provide research, stakeholder engagement, technical assistance and policy recommendations to the Green Empowerment Zone to support high road clean energy manufacturing growth and jobs, for the period from August 6, 2024 through August 5, 2027, as recommended by the Green Empowerment Zone Board of Directors (100% Green Empowerment Zone funds). FISCAL IMPACT: This contract will be funded by State revenues received by the County to fund the activities of the Green Empowerment Zone. There will be no impact to the County General Fund. BACKGROUND: On September 12, 2023, the Board of Supervisors authorized an agreement with the Governor’s Office of Business and Economic Development (GO-Biz) for the County to receive revenue in an amount not to exceed $5,000,000 to provide administrative and other support services for the Green Empowerment Zone for the Northern Waterfront Area of Contra Costa County (GEZ) consistent with the State legislation AB 179, the Budget Act of 2022. The GEZ Board of Directors had its first meeting on December 7, 2023. The County Department of Conservation and Development provides staff support to the GEZ. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 3 powered by Legistar™ File #:24-2418,Version:1 At its meeting on December 7, 2023, the GEZ Board of Directors received a presentation from the UC Berkeley Institute of Research on Labor and Employment, also referred to as the UC Berkeley Labor Center, on its proposal of research to inform planning for the GEZ. Pursuant to the GEZ’s authorizing legislation, AB844 (Grayson), the duties of the GEZ include partnering with the University of California, the California State University, community colleges, and the state’s other research and educational institutions, as well as private foundations, to provide guidance, advice, and encouragement in support of studies of particular interest and importance to the energy industry in the Northern Waterfront area of the County of Contra Costa. The UC Berkeley Labor Center has refined its proposed concept to focus on developing a high road strategy for the clean energy manufacturing sector within the GEZ. On February 16, 2024, the Green Empowerment Zone Board of Directors provided direction to staff to invite the UC Berkeley Labor Center to develop a detailed proposal and to bring a full proposal back to the Green Empowerment Zone Governing Board for consideration. At its meeting on April 19, 2024, the GEZ Board of Directors received a presentation on the full and detailed proposal from the UC Berkeley Labor Center to provide the County and the GEZ with the following services: 1. Foundational research to shape clean energy manufacturing priorities and high road growth strategies. 2. Stakeholder engagement and technical assistance to identify opportunities to support high road clean energy manufacturing growth and identify barriers to growth. 3. Policy recommendations to support additional high road clean energy manufacturing growth in the GEZ. The GEZ Board of Directors directed County staff to negotiate a contract with the University for this scope of services and seek approval from the Board of Supervisors to execute the contract. The contract provides that the University will own any reports and materials prepared by the University through its work under the contract, and the County will have an irrevocable, free, but non-exclusive right to use and disseminate the reports and materials. The contract also provides for mutual indemnification whereby each party would indemnify and hold harmless the other for claims arising from their own negligence or intentional acts. CONSEQUENCE OF NEGATIVE ACTION: If the recommended action in not approved, the GEZ will not have access to services from the UC Berkeley Labor Center to conduct foundational research, support stakeholder engagement and technical assistance, and to make policy recommendations to further high road clean energy manufacturing growth and jobs within the GEZ. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 3 powered by Legistar™ File #:24-2418,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2419 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to apply for and accept, if awarded, an Environmental and Climate Justice Community Change Grant in an amount not to exceed $20 million from the U.S. Environmental Protection Agency and to execute a Partnership Agreement with Urban Tilth to cooperate in seeking the grant. (100% Federal; no County match) Attachments:1. STATUTORY PARTNERSHIP AGREEMENT v.4 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:U. S. Environmental Protection Agency Community Change Grant Application ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to apply for and accept, if awarded, an Environmental and Climate Justice Community Change Grant (Community Change Grant) in an amount not to exceed $20 million from the U.S. Environmental Protection Agency. 2. APPROVE a Partnership Agreement between Contra Costa County and Urban Tilth as Lead Applicant and Statutory Partner, respectively, for the Community Change Grant and AUTHORIZE the Conservation and Development Director, or designee, to execute the Partnership Agreement. FISCAL IMPACT: There is no impact to the General Fund. This one-time grant funding will be used to implement a number of priority projects developed by community-based organizations in North Richmond, including a community resiliency center at the Urban Tilth farm. Grant funding will cover all costs for project management and administration by staff from the Department of Conservation and Development. BACKGROUND: The 2022 Inflation Reduction Act created the Environmental and Climate Justice Program (ECJP). Under this program, the U.S. Environmental Protection Agency (EPA) was provided $2.8 billion to award grants to help impacted communities address a wide range of environmental and climate justice issues. The Community Change Grants CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 3 powered by Legistar™ C.23 File #:24-2419,Version:1 complement other grant programs that EPA launched as part of ECJP. Approximately $2 billion will be awarded across the country as Community Change Grants. EPA has been accepting applications on a rolling basis since November 2023; the application window closes November 21, 2024. The Community Change Grant program requires a partnership between community-based organizations (CBOs) and a local government, tribal government, or institution of higher education. Funds must be directed to communities that have been historically underinvested in and are overburdened by pollution (the County’s draft General Plan and Climate Action Plan refer to these areas as “Impacted Communities”). Activities under the grants should fall under the following categories: ·Climate resilience and adaptation ·Mitigation of climate and health risks from urban heat islands, extreme heat, wood heater emissions, and wildfires ·Community-led air and other pollution monitoring, prevention, and remediation ·Investments in low- and zero-emission and resilient technologies and related infrastructure ·Workforce development that supports the reduction of greenhouse gas emissions and other air pollutants ·Reducing indoor toxics and air pollution ·Facilitating the engagement of disadvantaged communities in state and federal advisory groups, workshops, rulemakings, and other public processes. Several CBOs in North Richmond, working under the leadership of Urban Tilth, have joined together to develop a suite of projects for a Community Change Grant application. The County will work with these groups as the Lead Applicant for the project. All projects under the Community Change Grant must be completed within three years. Projects anticipated to be included in the grant application include: Project Sponsor Project Description Requested Grant Funding Urban Tilth Community Resilience Center $5,500,000 Urban Tilth Verde K-12 CalFire School Greening Project $4,000,000 The Watershed Project Urban Tree Canopy Project $200,000 The Watershed Project Youth Internship for Nature-Based Solutions for North Richmond $300,000 Richmond LAND North Richmond Tiny Home Ecovillage $3,000,000 Community Housing Development Corporation Las Deltas Housing Rehab Project $2,086,905 Contra Costa County Residential Energy Efficiency All- Electric Building Retrofit Rebate Programs $1,000,000 Contra Costa County Grant Administration $2,000,000 Contra Costa County and/or Urban Tilth Project Management $1,913,095 Total $20,000,000 Note: Project list may be modified for the final grant application. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 3 powered by Legistar™ File #:24-2419,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If the recommendations are not approved, the County will not partner with community-based organizations to apply for a U.S. EPA Community Change Grant in an amount not to exceed $20 million. CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 3 powered by Legistar™ D R A F T 1 STATUTORY PARTNERSHIP AGREEMENT between The County of Contra Costa and Urban Tilth This Statutory Partnership Agreement (“Agreement”) by and between the County of Contra Costa (“Lead Applicant”), and Urban Tilth, a California nonprofit corporation (“Statutory Partner”) and together with Lead Applicant, (the “Partners”) dated August 6, 2024, (“Effective Date”) is being created to identify the roles and responsibilities of the Partners supporting the build out of the North Richmond Community Resilience Initiative (the “Project”). RECITALS WHEREAS, the relationship between the Partners has been established and this Agreement entered into in connection with the U.S. Environmental Protection Agency’s (“EPA”) Environmental and Climate Justice Community Change Grants Program (“CCGP”) and the related Notice of Funding Opportunity (“NOFO”) requiring a Statutory Partnership Agreement for grant eligibility; and WHEREAS, the Statutory Partner is a California Nonprofit Public Benefit Corporation and is active on the California Secretary of State’s records and is authorized to exercise all its powers, rights, and privileges in California as shown on the Secretary of State Certificate of Status dated July 31, 2024, and its status on the California Office of the Attorney General Registry lists that its Registry Status is “Current – In Process;” and WHEREAS, the Partners wish to agree to certain terms and conditions that will govern the roles and responsibilities of the Partners in connection with the Project; and WHEREAS, Partners agree the purpose of this Agreement (“Purpose”) is limited to pursuance of a Grant under the EPA’s CCGP and the related NOFO and the implementation of the Project following receipt of any such Grant, and that Lead Applicant and Statutory Partner are entering into this Agreement to establish a framework for the parties to collaborate in connection with Lead Applicant seeking, obtaining, receiving, administering and implementing a Community Change Grant, to support the mission and 501(c)(3) purpose of Lead Applicant and its efforts to advance the Project in each case described further in Exhibit A, grant application. WHEREAS, Partners intend to work together along with other collaborating partners (to be named in the CCGP Application, the “Collaborating Entities”) to apply for a Community Change Grant to fund the Project. WHEREAS, in the event that the Partners are successful in receiving a CCG Award for the Project, they intend to work together with the Collaborating Entities to reach the successful implementation of the Project within three years of the CCG Award date. NOW, THEREFORE, in consideration of the promises set forth above and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: D R A F T 2 Background The Inflation Reduction Act (“IRA”) created the CCGP. The EPA administers the CCGP pursuant to Section 138 of the Clean Air Act (“CAA”), codified at 42 U.S.C. § 7438. Under this program, EPA was provided $2.8 billion to award grants to help disadvantaged communities address a wide range of environmental and climate justice issues, and $200 million for technical assistance related to these grants. The CCGP NOFO requires entities applying for CCGP grants to enter into a Statutory Partnership Agreement, consisting of a Lead Applicant and a Statutory Partner. A Statutory Partnership agreement must meet specified criteria, as defined in Appendix B to the NOFO. The Partners have entered into this Agreement to seek a CCGP grant to deliver on the Project. Now, therefore, in consideration of the foregoing and the mutual promises and the covenants and agreements set forth below, the Partners agree as follows: 1. Certain Defined Terms. As used in the Agreement, the following terms shall have the following definitions: “Agreement” has the meaning set forth in the preamble. “Collaborating Entity” means an eligible CBO, federally recognized tribe, local government, institution of higher education, state government, territorial government, or qualifying international organization, excluding for-profit firms, individual consultants, and commercial service providers, that receives a subaward from the Lead Applicant. “Community-Based Nonprofit Organization” or “CBO” means a nonprofit organization that supports and/or represents a community and/or certain populations within a community through engagement, education, and other related services provided to individual community residents and community stakeholders as defined in 2 C.F.R. § 200.1. “Environmental and Climate Justice Community Change Grants Program” means the IRA-created program to award grants to disadvantaged communities to address a wide range of environmental and climate justice issues. “Lead Applicant” means the County of Contra Costa. “NOFO” means EPA’s Notice of Funding Opportunity issued November 21, 2023 and modified on December 21, 2023 and February 12, 2024 for the Environmental and Climate Justice Community Change Grants Program. “Partners” has the meaning set forth in the preamble. “Project” has the meaning set forth in the preamble. “Purpose” has the meaning set forth in the preamble. “Statutory Partner” means Urban Tilth. “Statutory Partnership” means a partnership between two CBOs, or between a CBO and a federally recognized tribe, local government, or an institution of higher learning. D R A F T 3 2. Names and Addresses of the Partners The names and addresses of the Partners are: Lead Applicant: The County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Statutory Partner: Urban Tilth 323 Brookside Drive Richmond, CA 94801 3. CCGP 3.1. Lead Applicant and Statutory Partner shall abide by all applicable rules, regulations, and requirements of the CCGP. Failure of Lead Applicant or Statutory Partner to do so shall result in the termination of this Agreement, at which time Statutory Partner shall immediately repay to Lead Applicant and/or EPA all grant funds Statutory Partner received in connection with the CCGP, together with any interest or penalties that may be assessed as a result of Statutory Partner’s failure to comply with applicable requirements. 3.2. Without limiting the generality of the foregoing, Lead Applicant and Statutory Partner shall abide by all federal requirements pertaining to the administration of 42 U.S.C. § 7438, as it may be amended from time to time. At the request of Lead Applicant or EPA, Statutory Partner shall certify in writing to EPA that Statutory Partner has complied in all aspects with the CCGP requirements as they relate to the Project (as defined above), and such certification shall be signed by an officer of Statutory Partner. 3.3. Lead Applicant intends to apply for a grant from the CCGP to support the Project. 3.4. Upon receipt of any grant funding, Partners agree to work in good faith to negotiate and agree on a project development agreement to further memorialize these terms in a definitive agreement establishing specific obligations, liabilities and responsibilities of the parties beyond the general principles established in this Agreement. 4. General Roles and Responsibilities 4.1. Lead Applicant. Lead Applicant shall be responsible for the receipt of federal funds from EPA and for the proper expenditure of these funds and shall bear liability for unallowable costs and responsible for the overall management, performance, oversight, and reporting responsibilities under the grant, and for making subawards to Collaborating Entities. This may include, but is not limited to, any of the following tasks and duties as required: 4.2. Acting as a pass-through agent to provide CCGP funds to Statutory Partner and Collaborating Entities in the form of subgrants (“Subawards”); 4.3. Monitoring compliance with the CCGP and CCGP rules, including, but not limited to, D R A F T 4 procurement in accordance with federal requirements and performance by Statutory Partner of ongoing obligations with CCGP funds in active use in the location specified by the CCGP grant agreement; and 4.4. Assisting EPA in various other administrative tasks which may be required by the CCGP. 4.5. Providing overall management of the Project, including coordinating of project activities, and working with Statutory Partner and Collaborating Entities to ensure they are meeting project milestones and budgets, and instituting corrective action if needed. 4.6. Statutory Partner. Statutory Partner shall coordinate with and support Lead Applicant as necessary to ensure compliance with requirements of the CCGP. Such coordination may include, but is not limited to, any of the following tasks: 4.6.1. Complying with any and all requirements of the CCGP; 4.6.2. Maintaining any equipment purchased with CCGP funding; 4.6.3. Providing EPA and Lead Applicant with such information and certifications about the operations, performance, and location of equipment purchased or improved with CCGP funding as may be requested from time to time. 4.6.4. Accountability to Lead Applicant for proper use of EPA funding. 4.6.5. Providing organizational experience and capacity related to performing the proposed projects or similar activities (e.g., experience in managing projects and activities like those in the application). 4.6.6. Providing resources, capacity, capabilities, staff (e.g., a project manager and other key personnel), expertise, qualifications, and skills to perform and manage the award activities effectively during the remaining award period. 4.6.7. Utilizing cost effectiveness of the budget in terms of maximizing the share of funds used for the delivery of benefits to disadvantaged communities (both the direct costs of funds passed through for financial assistance as well as associated indirect costs to the greatest extent practicable). 4.6.8. Proposing a reasonable budget and allowability of the costs for each component / activity of the Project and their approach, procedures, and controls for ensuring that awarded grant funds will be expended in a timely and efficient manner to comply with the remaining project period limitation. 4.6.9. Creating a milestone schedule for the proposed projects including breakout of the project activities into phases and timeframes for completion of tasks, and the approach, procedures, and controls for ensuring that the award funds will be expended in a timely and efficient manner while ensuring that costs are eligible, reasonable, and allowable. 4.6.10. Ensuring legal and financial controls are in place, and ensuring capacity to manage taxpayer dollars ethically and efficiently as well as the policies and controls for project oversight and program risk. This includes the extent and quality to which the application includes controls to identify waste, fraud, and abuse, and reduce the potential for waste, fraud, and abuse by including plans and policies for program oversight, including confidential reporting (e.g., whistleblower protections). 4.6.11. Statutory Partner will assist Lead Applicant staff in convening and coordinating meetings, including community meetings, and project coordination and financial management D R A F T 5 meetings, as needed. 4.6.12. Statutory Partner will also, as requested by Lead Applicant, support Collaborating Entities to ensure EPA Community Change Grant projects are completed according to their timelines and budgets, and document the achieved goals and outcomes as determined by each project’s work plan. 4.6.13. Statutory Partner will assist Lead Applicant as needed in the planning, coordination, and co-facilitation of meetings, and attend project coordination and financial management meetings. 4.6.14. Statutory Partner will assist Lead Applicant in the gathering of data and reporting on grant progress as needed and final reporting of the grant and submittal of all reports before reporting deadlines. 4.6.15. If awarded, Statutory Partner will work with Lead Applicant to develop and collaboratively execute a communications plan that will share information about the EPA CCPG, and invite and support meaningful participation by residents from the project area of North Richmond. 4.6.16. Statutory Partner will work with Lead Applicant to develop a plan to continue this transformative work beyond the grant term 5. Partnership Policies on Sustainability, Equal Opportunity, and Prevailing Wage 5.1. Sustainability. Partners agree to advocate for common sense policies and initiatives that support sustainable development, environmental conservation, and community resilience at the local, regional, and state levels in order to support the goals and objectives of creating a more livable and environmentally sustainable community for all of its constituents, including those of the Lead Applicant. 5.2. Equal Opportunity. Partners shall comply with all federal and state equal opportunity-related laws, including specifically all State of California equal employment opportunity requirements. 5.3. Minority and Local Preference. To the extent permissible under Federal and State of California Law and consistent with Federal procurement requirements, the Partners agree to implement hiring and contracting practices that give preference to minority and local individuals and firms. These practices include, but are not limited to, the following: 5.3.1. Minority Preference. 5.3.1.1. The Partners shall make a concerted effort to recruit, hire, and retain employees and contractors from minority communities. This includes outreach to minority-focused community organizations, job fairs, labor unions and educational institutions. 5.3.1.2. The Partners shall provide regular reports to the Lead Applicant detailing the efforts made and the success in hiring and engaging minority individuals and firms 5.3.2. Local Preference. 5.3.2.1. The Partners shall prioritize hiring residents from the community impacted by the grant to the maximum extent feasible. 5.3.2.2. Job postings for positions and contracts related to the Project shall be advertised within the impacted community, including in community centers, local newspapers, and local online job boards. D R A F T 6 5.3.2.3. The Partners shall collaborate with local employment agencies and workforce development programs to identify and hire qualified candidates from the impacted community. 5.4. Prevailing Wage. Partners shall pay or cause to be paid to all applicable workers employed by it or its contractors performing the work on the Project no less than the highest applicable prevailing rates of wages, as provided in the statutes and regulations applicable to public work and shall comply with any federal requirements related to prevailing wage and apprenticeship hiring that may be required in order to maximize the uptake and leverage of the Inflation Reduction Act, including Elective Pay provisions for clean energy components of the Project. 6. Dispute Resolution 6.1. To the extent any disputes arise between the Partners, the Partners agree to the following dispute escalation ladder: (i) senior representative negotiations for 30-days; (ii) mediation with an independent third-party mediator appointed by the American Arbitration Association; and (iii) only after (i) and (ii) have been exhausted, then either party may exercise its rights as afforded under applicable law. 7. Policies and Procedures for Replacing Statutory Partner 7.1. Should Lead Applicant need to replace Urban Tilth as the Statutory Partner in the Partnership, Lead Applicant will ensure the replacement Statutory Partner has the comparable expertise, experience, knowledge, and qualifications of the replaced Statutory Partner to ensure successful grant completion within three years. Replacement could become necessary for various reasons, including performance issues. To ensure the replacement Statutory Partner meets these requirements, Lead Applicant will form a Search Committee and review interested parties based on how well the replacement Statutory Partner will meet the criteria listed in Section 4.3. 7.2. Replacement will be completed with the prior approval by an authorized EPA official pursuant to 2 C.F.R. § 200.308(c)(6). 8. Subaward 8.1. The Partnership agrees, if the CCG Application is selected for award, to enter a subaward that complies with the subaward requirements in the grant regulations at 2 C.F.R. § 200.331 and in EPA’s Subaward Policy and related guidance and that contains terms and conditions including those above. 9. Termination 9.1. The terms and conditions of this Agreement shall remain in force and effect until the terms and conditions of any CCGP grant funding received by Statutory Partner, including, but not limited to, ongoing compliance obligations under the CCGP rules, expire. 10. Miscellaneous 10.1. Assignment. Neither this Agreement, nor any rights, nor any duties, nor any obligations described in this Agreement, shall be assigned or subcontracted by Statutory Partner without the prior written consent of Lead Applicant or EPA, which shall not be unreasonably withheld. In the event that Lead Applicant or EPA approve an assignment, each and all of the terms and conditions of this Agreement shall extend to the benefit of the successors and assigns of Statutory Partner. D R A F T 7 10.2. Governing Law. This Agreement shall be governed by the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance. 10.3. Forum and Venue. All actions regarding this Agreement shall have proper forum and venue in a court of competent subject matter jurisdiction in Contra Costa County, California. 10.4. Entire Agreement. This Agreement and any documents referred to herein constitute the complete understanding of the parties and merge and supersede any and all other discussions, agreements and understandings, either oral or written, between the parties with respect to the subject matter hereof. 10.5. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement. 10.6. Remedies. Notwithstanding the foregoing, if and to the extent repayment of grant funds is affirmatively waived by EPA, Statutory Partner shall not be required to repay amounts covered by such a waiver 10.7. Liability of Members to Third Parties; No Fiduciary Duties; Reliance by Third-Party Creditors. 10.7.1. Except as otherwise provided, neither Partner shall be liable for any debt, obligation or liability of the other Partner. 10.7.2. The Partners hereby agree that this Agreement is not intended to, and does not, create or impose any duty except as otherwise expressly provided in this Agreement on Partners or any affiliates, officers, directors, shareholders, partners, members, agents or employees and does not establish a separate formal legal entity under applicable law. 10.7.3. This Agreement is entered into among the Partners for their exclusive benefit and the benefit of their respective successors and permitted assigns for the Purpose set forth in the Preamble. This Agreement is expressly not intended for the benefit of any creditor of either Partner that is a party to this Agreement. Except and only to the extent provided by applicable statute, no such creditor or third party shall have any rights under this Agreement or any agreement between the Partners with respect to any contributions or otherwise. 10.8. EPA Involvement. The EPA is not a party to this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, each of the undersigned has duly executed this Agreement (or caused this Agreement to be executed on its behalf by its duly authorized officer or representative) as of the date first above written. The County of Contra Costa Urban Tilth BY: BY: PRINT NAME: Federal Glover PRINT NAME: Doria Robinson TITLE: Chair, Board of Supervisors TITLE: Executive Director DATE: DATE: 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2420 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the County Administrator, or designee to execute a contract with Sletten Construction Company, a Montana Corporation, in an amount not to exceed $590,000 for the preconstruction phase of the West County Accessible Room Compliance (WARC) Project; AUTHORIZE the use of progressive design build procurement; and AUTHORIZE the County Administrator to approve final plans, specifications and design documents. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Monica Nino, County Administrator Report Title:West County Detention Facility Accessible Room Compliance Project ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: AUTHORIZE the use of progressive design build procurement for the West County Detention Facility Accessible Room Compliance Reconfiguration (WARC) Project. APPROVE and AUTHORIZE the County Administrator, or designee to sign a contract with Sletten Construction Company, a Montana Corporation, in an amount not to exceed $590,000 for the preconstruction phase of the WARC Project. AUTHORIZE the County Administrator, or designee, to approve final plans, specifications and design documents necessary to implement and construct the WARC Project consisting of a minimum of 16 accessible rooms and associated ADA improvements at the West County Detention Facility. FISCAL IMPACT: The total cost of the WARC project is estimated at $7,000,000. With progressive design build, an initial preconstruction contract is used to design the project and establish a guaranteed maximum price (GMP) for the construction project. Once the GMP is established, County Administrator staff will return to the Board of Supervisors requesting approval for the award of a construction contract for the completion of the project and an exact budget amount for the total cost of the project. The Fiscal Year 2024-25 budget allocated $5,000,000 for the WARC project, so the cost of the preconstruction phase is fully covered. BACKGROUND: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 3 powered by Legistar™ File #:24-2420,Version:1 Located in Richmond, the West County Detention Facility (WCDF), opened in 1991, is one of three detention facilities in Contra Costa County. WCDF is a direct supervision jail designed to operate as a co-educational, program-oriented facility. The facility houses up to 1,096 inmates within the confines of five (5) separate housing units: four (4) for males, one (1) for females. In 2023, the County updated an Access Compliance Assessment Report for WCDF, including outlining construction recommendations to further transition the facility into full compliance with both 2010 ADA Standards for Accessible Design (2010 ADAS) and current State Codes. Utilizing this report, the County has identified the highest priority upgrades for accessibility. The WCDF Accessible Room Compliance Project (WARC) will include design and modernization to create sixteen (16) accessible cells across the existing campus along with associated improvements for accessible paths of travel and access to support services. For this Project, the County is utilizing the Progressive Design-Build procurement method to select a single Design-Build Entity (DBE) to provide both the design and construction of the Project through a qualifications- based selection process pursuant to Public Contract Code section 22172. In accordance with this procurement method, the County will enter into an agreement with the DBE for the Preconstruction Phase only, which includes beginning design and preconstruction activities sufficient to establish a Guaranteed Maximum Price (GMP) to finish all remaining design, preconstruction and construction activities to complete and close out the Project. Following review and negotiation of the GMP, the County, at its sole and absolute discretion, may amend the agreement awarded, if any, pursuant to this procurement to direct the DBE to complete the Project for an amount no greater than the GMP. Request for Qualifications: The Public Works Department released the RFQ on April 3, 2024. The RFQ release was communicated to known contractors, advertised in the Daily Builder, and published in the Contra Costa Times. It was posted to the Public Works Department Plan Room which is accessed via link on the Contra Costa County website under the Contracting Opportunities page. The RFQ also required the design-build teams to provide references from past projects. Specific questions included: quality of personnel and supervision, adherence to project schedule and budget. The County received response from one Design-Build team, Sletten Construction, and the project construction management firm Vanir Construction Management, Inc. reviewed the information submitted to determine responsiveness. In summary, the qualifications-based evaluation included the following: 1.Evaluation of essential requirements and experience with similar projects for each DBE Team entity, including the General Contractor, Architect, Core Subcontractors and Core Subconsultants 2.Project references 3.DBE’s described project approach 4.Cost information (including Hourly Rates and Preconstruction Cost) Following evaluation of Sletten Construction’s response, it was determined that Sletten’s Statement of Qualifications was responsive to the County’s RFQ and Sletten Construction was qualified. Sletten Construction’s fee for the Preconstruction Phase is $588,594 (breakdown as follows): 1.Complete Schematic Design: $261,703 2.Complete Design Development: $281,012 3.GMP Development: $45,879 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 3 powered by Legistar™ File #:24-2420,Version:1 The contractor will be required to enter into a Project Labor Agreement in connection with the services to be performed under the contract. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the WARC project will result in the County continuing to lack adequate ADA accessible facilities in the West County Detention Facility. CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2421 Name: Status:Type:Consent Item Passed File created:In control:7/19/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the County Administrator, or designee, to sign a revocable grant agreement with the Community Youth Center, a 501(c)(3) nonprofit corporation (CYC), in the amount of $5,000,000 to be used in the renovation of the CYC-owned property located at 1381 Galaxy Way in Concord, increasing CYC’s capacity to provide youth services. (100% Measure X) Attachments:1. Draft CYC Term Sheet final.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Monica Nino, County Administrator Report Title:10 year revocable grant of $5,000,000 to Community Youth Center (CYC) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the County Administrator, or designee, to sign a 10 year revocable grant, approved as to form by County Counsel, in the amount of $5,000,000 to the Community Youth Center (CYC) in Concord, CA to increase their capacity to provide youth services. FISCAL IMPACT: The Board of Supervisors previously approved $15,000,000 in one time Measure X funds to support the establishment of youth centers in Districts 3, 4 and 5. BACKGROUND: The Community Youth Center (CYC), a 501(c)3 non-profit corporation, was founded in 1995. The CYC has grown over the years to serve over 2,000 youth with a variety of sports, gymnastics, cheerleading and dance programs. They also have added academic tutoring and counseling among other support programs for the youth they serve. They currently operate around 37,500 square feet in several facilities located around Galaxy Court in Concord, California. CYC has taken possession of a former gym location, the former Big C Athletic Club, property at the corner of Galaxy way and Galaxy Court. This new facility is twice the size, 75,000 square feet, of their current facilities and would allow for a substantial expansion of the both the number of youth served and the number and types of programs that could be offered by CYC. In order to move into the new facility, CYC has begun construction to renovate the Big C facility for their CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.25 File #:24-2421,Version:1 intended use. CYC has already secured some grant funds with $2,000,000 from the State of California and $1,500,000 from the City of Concord. This grant from the County of $5,000,000 would fully fund their renovation program based on their current estimate, with any other necessary costs being borne by CYC. The estimated date of completion of construction is July, 2025 with an anticipated opening in September, 2025. CYC will continue offering services during construction in their existing facilities till the new building is open. The 10 year revocable grant, see attached term sheet, is designed to be forgiven at 10% ($500,000) per year to insure the County gets at least 10 years of additional service delivery from the investment of one time funds. The other part of the Measure X funding that was allocated to youth centers in Districts 3, 4, and 5 was an annual ongoing allocation of funds of $1,200,000 per youth center to support service provision. Employment and Human Services (EHSD) will administer those funds starting with a request for proposals (RFPs) for the youth service providers. CYC will be allowed to respond to those RFPs for the provision of services. CYC will coordinate with the service providers selected by EHSD, CYC and/or other selected entities, and make space available in the new facility for the selected providers to operate. CYC estimates that they will be able to approximately double the number of youth served in their new facility, growing their numbers from 2,000 to 3,800 or more. CYC current membership costs $35 per month and they have financial aid available to all who need it. They have committed to ensuring no youth are turned away due to lack of ability to pay. In addition, all Measure X supported services will be offered at no cost to participants. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the grant would delay the provision of youth services at a permanent location for several years. The amount of the grant would not provide access, either by purchase or renovation, of a facility of comparative size in the Concord area. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ Draft Capital Grant Term Sheet Required terms: 10 year revocable grant to enhance youth service delivery with CYC as a County partner. Initial grant of $5 million. Each year on the anniversary of the grant 10% ($500,000) will be forgiven. Grant will be secured with a Deed of Trust which will expire at the end of the grant period. If operations at CYC cease for any reason before the grant is forgiven the remaining balance is due back to the County within six months. The new center must be open for service delivery within 18 months of grant agreement. Current CYC programing will continue through the duration of construction. CYC to provide appropriate space for EHSD, or their identified service providers, to deliver additional services in the renovated facility at no additional cost to County. Grant requires that a MOU with County EHSD, as a result of an RFP/RFI process, is signed and outlines the services that will be provided during the grant term. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2422 Name: Status:Type:Consent Item Passed File created:In control:7/31/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the County Administrator, or designee, to execute legal documents necessary to opt-in to a settlement agreement with Kroger Company in the National Prescription Opiate Litigation and receive opioid settlement funds. (100% Kroger Company) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Monica Nino, County Administrator Report Title:National Opioid Litigation Complaint and Kroger Co. Settlement ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the County Administrator, or designee, to execute legal documents necessary to opt-in to a settlement agreement among states, counties, and the Kroger Company in the National Prescription Opiate Litigation and receive opioid settlement funds pursuant to the Kroger State Subdivision Agreement. FISCAL IMPACT: The dollar amount that the County would receive as a result of opting in to the Kroger Company settlement is yet to be determined. Preliminary estimates are as follows: the State of California will be eligible to receive up to approximately $122 million over an 11-year term. The intra-state allocation will be similar to previous opioid settlements. Of the money coming into California, 15% will go to the State, 70% will go to all counties and cities as opioid abatement funds, and 15% will go to 79 entities that filed a lawsuit against Kroger Company. Attorney’s Fees for Opioid Litigation counsel will be calculated when the settlement amount has been determined and allocations finalized. Attorney fees will be divided among the 37 California participating political subdivisions and municipalities. BACKGROUND: Over the past three years, states and counties have reached settlements with drug manufacturers, drug distributors, and pharmacy chains in the National Prescription Opiate Litigation, a series of lawsuits related to the opioid crisis. On March 22, 2024, a global settlement was reached in a lawsuit against Kroger Company, a defendant in one of the lawsuits. Contra Costa County was a party to various lawsuits related to the opioid crisis, but it is not a party to the lawsuit against Kroger. However, the terms of the Kroger Settlement permit the County to opt in and receive a portion of the settlement funds that will be distributed to the State of California. The settlement funds are required to be used for programs and related uses designed to abate the opioid crisis. To receive these funds, it is therefore recommended that the Board of Supervisors authorize the County CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2422,Version:1 Administrator, or designee, to opt-in to the Kroger Settlement. CONSEQUENCE OF NEGATIVE ACTION: If authorization to opt in to the Kroger Company global settlement agreement is not granted,Contra Costa County will not receive settlement funds pursuant to the Kroger State Subdivision Agreement. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2423 Name: Status:Type:Consent Item Passed File created:In control:7/29/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Fiscal Year 2023-24 Budget Amendment No. BDA-24-00420 to appropriate fund balance in the amount of $275,460 for Vehicle Theft Program expenditures. (100% State Vehicle Theft Program fund balance) Attachments:1. BDA-24-00420.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Budget Amendment No. BDA-24-00420 to Appropriate Fund Balance for the Vehicle Theft Program Expenditures ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Fiscal Year 2023-24 Budget Amendment No. BDA-24-00420 authorizing the transfer of fund balance in the amount of $275,460 to the Vehicle Theft Program (VTP) (0265) for additional VTP services and expenditures. FISCAL IMPACT: Schedule A of the FY 23-24 Adopted Budget includes $2,419,457 of VTP in obligated fund balance for the VTP. This amendment will reduce that amount by $275,460 and increase appropriations in the VTP by $275,460 to cover additional salary and operational expenses reported by the Sheriff’s Office, Probation Department, and the District Attorney’s Office. BACKGROUND: Existing law authorizes a county, upon the adoption of a resolution by its board of supervisors, to impose a specified fee, in addition to other fees imposed for the registration of a vehicle, to be expended in part to fund programs to deter, investigate, and prosecute vehicle theft crimes. Contra Costa County receives quarterly state allocations to fund such activities that combat vehicle theft in the following departments: Office of the Sheriff, Probation, and District Attorney’s Office. Revenues, which exclusively fund programs that enhance the capacity of local police and prosecutors to deter, CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.27 File #:24-2423,Version:1 investigate, and prosecute vehicle theft, are allocated to the VTP (Dept 0265) and expenses reported by the departments (Office of the Sheriff, Probation, and District Attorney’s Office) are reimbursed by the County Administrator’s Office on a quarterly basis. In prior years, these departments have underspent due to vacancies, which has resulted in the County carrying a fund balance. In support of spending down the growing fund balance for increased service needs in FY23-24, the County Administrator’s Office is requesting approval to cover increased operational costs in these departments with VTP fund balance. CONSEQUENCE OF NEGATIVE ACTION: If unapproved, necessary appropriations would not be allocated to cover the expenditures for FY23-24. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/03/2024 : BDA-24-00420 04:49 PM 07/31/2024 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-24-00420 Amendment Date 06/03/2024 Description Description Increase expenditure allocation in GF dept 0265-2340 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) 2340:OTHER INTRDPTMNTL CHARGES 1200 GENERAL ADMINISTRATION (Home Org) 0265 VEHICLE THEFT PROGRAM 100300 GENERAL $275,460.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9990:APPROPRIATED FUND BAL 1200 GENERAL ADMINISTRATION (Home Org) 0265 VEHICLE THEFT PROGRAM 100300 GENERAL $0.00 $275,460.00 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 07/31/2024 03:24:24 PM 08/01/2024 Elizabeth Farrell 1 Budget Amendment Event Review Budget Amendment Not Required 08/01/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/31/2024 04:27:16 PM Lara DeLaney (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/03/2024 : BDA-24-00420 04:49 PM 07/31/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Yesenia Campos (Budget Specialist (Auditor Office)) 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:224-2424 Name: Status:Type:Consent Item Passed File created:In control:7/29/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Fiscal Year 2023-24 Budget Amendment No. BDA-24-00417 to appropriate fund balance in the amount of $299,312 for Crockett-Carquinez Fire District's Station 78 completed facility upgrades. (100% Crockett-Carquinez Fire District fund balance) Attachments:1. BDA-24-00417.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 2 Pass 5:0 To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Budget Amendment No. BDA-24-00417 to Appropriate Fund Balance for Facility Improvement Projects ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Budget Amendment No. BDA-24-00417 authorizing the appropriation of fund balance in the amount of $199,312 and transferring expenditures for facilities improvement project expenditures at Crockett- Carquinez Fire District’s (District) Station 78. FISCAL IMPACT: This action increases appropriations in the District (7028) by $299,312 for much needed facility repairs and partially offset by the use of fund balance reserve and underspent expenditures, as approved by the County Administrator’s Office earlier in the fiscal year. BACKGROUND: In August of 2023, the Crockett-Carquinez Fire Chief engaged the County Administrator’s Office seeking support for various facility repairs to its Station 78. Using a portion of the District’s FY 2022-23 year-end fund balance of $826,036 was determined to be the most appropriate allocation for the requested expenditures. In consideration of the fund balance amount, the most pressing upgrades and repairs were approved. The approved requests included replacing the Station’s single-pane windows and necessary updates to the dormitory restrooms and showers. By year-end, the District had underspent by $100,000 in “other charges” sub-object expenditures, which will offset a portion of the facility upgrades and repairs and minimize the amount of fund balance needed. Approval of the requested appropriations will provide a budget that aligns year-end CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.28 File #:24-2424,Version:2 expenditures to cover the facility upgrades and repair costs. CONSEQUENCE OF NEGATIVE ACTION: The Crockett-Carquinez Fire District’s budget will not align with the year-end expenditures. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00417 08:10 AM 08/01/2024 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-24-00417 Amendment Date 06/30/2024 Description Balance C-C FD for salary increases and approved apparatus purchases 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) 9990:APPROPRIATED FUND BAL 1200 GENERAL ADMINISTRATION (Home Org) 7028 CROCKETT CAR FIRE PROT 202800 CROCKETT CAR FIRE PROT $0.00 $199,312.00 Use of Fund Balance for one- time purchases Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 4953:AUTOS & TRUCKS 1200 GENERAL ADMINISTRATION (Home Org) 7028 CROCKETT CAR FIRE PROT 202800 CROCKETT CAR FIRE PROT $1,887.00 $0.00 Mid-year vehicle purchase Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 4948:MISCELLANEOUS EQUIPMENT 1200 GENERAL ADMINISTRATION (Home Org) 7028 CROCKETT CAR FIRE PROT 202800 CROCKETT CAR FIRE PROT $277,425.00 $0.00 Mid-year equipment purchase Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3611:INTERFUND EXP - GOV/GOV 1200 GENERAL ADMINISTRATION (Home Org) 7028 CROCKETT CAR FIRE PROT 202800 CROCKETT CAR FIRE PROT $0.00 $100,000.00 Unrealized expenditures - offset apparatus purchase Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1011:PERMANENT SALARIES 1200 GENERAL ADMINISTRATION (Home Org) 7028 CROCKETT CAR FIRE PROT 202800 CROCKETT CAR FIRE PROT $20,000.00 $0.00 Increase salary due to Minimum Wage increase Warning : - Home Org on Budget Line Not Equal Initiator's Home Org Process History View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00417 08:10 AM 08/01/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/26/2024 04:09:50 PM 07/27/2024 Enid Mendoza 1 Budget Amendment Event Review Budget Amendment Not Required 07/27/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/26/2024 04:16:56 PM Lara DeLaney (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/31/2024 05:00:32 PM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: For dept to update credits and debits Budget Amendment Event Budget Amendment Event Submitted 08/01/2024 06:05:19 AM 07/27/2024 Enid Mendoza 1 Budget Amendment Event Review Budget Amendment Not Required 07/27/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 08/01/2024 07:29:39 AM Laura Strobel (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2345 Name: Status:Type:Consent Item Passed File created:In control:7/12/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE amendments to the list of designated positions of the Mt. View Sanitary District's Conflict of Interest Code, as recommended by County Counsel. Attachments:1. Exhibit A - Conflict of Interest Code Appendix A for the Mt. View Sanitary District.pdf, 2. Exhibit B - Conflict of Interest Code Appendix A for the Mt. View Sanitary District - REDLINE.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Thomas L. Geiger, County Counsel Report Title:Conflict of Interest Code of the Mt. View Sanitary District ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE amendments to the list of designated positions in Appendix A of the Mt. View Sanitary District’s Conflict of Interest Code. FISCAL IMPACT: None. BACKGROUND: The Mt. View Sanitary District has amended Appendix A to its conflict of interest code and submitted the revised Appendix A, attached as Exhibit A, to the Board for approval pursuant to Government Code sections 87306 and 87306.5. The list of designated positions in Appendix A has been revised to add and delete positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code for the Mt. View Sanitary District accurately reflects its current positions and organizational structure. The changes are shown on the attached red-line version of Appendix A included as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. cc: Monica Nino, Clerk of the Board of Supervisors; Kurtis C. Keller, Deputy County Counsel; Stephanie L. Seregin, Board Secretary, Mt. View Sanitary District CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.29 File #:24-2345,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2346 Name: Status:Type:Consent Item Passed File created:In control:7/12/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE amendments to the List of Designated Positions of the Office of the Sheriff's Conflict of Interest Code, as recommended by County Counsel. Attachments:1. Exhibit A - Office of the Sheriff COI Code - List of Designated Positions.pdf, 2. Exhibit B - Office of the Sheriff COI Code - List of Designated Positions - REDLINED.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Thomas L. Geiger, County Counsel Report Title:Conflict of Interest Code for the Office of the Sheriff ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE amendments to the List of Designated Positions of the Office of the Sheriff’s Conflict of Interest Code. FISCAL IMPACT: None. BACKGROUND: The Office of the Sheriff has amended the List of Designated Positions of its Conflict of Interest Code and submitted the revised List of Designated Positions, attached as Exhibit A, to the Board of Supervisors for approval pursuant to Government Code sections 87306 and 87306.5. The List of Designated Positions has been revised to add and delete positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the Office of the Sheriff. A red-lined version of the List of Designated Positions is included as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.30 File #:24-2346,Version:1 cc:Monica Nino, Clerk of the Board of Supervisors; Kurtis C. Keller, Deputy County Counsel; Susan Lyon, Executive Assistant to the Sheriff CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2392 Name: Status:Type:Consent Item Passed File created:In control:7/9/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a non-financial interagency agreement with the Foster Youth Services Coordinating Program, Executive Advisory Council stakeholders which documents how county partners work together to support the educational needs and achievement of foster youth in Contra Costa County for the period July 1, 2024 through June 30, 2029. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:CFS - Agreement # 20-479-0 Contra Costa County Foster Youth Interagency Agreement ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a non- financial interagency agreement with the Foster Youth Services Coordinating Program, Executive Advisory Council stakeholders which documents how county partners work together to support the educational needs and achievement of foster youth in Contra Costa County for the period July 1, 2024 through June 30, 2029. FISCAL IMPACT: This is a non-financial agreement. BACKGROUND: This interagency agreement is a collaboration between multiple county partners representing the Foster Youth Services Coordinating Program, Executive Advisory Council including EHSD Children and Family Services, Contra Costa County Probation, Office of the Public Defender, Court Appointed Special Advocates (CASA) of Contra Costa County, Contra Costa County Office of Education (CCCOE) and the County School Districts. The agreement was developed to specify the roles and responsibilities of the participating agencies and to establish procedures for the local implementation of relevant state and federal laws supporting the educational needs and CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2392,Version:1 achievement of foster youth within Contra Costa County. This Agreement contains mutual indemnification language. CONSEQUENCE OF NEGATIVE ACTION: Without the documented agreement amongst county partners, foster youth will experience increased barriers in accessing and receiving educational needs to help support academic achievement. CHILDREN'S IMPACT STATEMENT: This Agreement supports four of the five community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; and 4) "Families that are Safe, Stable and Nurturing" by supporting the educational needs amongst county partners for foster youth. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:224-2393 Name: Status:Type:Consent Item Passed File created:In control:6/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Budget Amendment No. BDA-24-00257 authorizing an adjustment to the Employment and Human Services (EHSD), Community Services Bureau (0589) expenditure and revenue budget as part of the EHSD’s FY 2023/24 Budget Rebalance (Mid-Year Adjustment). Attachments:1. BDA-24-00257-1.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 2 Pass 5:0 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Approve Budget Amendment No. BDA-24-00257 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Approve Budget Amendment No. BDA-24-00257 authorizing an adjustment to Employment and Human Services Department (EHSD), Community Services Bureau (CSB)(0589) expenditure and revenue budget as part of the EHSD’s FY 2023/24 Budget Rebalance (Mid-Year Adjustment). FISCAL IMPACT: This action is to adjust the expenditure and revenue budgets to more accurately reflect budgetary requirements for the Community Services Bureau (0589) for FY 2023/24. The increases are due to revenues from State Contracts more than previously budgeted. CSB has an increase in both the expenditure and revenue budgets of $8,637,968. There is no additional net county cost. BACKGROUND: The Employment and Human Services Department, as part of the FY 2023/24 budget rebalancing, has identified the need for corrections to the FY 2023/24 budget to better align the expenditure and revenue expectations for FY 2023/24. CONSEQUENCE OF NEGATIVE ACTION: Appropriations and estimated revenues will not be properly reflected in the FY 23/24 budget. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.32 File #:24-2393,Version:2 CHILDREN’S IMPACT STATEMENT: The Employment and Human Services Department Children and Family Services Bureau (CFS) and Workforce Services Bureau (WFS) Department support five (5) of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 2: “Children and Youth Healthy and Preparing for Productive Adulthood,” Outcome 3: “Families that are Economically Self-sufficient,” and Outcome 4: “Families that are Safe, Stable, and Nurturing,” Outcome 5: “Communities that are Safe and Provide a High Quality of Life for Children and Families.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 1 of 12 Company Contra Costa County Budget Template Operating Budget : FY2023-24 Operating Budget Budget FY2023-24 Operating Budget Organizing Dimension Type Amendment ID BDA-24-00257 Amendment Date 06/18/2024 Description CSB Mid-Year Adjustment 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) 1043:RET EXP-PRE 1997 RETIREES 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $52,963.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2270:MAINTENANCE -EQUIPMENT 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $500.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1070:WORKERS COMPENSATION INS 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $33,015.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2251:COMPUTER SOFTWARE COST 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $24,216.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1019:COMP & S D I RECOVERIES 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $15,636.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2132:MINOR COMPUTER EQUIPMENT 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $15,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 2 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 1015:DEFERRED COMP CTY CONTRB 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $14,475.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9432:ST AID SEOO PROGRAMS 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $5,668,460.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1081:LABOR RECEIVED/PROVIDED 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $398,381.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2111:TELEPHONE EXCHNGE SERVICE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $1,386.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2110:COMMUNICATIONS 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $772.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3614:DOIT PHONE EXCHANGE 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $669.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2103:POSTAGE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $8,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2200:MEMBERSHIPS 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $600.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2477:ED SUPPLIES AND COURSES 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $38,948.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 3 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2250:RENTS & LEASES -EQUIPMENT 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $867.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2467:TRAINING & REGISTRATIONS 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $1,791.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2132:MINOR COMPUTER EQUIPMENT 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $1,250.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2303:OTHER TRAVEL EMPLOYEES 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $500.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2100:OFFICE EXPENSE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $274.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2250:RENTS & LEASES -EQUIPMENT 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $256.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2251:COMPUTER SOFTWARE COST 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $30,600.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2170:HOUSEHOLD EXPENSE 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $300.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2131:MINOR FURNITURE/EQUIPMENT 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $10,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 4 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2111:TELEPHONE EXCHNGE SERVICE 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $1,811.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2110:COMMUNICATIONS 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $952.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1011:PERMANENT SALARIES 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $775,206.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1014:PERMANENT OVERTIME 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $404.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1013:TEMPORARY SALARIES 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $8,839.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9421:ST AID CHILD DAY CARE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $3,243,875.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5011:REIMBURSEMENTS-GOV/GOV 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $0.00 $1,036,907.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3626:INFO SECURITY CHG 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $0.00 $413.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3622:GEN SVC-OTHER GS CHARGES 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $0.00 $2,164.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 5 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 3619:GEN SVC-BLDG OCPNCY COSTS 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $598.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3615:DOIT DATA PROC SVCS 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $328.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3611:INTERFUND EXP - GOV/GOV 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $0.00 $3,686.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3318:CHILD DAY CARE AID 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $6,459,424.00 $0.00 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 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $2,928.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2467:TRAINING & REGISTRATIONS 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $724.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2314:CONTRACTED TEMPORARY HELP 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $278.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $0.00 $6,458.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2251:COMPUTER SOFTWARE COST 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $1,388.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 6 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2250:RENTS & LEASES -EQUIPMENT 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $2,460.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1081:LABOR RECEIVED/PROVIDED 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $0.00 $395,788.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1070:WORKERS COMPENSATION INS 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $25,219.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1063:UNEMPLOYMENT INSURANCE 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $1,566.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1060:EMPLOYEE GROUP INSURANCE 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $116,923.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1044:RETIREMENT EXPENSE 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $183,430.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1042:F.I.C.A.5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $58,042.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3619:GEN SVC-BLDG OCPNCY COSTS 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $1,438.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1015:DEFERRED COMP CTY CONTRB 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $14,686.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 7 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 3615:DOIT DATA PROC SVCS 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $19,563.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1013:TEMPORARY SALARIES 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $44,281.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3626:INFO SECURITY CHG 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $4,954.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3614:DOIT PHONE EXCHANGE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $440.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5011:REIMBURSEMENTS-GOV/GOV 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $863,480.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3618:DOIT OTHER TELCOM CHARGES 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $353.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 4953:AUTOS & TRUCKS 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $250,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5011:REIMBURSEMENTS-GOV/GOV 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $227,748.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3626:INFO SECURITY CHG 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $3,245.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 8 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 3618:DOIT OTHER TELCOM CHARGES 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $300.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3615:DOIT DATA PROC SVCS 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $7,260.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2200:MEMBERSHIPS 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $492.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3611:INTERFUND EXP - GOV/GOV 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $1,596.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2131:MINOR FURNITURE/EQUIPMENT 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $484.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2467:TRAINING & REGISTRATIONS 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $154.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2103:POSTAGE 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $0.00 $4,702.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2314:CONTRACTED TEMPORARY HELP 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $923.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2102:BOOKS-PERIODICLS-SUBSCRPT 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $8,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 9 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2303:OTHER TRAVEL EMPLOYEES 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $2,876.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2100:OFFICE EXPENSE 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $3,233.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3318:CHILD DAY CARE AID 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $2,081,190.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9421:ST AID CHILD DAY CARE 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $0.00 $6,213,383.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $2,122.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1011:PERMANENT SALARIES 5101 ADMINISTRATION (Home Org) 1862 CAL/WORKS CAPP OPERATIONS 111600 CHILD DEVELOPMEN T FUND $739,017.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2335:OTHER TELECOM CHARGES 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $656.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3620:GEN SVC-REQUESTED MNTCE 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $10,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3622:GEN SVC-OTHER GS CHARGES 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $11,636.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 10 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 3619:GEN SVC-BLDG OCPNCY COSTS 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $383.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1044:RETIREMENT EXPENSE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $218,068.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3611:INTERFUND EXP - GOV/GOV 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $2,234,643.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1061:RETIREE HEALTH INSURANCE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $3,492.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2490:MISC SERVICES & SUPPLIES 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $700.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1060:EMPLOYEE GROUP INSURANCE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $221,280.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2360:INSURANCE 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $1,173.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1063:UNEMPLOYMENT INSURANCE 5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $4,831.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $4,642,171.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 11 of 12 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 1042:F.I.C.A.5101 ADMINISTRATION (Home Org) 1874 CALWORKS STAGE 2 CENTER 111600 CHILD DEVELOPMEN T FUND $0.00 $75,619.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2301:AUTO MILEAGE EMPLOYEES 5101 ADMINISTRATION (Home Org) 1802 OPERATION/CSPP- FD 111600 CHILD DEVELOPMEN T FUND $0.00 $370.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org 23-24 CSB Rebalance Spreadsheet 7.18.24.xlsx File Name 23-24 CSB Rebalance Spreadsheet 7.18.24.xlsx Content Type application/vnd.openxmlformats-officedocument.spreadsheetml.sheet Updated By Christopher Dunn Upload Date 07/18/2024 03:46:14 PM Comment FY 23-24 CSB Budget Rebalance TEMP-4686.docx File Name FY 23-24 CSB Budget Rebalance TEMP-4686.docx Content Type application/vnd.openxmlformats-officedocument.wordprocessingml.document Updated By Christopher Dunn Upload Date 07/18/2024 03:46:14 PM Comment Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 06/25/2024 10:19:40 AM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 03:03:50 PM Erik Brown (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/11/2024 09:10:03 AM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: Return for dept to make updates Budget Amendment Event Budget Amendment Event Submitted 07/11/2024 09:23:20 AM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00257 09:03 AM 08/01/2024 Page 12 of 12 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Approval by Department Approver – Budget Amendment Sent Back 07/11/2024 09:44:34 AM Arti Bhandari (Department Approver – Budget Amendment) 1 Send Back Reason from Arti Bhandari: Sent back as requested. Budget Amendment Event Budget Amendment Event Submitted 07/11/2024 12:37:18 PM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Sent Back 07/18/2024 03:22:33 PM Erik Brown (Department Approver – Budget Amendment) 1 Send Back Reason from Erik Brown: Adjustments needed Budget Amendment Event Budget Amendment Event Submitted 07/18/2024 03:46:15 PM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/26/2024 03:39:40 PM Erik Brown (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2394 Name: Status:Type:Consent Item Passed File created:In control:6/26/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Budget Amendment No. BDA-24-00258 authorizing an adjustment to the Employment and Human Services Department (EHSD), Workforce Development Board (0583) and Domestic Violence Victim Assistance (Alliance) (0585) expenditure and revenue budgets as part of the EHSD’s FY 2023/24 Budget Rebalance (Mid-Year Adjustment). Attachments:1. BDA-24-00258.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Approve Budget Amendment No. BDA-24-00258 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Approve Budget Amendment No. BDA-24-00258 authorizing an adjustment to Employment and Human Services Department (EHSD), Workforce Development Board (WDB)(0583) and Domestic Violence Victim Assistance (Alliance) (0585) expenditure and revenue budgets as part of the EHSD’s FY 2023/24 Budget Rebalance (Mid-Year Adjustment). FISCAL IMPACT: This action is to adjust the expenditure and revenue budgets to more accurately reflect budgetary requirements for the Workforce Development Board (0583) and Domestic Violence Victim Assistance for FY 2023/24. The increases are due to revenues from WIOA funding being more than previously budgeted and a decline in revenues for Domestic Violence Victim Assistance due to an expired grant. WDB has an increase of $1,090,403 and (Alliance) of $50,000. There is no additional net county cost. BACKGROUND: The Employment and Human Services Department, as part of the FY 2023/24 budget rebalancing, has identified the need for corrections to the FY 2023/24 budget to better align the expenditure and revenue expectations for FY 2023/24. CONSEQUENCE OF NEGATIVE ACTION: Appropriations and estimated revenues will not be properly reflected in the FY 23/24 budget. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.33 File #:24-2394,Version:1 CHILDREN’S IMPACT STATEMENT: The Employment and Human Services Department Workforce Development Board (WDB) and Domestic Violence Victim Assistance (Alliance) bureaus support three (3) of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 1 of 11 Company Contra Costa County Budget Template Operating Budget : FY2023-24 Operating Budget Budget FY2023-24 Operating Budget Organizing Dimension Type Amendment ID BDA-24-00258 Amendment Date 06/18/2024 Description Mid Year Budget Amendment 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) 9555:FED AID EMPLOY & TRAINING 5101 ADMINISTRATION (Home Org) 5688 WIA YOUTH PROG 100300 GENERAL $0.00 $456,381.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9966:MISC GRANTS & DONATIONS 5101 ADMINISTRATION (Home Org) 5674 ADDITIONAL ASSISTANCE 100300 GENERAL $0.00 $310,482.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9555:FED AID EMPLOY & TRAINING 5101 ADMINISTRATION (Home Org) 5674 ADDITIONAL ASSISTANCE 100300 GENERAL $958,128.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9555:FED AID EMPLOY & TRAINING 5101 ADMINISTRATION (Home Org) 5669 WORKFORCE ACCELERATOR 100300 GENERAL $0.00 $281,750.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9555:FED AID EMPLOY & TRAINING 5101 ADMINISTRATION (Home Org) 5667 REGIONAL TRAING ORGANIZER 100300 GENERAL $0.00 $279,891.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9555:FED AID EMPLOY & TRAINING 5101 ADMINISTRATION (Home Org) 5666 REGIONAL IMPLMNTN GRANT 100300 GENERAL $0.00 $67,224.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 2 of 11 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 9555:FED AID EMPLOY & TRAINING 5101 ADMINISTRATION (Home Org) 5656 WIA DISLOCATED WORKER PGM 100300 GENERAL $0.00 $237,155.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9555:FED AID EMPLOY & TRAINING 5101 ADMINISTRATION (Home Org) 5608 WIA ADULT PROG 100300 GENERAL $0.00 $317,679.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9555:FED AID EMPLOY & TRAINING 5101 ADMINISTRATION (Home Org) 5602 TITLE III RAPID RESPONSE 100300 GENERAL $0.00 $97,969.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5688 WIA YOUTH PROG 100300 GENERAL $456,038.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1081:LABOR RECEIVED/PROVIDED 5101 ADMINISTRATION (Home Org) 5688 WIA YOUTH PROG 100300 GENERAL $10,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5674 ADDITIONAL ASSISTANCE 100300 GENERAL $0.00 $67,554.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3316:SERVICE CONNECTED AID 5101 ADMINISTRATION (Home Org) 5674 ADDITIONAL ASSISTANCE 100300 GENERAL $0.00 $1,574,064.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2340:OTHER INTRDPTMNTL CHARGES 5101 ADMINISTRATION (Home Org) 5674 ADDITIONAL ASSISTANCE 100300 GENERAL $837,450.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 5674 ADDITIONAL ASSISTANCE 100300 GENERAL $143,557.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 3 of 11 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 1081:LABOR RECEIVED/PROVIDED 5101 ADMINISTRATION (Home Org) 5674 ADDITIONAL ASSISTANCE 100300 GENERAL $12,965.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 5669 WORKFORCE ACCELERATOR 100300 GENERAL $284,515.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5669 WORKFORCE ACCELERATOR 100300 GENERAL $0.00 $2,765.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 5667 REGIONAL TRAING ORGANIZER 100300 GENERAL $131,542.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1081:LABOR RECEIVED/PROVIDED 5101 ADMINISTRATION (Home Org) 5667 REGIONAL TRAING ORGANIZER 100300 GENERAL $148,349.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5666 REGIONAL IMPLMNTN GRANT 100300 GENERAL $0.00 $6,685.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 5666 REGIONAL IMPLMNTN GRANT 100300 GENERAL $73,909.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2131:MINOR FURNITURE/EQUIPMENT 5101 ADMINISTRATION (Home Org) 5656 WIA DISLOCATED WORKER PGM 100300 GENERAL $132,040.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5656 WIA DISLOCATED WORKER PGM 100300 GENERAL $69,401.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 4 of 11 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 3316:SERVICE CONNECTED AID 5101 ADMINISTRATION (Home Org) 5656 WIA DISLOCATED WORKER PGM 100300 GENERAL $43,131.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2301:AUTO MILEAGE EMPLOYEES 5101 ADMINISTRATION (Home Org) 5656 WIA DISLOCATED WORKER PGM 100300 GENERAL $2,600.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2490:MISC SERVICES & SUPPLIES 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $300.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2360:INSURANCE 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $1,872.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $509,714.00 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 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $78,664.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2467:TRAINING & REGISTRATIONS 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $30,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2335:OTHER TELECOM CHARGES 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $16,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2330:OTHER GEN SVCS CHARGES 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $18,384.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 5 of 11 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2328:ADMINISTRATIVE SERVICE 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $20,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2326:INFORMATION SECURITY CHG 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $1,954.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2316:DATA PROCESSING SUPPLIES 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $3,500.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2315:DATA PROCESSING SERVICE 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $19,661.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $574,982.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2305:FREIGHT DRAYAGE EXPRESS 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $300.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2303:OTHER TRAVEL EMPLOYEES 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $29,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2301:AUTO MILEAGE EMPLOYEES 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $11,517.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2300:TRANSPORTATION AND TRAVEL 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $4,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 6 of 11 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2284:REQUESTED MAINTENANCE 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $11,501.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2270:MAINTENANCE -EQUIPMENT 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $17,300.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2262:BLDG OCCUPANCY COSTS 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $14,313.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2260:RENTS & LEASES -PROPERTY 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $5,371.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2250:RENTS & LEASES -EQUIPMENT 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $9,400.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2200:MEMBERSHIPS 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $20,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 9966:MISC GRANTS & DONATIONS 5101 ADMINISTRATION (Home Org) 0585 DOM VIOLENCE VICTIM ASIST 112500 DOM VIOLENCE VICTIM ASIST $0.00 $50,000.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2190:PUBLICATNS & LEGL NOTICES 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $22,000.00 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 5101 ADMINISTRATION (Home Org) 0585 DOM VIOLENCE VICTIM ASIST 112500 DOM VIOLENCE VICTIM ASIST $50,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 7 of 11 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2150:FOOD 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $1,491.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2111:TELEPHONE EXCHNGE SERVICE 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $135.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2110:COMMUNICATIONS 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $6,267.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2103:POSTAGE 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $1,650.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2100:OFFICE EXPENSE 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $0.00 $7,115.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1081:LABOR RECEIVED/PROVIDED 5101 ADMINISTRATION (Home Org) 5619 PIC HOLDING 100300 GENERAL $10,274.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2260:RENTS & LEASES -PROPERTY 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $3,200.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2131:MINOR FURNITURE/EQUIPMENT 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $131,751.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $0.00 $200,656.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 8 of 11 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2490:MISC SERVICES & SUPPLIES 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $200.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2328:ADMINISTRATIVE SERVICE 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $7,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2251:COMPUTER SOFTWARE COST 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $650.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2190:PUBLICATNS & LEGL NOTICES 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $150.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2150:FOOD 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $16,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2100:OFFICE EXPENSE 5101 ADMINISTRATION (Home Org) 5610 SLINGSHOT 100300 GENERAL $22,444.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2131:MINOR FURNITURE/EQUIPMENT 5101 ADMINISTRATION (Home Org) 5608 WIA ADULT PROG 100300 GENERAL $78,492.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5608 WIA ADULT PROG 100300 GENERAL $163,172.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 3316:SERVICE CONNECTED AID 5101 ADMINISTRATION (Home Org) 5608 WIA ADULT PROG 100300 GENERAL $119,384.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 9 of 11 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 5101 ADMINISTRATION (Home Org) 5608 WIA ADULT PROG 100300 GENERAL $0.00 $33,333.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 5101 ADMINISTRATION (Home Org) 5602 TITLE III RAPID RESPONSE 100300 GENERAL $35,969.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2303:OTHER TRAVEL EMPLOYEES 5101 ADMINISTRATION (Home Org) 5602 TITLE III RAPID RESPONSE 100300 GENERAL $2,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 2200:MEMBERSHIPS 5101 ADMINISTRATION (Home Org) 5602 TITLE III RAPID RESPONSE 100300 GENERAL $20,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2023-24 Year (FY2023-24 Operating Budget) 1081:LABOR RECEIVED/PROVIDED 5101 ADMINISTRATION (Home Org) 5602 TITLE III RAPID RESPONSE 100300 GENERAL $40,000.00 $0.00 Warning : - Home Org on Budget Line Not Equal Initiator's Home Org WDB Rebalance - Accounting Adjustments (DM).xlsx File Name WDB Rebalance - Accounting Adjustments (DM).xlsx Content Type application/vnd.openxmlformats-officedocument.spreadsheetml.sheet Updated By Steven Thysell Upload Date 06/18/2024 02:30:37 PM Comment FY 23-24 WDB & Alliance Budget Rebalance TEMP-4693.docx File Name FY 23-24 WDB & Alliance Budget Rebalance TEMP-4693.docx Content Type application/vnd.openxmlformats-officedocument.wordprocessingml.document Updated By Christopher Dunn Upload Date 07/18/2024 03:37:55 PM Comment Process History View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 10 of 11 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 06/25/2024 04:06:59 PM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Sent Back 07/01/2024 10:41:15 AM Erik Brown (Department Approver – Budget Amendment) 1 Send Back Reason from Erik Brown: Sending back - 0585 entries are reversed Budget Amendment Event Budget Amendment Event Submitted 07/01/2024 12:01:04 PM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 03:05:27 PM Erik Brown (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/08/2024 12:33:20 PM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: Please round. Thank you Budget Amendment Event Budget Amendment Event Submitted 07/08/2024 02:32:58 PM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Sent Back 07/08/2024 03:22:40 PM Arti Bhandari (Department Approver – Budget Amendment) 1 Send Back Reason from Arti Bhandari: Sending back per your request. Budget Amendment Event Budget Amendment Event Submitted 07/08/2024 04:04:50 PM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Sent Back 07/18/2024 03:22:48 PM Erik Brown (Department Approver – Budget Amendment) 1 Send Back Reason from Erik Brown: Adjustments needed Budget Amendment Event Budget Amendment Event Submitted 07/18/2024 03:37:56 PM 06/26/2024 Christopher Dunn 1 Budget Amendment Event Review Budget Amendment Not Required 06/26/2024 0 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/18/2024 : BDA-24-00258 09:17 AM 08/01/2024 Page 11 of 11 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/26/2024 03:39:35 PM Erik Brown (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2395 Name: Status:Type:Consent Item Passed File created:In control:7/9/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE clarification of Board action of June 25, 2024, C.85, to reflect that the Memorandum of Understanding with the California Department of Aging relates to coordination of Older Americans Act and Older Californians Act services to eligible persons, with no change to payment limit of $6,938,582 or term July 1, 2024 through June 30, 2029. (71% Federal, 29% State) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Approve Clarification of item # 24-1871 (Contract 29-518-0 AAA) with California Department of Aging, Older Americans Act Funding. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE clarification of Board action of June 25, 2024, File No. 24-1871, for Memorandum of Understanding with the California Department of Aging, to reflect the intent of the parties to change the programs that are being represented from the Health Insurance Counseling and Advocacy Program and the Medicare Improvement for Patients and Providers Act to the Older Americans Act and Older Californians Act services, with no change to the terms and conditions. FISCAL IMPACT: $6,938,582: Funding is 71% Federal $4,927,630 and 29% State $2,010,952. A match of $624,472 is required, $199,831 will be met by the County through net county cost and $424,641 is met by subcontractors, all of which is budgeted in FY 2024-25. BACKGROUND: This staff report is to clarify the programs represented in the MOU that were omitted in error.The MOU and funding represents Older Americans Act and Older Californians Act Services. The Employment and Human Services Department’s Area Agency on Aging (AAA), provides services to residents 60 years and older, adults with disabilities, and family caregivers in Contra Costa County, as defined CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2395,Version:1 in the Older Americans Act (OAA) Title IIIB, Title IIID, Title IIIE, and Title VII programs. The AAA is mandated by the OAA to submit an Area Plan to the CDA, which is updated annually, that delineates the service levels, goals, and objectives of the AAA and contracted providers for the fiscal year to serve the client populations. Services include, but are not limited to, supportive services, ombudsman services, congregate meals, home delivered meals, disease prevention, family caregiver services, legal services, and elder abuse prevention services. Memorandum of Understanding (MOU) Number AAA-2425-07 with CDA provides funding to enable the AAA to deliver the services and fulfill the goals and objectives set forth in its Area Plan Update for fiscal year 2024- 25. Additionally, per section 8.A.iii, the MOU allows for execution of the original MOU and all subsequent amendments through the period of July 1, 2024 through June 30, 2029. Subsequent allocations by CDA through June 30, 2029 will not require an additional signed MOU. Additional amendments will be budgeted in the fiscal year referenced. CONSEQUENCE OF NEGATIVE ACTION: Without funding, services for older adults, family caregivers, and persons with disabilities in Contra Costa County would be reduced. CHILDREN'S IMPACT STATEMENT: This MOU supports the fourth community outcome of Contra Costa County’s Children’s Report Card: “Families that are Safe, Stable and Nurturing.” CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2396 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ACCEPT the Implementation Plan for Measure X Funded Youth Centers as submitted by the Employment and Human Services Department. Attachments:1. MX Youth Centers_Implementation Plan_7.24.24 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Implementation Plan for Measure X Funded Youth Centers ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT the Implementation Plan for Measure X Funded Youth Centers as submitted by the Employment and Human Services Department (EHSD). FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: Measure X is a 20-year, ½ cent sales tax approved by Contra Costa County voters in November 2020 to fund essential health, safety net and social services. Based on a recommendation by the Measure X Community Advisory Board, the Board of Supervisors previously approved Measure X funding for the development of three new youth centers in supervisorial Districts 3, 4, and 5. The Board also designated EHSD to administer the funds and oversee the ongoing operations of the youth centers. The attached Implementation Plan for Measure X-Funded Youth Centers summarizes quantitative and qualitative planning data that will be used to inform both the design of the youth centers and the upcoming Request for Proposals that EHSD will administer to select Measure X-funded youth service providers. The plan summarizes findings from multiple inputs to the planning process, including the following: (1) An 8- month community engagement process that gathered feedback from 488 residents and service providers in Districts 3, 4, and 5 who attended community listening sessions and 329 individuals who responded to an online survey. Youth and young adults under the age of 25 comprised 45% of total participants. The full CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.35 File #:24-2396,Version:1 Measure X Youth Centers Community Engagement Report is included as an appendix to the Implementation Plan. (2) Analysis of demographic data on youth in Contra Costa County and in Districts 3, 4 and 5. (3) Key informant interviews with public sector partners to understand the current youth services landscape, gaps in the service delivery system and opportunities for youth centers to leverage and coordinate with existing services. (4) A review of pre-existing local needs assessments to cull insights relevant to the youth centers planning process. (5) A literature review of best practices in youth service delivery. In addition to background and planning information, the Implementation Plan previews upcoming activities to advance the implementation of the youth centers and provides a high-level implementation plan and timeline specific to each of the three supervisorial districts. (6) The draft documents were posted for public comment and input was incorporated. On July 16th, the Workforce Development Board of Contra Costa County's Youth Committee approved forwarding the Implementation Plan with the Community Engagement Report as an attachment to the Board of Supervisors for consideration. CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, the opening of the Youth Centers and their service offerings may be delayed, consequently postponing youths’ access to critical services and support. CHILDREN'S IMPACT STATEMENT: This contract extension supports all of Contra Costa County’s community outcomes of the Children’s Report Card”, (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families” CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ IMPLEMENTATION PLAN for Measure X-Funded Youth Centers JULY 2024 2 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Contents Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Overview of Measure X ..................................................................................................................................6 Board Approval and Budget ...........................................................................................................................7 Overview of Youth Centers Planning Process .................................................................................................8 Profile of Youth in Contra Costa County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Countywide Demographic Data .....................................................................................................................9 Countywide Service Data .............................................................................................................................11 County Partner Feedback & Collaboration Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Feedback on Service Areas ...........................................................................................................................12 Additional Areas of Feedback .......................................................................................................................16 Best Practices in Serving Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 Positive Youth Development ........................................................................................................................18 Program Strategies and Interventions .........................................................................................................18 Organizational Best Practices ......................................................................................................................19 Implementation Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Site Selection ...............................................................................................................................................20 Provider Selection .......................................................................................................................................20 Partnership Development ............................................................................................................................20 Board Approvals ..........................................................................................................................................20 Execution of District Plans ............................................................................................................................21 District 3 Youth Center Implementation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Population Focus .........................................................................................................................................22 Priority Programs and Services ....................................................................................................................22 Location and Hours ......................................................................................................................................23 Timeline and Next Steps ..............................................................................................................................23 District 4 Youth Center Implementation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Population Focus .........................................................................................................................................24 Priority Programs and Services ....................................................................................................................24 Location and Hours ......................................................................................................................................25 Timeline and Next Steps ..............................................................................................................................25 District 5 Youth Center Implementation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Population Focus .........................................................................................................................................26 Priority Programs and Services ....................................................................................................................27 Location and Hours ......................................................................................................................................27 Timeline and Next Steps ..............................................................................................................................27 Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Appendix A: Contra Costa County Measure X Youth Centers Community Engagement Report . . . . . . . . . . .30 Appendix B: List of Existing Needs Assessments Reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 Appendix C: Literature Review Citations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 Appendix D: Data Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 3 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Acknowledgements The Contra Costa County Employment and Human Services Department (EHSD) extends gratitude to the many individuals and organizations who contributed to the development of this plan, including: Offices of the Contra Costa Board of Supervisors: »District 3 Supervisor Diane Burgis and her staff »District 4 Supervisor Ken Carlson and his staff »District 5 Supervisor Federal D. Glover and his staff The Workforce Development Board of Contra Costa County, its staff, its Youth Committee, and the members of the Measure X Youth Centers Ad Hoc Committee: »Gina Del Carlo, Earn & Learn »Kiki Farris, Contra Costa County Probation Department »Don Graves, Contra Costa County EHSD, Independent Living Skills Program »Natasha Paddock, COPE Family Services »Dana TherActivist Johnson, Rainbow Community Center »Coreen “Cori” Johnson, Rainbow Community Center »Christy Saxton, Contra Costa Health, Housing & Homeless Services The Measure X Community Advisory Board and former Chair Mariana Moore The Contra Costa County Administrator’s Office Community residents and stakeholders who provided feedback to the planning process Nonprofit organizations and public schools that hosted community listening sessions County partners who participated in key informant interviews: »Hisham Alibob, Contra Costa Health, Community Wellness & Prevention »Beth Bottorff, Contra Costa County EHSD, Children & Family Services »Leslie Brown, Kaiser Permanente »Tamia Brown, Workforce Development Board of Contra Costa County »Kendra Carr, Office of Racial Equity and Social Justice »Lori Cruz, Contra Costa County Department of Child Support Services »Ernesto de la Torre, Contra Costa Health, Ambassadors Programs »Esa Ehmen-Krause, Contra Costa County Probation Department »Jamie Elmasu, John Muir Health »Kiki Farris, Contra Costa County Probation Department »Roslyn Gentry, Contra Costa County EHSD, Children & Family Services »Don Graves, Contra Costa County EHSD, Independent Living Skills Program »Ana Kaye, Contra Costa County EHSD, Children & Family Services »Peter Kim, Office of Racial Equity and Social Justice »Krista Knapp, Contra Costa County Probation Department »John Kopchik, Contra Costa County Department of Conservation and Development »Jonathan Laba, Contra Costa Public Defenders »Mindy Landmark, Sutter Health »Gerold Loenicker, Contra Costa Health, Behavioral Health Services »Megan Low, Contra Costa Public Defenders »Alison McKee, Contra Costa County Library »Caroline Miller, Contra Costa Health, Health, Housing & Homeless Services This Implementation Plan was prepared by Public Minded Consulting, with content contributions from Social Change Partners and New Ways to Work. 4 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Executive Summary Measure X is a 20-year, ½ cent sales tax approved by Contra Costa County voters in November 2020 to fund essential health, safety net and social services. Based on a recommendation by the Measure X Community Advisory Board, the Contra Costa County Board of Supervisors approved Measure X funding for the development of three new youth centers in supervisorial Districts 3, 4, and 5. The Board also designated the Employment and Human Services Department to administer the funds and oversee the ongoing operations of the youth centers. This report compiles quantitative and qualitative planning data to inform both the design of the Measure X youth centers and the Request for Proposals that will be used to select youth center service providers. Information contained within this plan and its appendices include: »Findings of an 8-month community engagement process that gathered feedback from 488 residents and service providers in Districts 3, 4, and 5 who attended community listening sessions and 329 individuals who responded to an online survey. Youth and young adults under the age of 25 comprised 45 percent of total participants. The full Community Engagement Report is found in Appendix A. »Analysis of Countywide and district-specific data on youth in Contra Costa County. Countywide statistics are summarized in the Profile of Youth in Contra Costa County section of this report, while district-specific data is found in the District Implementation Plan sections. »Key informant interviews with public sector partners to understand current and planned services that might be leveraged to enhance the youth centers. A summary of findings is contained in the County Partner Feedback and Collaboration Opportunities section of this report. »A review of a dozen existing needs assessments and plans related to serving youth in Contra Costa County. Appendix B contains a list of documents reviewed. »A literature review, which is summarized in the Best Practices in Serving Youth section of this report. Appendix C contains a list of citations. In addition to background and planning information, this report previews upcoming activities of the youth centers implementation phase and provides high-level implementation plans and timelines for each of the three districts. Key components of each district plan require BOS approval to move forward. In brief: »The District 3 plan envisions construction of a new youth center at a site in proximity to Antioch, Brentwood and Oakley. While the site is under construction, Measure X operating funds will be used to support youth programs and services delivered within the district boundaries by one or more providers selected through a competitive process. »The District 4 plan envisions partnering with a local service provider to expand the operations of an existing youth center in Concord. Measure X dollars will be used for capital improvements and to fund an enhanced mix of youth programs and services delivered by one or more providers selected through a competitive process. »The District 5 plan envisions construction of a new youth center at the County-owned Los Medanos site in Pittsburg. While the site is under construction, Measure X operating funds will be used to support youth programs and services delivered within the district boundaries by one or more providers selected through a competitive process. Each district plan contains a description of the youth subpopulations, programs and services that will be prioritized. These priorities are a starting point for implementation, but they are not intended to be limiting or inflexible. Administering youth centers is a new line of business for the County and the vision and design of the youth centers will continue to evolve. While each youth center will be unique and offer programming that is responsive to the specific needs and desires of the surrounding community, the feedback gathered from residents and service providers in the course of the planning phase frequently aligned across districts. Stakeholders envision safe, inspiring and welcoming spaces offering various activities that will entice youth to enter, and an array of support services that can be wrapped around them once they walk in the door. Informants consistently named middle and high school students as the age group that the youth centers should 5 Implementation Plan for Measure X-Funded Youth Centers • July 2024 be targeted to. There was widespread agreement that the centers should be inclusive of all youth, but stakeholders also agreed that programming should be designed with low-income and system-involved youth and the goal of promoting more equitable outcomes in mind. The publication of this report marks a key milestone on the path towards realizing the vision for three new youth centers in Contra Costa County. Additional planning and design work will be conducted in the months to come, but this plan lays the foundation for implementation activities that will begin to move forward in parallel. By next year at this time, it is anticipated that Measure X-funded nonprofits will be delivering new and expanded services to youth in Districts 3, 4, and 5. 6 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Introduction Overview of Measure X Measure X is a countywide 20-year, ½ cent sales tax approved by Contra Costa County voters on November 3, 2020. Collection of the tax began on April 1, 2021. The text of the ballot measure stated that the intent of Measure X is “to keep Contra Costa’s regional hospital open and staffed; fund community health centers; emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services.” The Board of Supervisors (BOS) established a 27-member Measure X Community Advisory Board (MXCAB) to advise the BOS on the use of Measure X funds. The MXCAB is a diverse and broadly representative group of individuals who live and/or work in Contra Costa County. The primary responsibilities of the MXCAB are to oversee a regular written assessment of community needs, to recommend general Measure X funding priorities to the BOS based on the findings of the needs assessment, and to receive annual reports on Measure X funded programs in a joint presentation to the MXCAB and the BOS. The MXCAB organized its original funding recommendations into five goal areas derived from the original language of Measure X: GOAL #1: MENTAL WELL-BEING We strive to be a community that supports the mental and behavioral health and well-being of all residents through prevention, crisis response services, intersectional supports, and innovative cross-sector approaches. GOAL #2: EQUITY IN ACTION We strive to be a community that prioritizes equity and removes structural barriers that cause inequities and poverty, so that all residents can thrive. GOAL #3: HEALTHY COMMUNITIES We strive to be a community in which all residents have access to affordable, timely, culturally responsive healthcare; adequate housing; high-quality childcare; and nutritious food, all of which have become more urgent as we address the ravages of the pandemic. GOAL #4: INTERGENERATIONAL THRIVING We strive to be a community that intentionally strengthens and provides support for all residents and for family members of all generations, including children, youth, and older adults. GOAL #5: WELCOMING & SAFE COMMUNITY We strive to be a community where all residents feel safe and welcome and receive emergency help when they need it. Following months of information gathering, testimony, public comment and discussion, the MXCAB submitted its recommendations to the BOS in a report dated October 6, 2021, which included a recommendation to invest in youth centers in East and Central County as one strategy under Goal #4 (Intergenerational Thriving). The BOS ultimately approved the creation of three Measure X youth centers, one in supervisorial District 3, one in District 4 and one in District 5. 7 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Board Approval and Budget Over the course of four meetings held between October 2021 and February 2022, the BOS heard extensive presentations regarding Measure X funding priorities. Since that time, the BOS approved Measure X allocations totaling $157 million in FY21–22, $78 million in FY 22–23, and over $117 million in FY 23–24. Consistent with the recommendations of the MXCAB, the BOS approved the use of Measure X funds to support three youth centers in Districts 3, 4, and 5. The County Administrator’s Office further recommended, and the Board concurred, that “Given its focus on children and family services, Employment and Human Services Department (EHSD) would be the host agency to contract for the development and operations of the youth centers. A significant amount of planning and logistics will be required to develop these centers.” The CAO report containing that recommendation also stated that the annual operating budget for the youth centers “will be supported at approximately 50% by donations, grants, etc.” A history of Measure X and documentation from the November 16, 2021, and December 12, 2023, Board meetings at which funds were allocated to the youth centers can be found on the County’s Measure X website. Total Measure X funding allocated to date to support the three youth centers is summarized in Table 1. Total cumulative allocations to date across the three sites amount to $20.6 million. Total expenditures through FY 23–24 come to $868,634. Of the total funding allocated to date, the BOS designated $15 million ($5 million per center) to cover capital and start-up costs. Funds allocated for capital costs are being held in reserve pending Board approval of sites for the three youth centers. The FY 24-25 adopted budget of $3.6 million represents the total annual amount of Measure X funding available for ongoing operating and service costs, inclusive of county oversight costs. More detailed district-specific budgets will be developed following the procurement of youth center service providers. Services are anticipated to begin in July 2025. Ongoing operations and service programming at the youth centers will be sustained through an annual inflation- adjusted Measure X allocation, private fundraising and resource matching by the youth center operators, and by leveraging other existing publicly-funded services to extend their reach to youth center participants. Table 1: Total Measure X Youth Center Funding Allocations FY 21-22 FY 22-23 FY 23-24 FY 24-25 TOTAL FUNDING TO DATE Youth Center Allocations $10,000,000 $1,750,000 $5,193,000 $3,623,898 $20,566,898 8 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Overview of Youth Centers Planning Process As noted above, the EHSD is designated as the lead County agency to administer the youth center funding and to oversee planning and implementation of the new sites. The Department elected to carry out this charge under the public oversight of the Workforce Development Board of Contra Costa County (WDBCCC), which is staffed by the EHSD. The WDBCCC achieves equitable economic growth for Contra Costa County by providing business and jobseeker services, building strategic partnerships and leveraging public-private resources. Among other things, the WDBCCC provides services to youth and young adults between the ages of 16 and 24 who have barriers to graduating from school, finding a job, or launching a career. The WDBCCC delegated oversight to its Youth Committee, and the Youth Committee in turn created a Measure X Youth Centers Ad Hoc Committee comprised of subject matter experts in serving youth to provide input to the planning and design process. The EHSD also retained the services of consulting firm Social Change Partners, who in turn subcontracted with New Ways to Work, to gather community input to inform the design of the youth centers. Between October 2023 and April 2024, the consultants held 32 community listening sessions with a total of 488 attendees drawn largely from residents and service providers in Districts 3, 4, and 5. Additionally, an online survey was live from September 2023 to April 2024 and garnered a total of 329 responses. The resulting Contra Costa County Measure X Youth Centers Community Engagement Report is included in Appendix A. In addition to community input, this plan is informed by a landscape review that entailed: »Analysis of Countywide and district-specific data on youth in Contra Costa County. Countywide statistics are summarized in the Profile of Youth in Contra Costa County section of this report, while district-specific data is found in the District Implementation Plan sections. »Key informant interviews with public sector partners to understand current and planned services that might be leveraged to enhance the youth centers. A summary of findings is contained in the County Partner Feedback and Collaboration Opportunities section of this report. »A review of existing needs assessments and plans related to serving youth in Contra Costa County. Appendix B contains a list of documents reviewed. »A literature review, which is summarized in the Best Practices in Serving Youth section of this report. Appendix C contains a list of citations. 9 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Profile of Youth in Contra Costa County Countywide Demographic Data Unless otherwise noted, the data contained in this section come from the U.S. Census Bureau’s 2022 American Community Survey. Appendix D describes the methodology used to access and analyze the data. In 2022, there were 108,992 youth ages 12–18 in Contra Costa County. This population roughly approximates the middle school and high school youth who are of primary interest for purposes of this report. The County’s child population is extremely diverse. As seen in Figure 1, among children under the age of 18, 31 percent identify as White, 25 percent as two or more races, 17 percent as Asian, 10 percent as Black or African American, and 17 percent as other. Over a third (36 percent) of the total child population across all races identify as being of Hispanic or Latino origin. Figure 1: Youth Ages 12–18 by Race and Ethnicity Black 10% Other 17% White 31% Mixed Race 25% Asian/Pacific Islander 17% 36% Hispanic/ Latino across all races One third of Contra Costa youth ages 12–18 primarily speak a language other than English at home, as reflected in Table 2. Twenty-one percent speak Spanish at home. Twenty-four additional languages not listed in the table are each spoken in the home by 2 percent or less of youth. Table 2: Primary Language Spoken at Home by Youth Ages 12-18 LANGUAGE COUNT PERCENT English 72,678 67% Spanish 22,918 21% All Other 13,396 12% TOTAL 108,992 100% As of 2022, the overall poverty rate in Contra Costa County was 8.7 percent, somewhat lower than the 12.2 percent statewide rate for California. However, as seen in Figure 2, the countywide rate masks significant disparities in who experiences poverty. As illustrated in Figure 2, the poverty rate among children ages 0–17 in Contra Costa is 10.4 percent, as compared to 8 percent for adults ages 18–64. Certain racial and ethnic groups also experience poverty disproportionately: 12 percent of Latinos, 14 percent of Blacks and 19 percent of American Indian/Alaska Natives live below the poverty level.1 Figure 2: Contra Costa County Poverty Rates Asian White Non-Hispanic Total Population Children Hispanic/Latino Black American Indian/ Alaska Native 18.8% 13.7% 12% 10.4% 8.7% 6.5% 6.5% 10 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Other key indicators of well-being also vary significantly by race and ethnicity, with Black, Indigenous and People of Color (BIPOC) children and youth consistently faring worse than their white counterparts. For example: »The on-time high school graduation rate from public and charter schools in Contra Costa County is 90 percent overall but drops to 83 percent for Black students and 85 percent for Latino students.2 »While half of all students in Contra Costa were college or career ready in 2019, only 28 percent of Black students and 43 percent of Latino students were ready.3 »According to a recent report commissioned by the Probation Department, “In 2020, Black youths were approximately 14 times more likely than White youths to be arrested in Contra Costa County, 15 times more likely to be referred to Probation, and 1.6 times more likely to have court petitions filed (among youth referred to Probation). As a result of racial disparities at the front end of the juvenile justice system, Black youths are drastically overrepresented on juvenile probation and in confined settings in the county.4 »EHSD data from 2016–2021 reflect significantly higher rates of entry into foster care for Black/African American children as compared to other racial and ethnic groups.5 »One of the most frequently cited needs in an assessment conducted jointly by the EHSD and Contra Costa Probation was to “Increase resource availability for Black/African American youths.”6 »Nearly half (45 percent) of homeless youth under the age of 25 self-reported as being Black/African- American/African, a significant over-representation relative to the general youth population7. County-level demographic data points clearly to the existing inequities in life outcomes for BIPOC youth in Contra Costa County. Naming those disparities is a necessary first step towards investing Measure X youth center funds in ways that help drive towards greater equity, health, and prosperity for all. Figure 3 summarizes the extent to which older youth ages 16–18 in Contra Costa County are connected to school and work. An impressive 94 percent of youth in this age group are enrolled in school and 21 percent are working. While the percentage of youth who are disconnected from both education and employment is small (3.2 percent), this population is of special concern, and should receive specialized outreach and support by the youth centers to re-engage them in educational or vocational pathways. Figure 3: Connection to School and Employment for Youth Ages 16–18 DisconnectedNot in School EmployedNot Employed In School 44,924 2,756 10,083 37,597 1,507 In recognition of the fact that there are meaningful population differences at the sub-county level, additional district-specific demographic data specific to Districts 3, 4, and 5 is included in each of the three district plans that follow. 11 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Countywide Service Data This section summarizes data provided by County departments on the number of youth who receive specified County- administered or County-funded services. This is not a comprehensive list, but it does capture major publicly funded services and public benefit programs. County departments and Measure X-funded providers will partner to facilitate warm and seamless service connections for youth. PROGRAM OR SERVICE DEPARTMENT DESCRIPTION UNDUPLICATED COUNT TIME PERIOD Mental health services CC Health Youth ages 13–17 receiving mental health services from Contra Costa Health and its partner organizations. 2,327 2023 Child support services Child Support Dependent youth ages 12–18 for whom child support is owed/paid 9,505 2023 Child support services Child Support Young adult heads of household ages 18–25 served by the department 955 2023 CalFresh EHSD Total youth ages 12–18 receiving public nutrition assistance 13,491 April 2024 Subset of youth ages 12–18 receiving public nutrition assistance who are head of household 616 CalWORKs EHSD Total youth ages 12–18 in families receiving public income assistance and support services 3,514 April 2024 Subset of youth ages 12–18 receiving public income assistance who are head of household 244 Subset of youth ages 12–18 in CalWORKs families receiving temporary and permanent housing assistance 160 Child welfare programs EHSD Youth ages 12–18 in the Foster Care, Adoption Assistance and KinGAP programs 409 April 2024 Independent Living Skills Program (ILSP) EHSD Youth ages 12–18, in or recently transitioned from the Foster Care system, and receiving life skills training and support 58 April 2024 Medi-Cal EHSD Total youth ages 12–18 enrolled in Medi-Cal health insurance 39,912 April 2024 Subset of youth ages 12–18 enrolled in Medi-Cal health insurance who are head of household 1,712 Workforce Innovation and Opportunity Act (WIOA) youth programs EHSD Youth ages 12–18 receiving job readiness and employment services 131 April 2024 Library services Library Youth ages 13–17 who hold library cards 34,004 June 2023 Juvenile Supervision Probation Total juvenile offenders (i.e., individuals up to age 25 who committed an offense while they were minors) who were on probation during the year 379 FY 23-24 12 Implementation Plan for Measure X-Funded Youth Centers • July 2024 County Partner Feedback & Collaboration Opportunities This plan is informed by interviews with nearly two dozen subject matter experts from nine different county agencies as well as three private health plans. Key informant interviews were conducted with representatives from the Office of Racial Equity and Social Justice, several divisions within Contra Costa Health, the Contra Costa County Probation Department, the Public Defender’s Office, the Department of Conservation and Development, the County Library, Child Support Services, and the Employment and Human Services Department, including the Workforce Development Board. Contra Costa Health partners at three private managed care health plans also participated in interviews. Also included in this section is feedback provided by members of the Workforce Development Board’s Youth Committee and its Measure X Youth Centers Ad Hoc Committee during meetings at which the youth centers were discussed. The purpose of the key stakeholder interviews was to understand the landscape of County services currently available to youth, to identify gaps in existing systems of care, and to begin to explore opportunities for collaboration to holistically serve youth center participants. During the implementation phase of the Measure X youth centers initiative, the EHSD will create a steering committee comprised of County department staff with expertise in serving youth to advise the EHSD and its selected youth center operators and service providers on an as-needed basis. Feedback on Service Areas Through listening sessions and an online survey, several hundred District 3, 4, and 5 residents and service providers gave extensive feedback on the programs and services they believed a youth center should offer. That feedback is detailed in Appendix A. This section summarizes County partner feedback, noting areas of alignment and variance from community feedback where applicable. The district- specific implementation plans that follow summarize the top priorities in order of importance for each of the three districts. Consistent with community feedback, County partners overwhelmingly validated the importance of creating safe, welcoming and inspiring spaces offering various activities that will entice youth to enter, and an array of support services that can be wrapped around them once they walk in the door. They also aligned with community members in agreeing that programming should be designed with low-income and system-involved youth and the goal of promoting more equitable outcomes in mind. More detailed County partner feedback is summarized below, first according to service area and then as relates to barriers to access, collaboration and partnership, and serving special populations. On occasion, findings from pre-existing local needs assessments are also cited to reinforce or round out County stakeholder feedback. ACADEMIC SUPPORT AND LITERACY Community members across Districts 3, 4, and 5 identified academic support as a high priority service area for the youth centers. Similarly, County government partners flagged homework help, academic tutoring and free access to computers and high-speed internet as service gaps. Respondents noted that literacy levels are lower than average in Central and East County and identified the need for more activities to support literacy among middle school youth. There are 19 public school districts in Contra Costa County, serving approximately 178,000 students at over 290 schools. Children living in the unincorporated parts of the county do not always have a public school in their local community. In Bay Point, for example, an unincorporated area in District 5, there is no high school and students are bused to Mount Diablo High in Concord. Contra Costa has 26 library facilities in 18 cities and 5 unincorporated areas of the County. Most libraries have large community rooms with good physical capacity to house youth services. More than a quarter of locations serve afterschool and/or summer lunches to anyone up to age 18. Many libraries are located near schools, and the Library is currently partnering with the Office of Education to enable all public school students to use their school ID number as their library card. Large numbers of students use the libraries during the afterschool hours on weekdays as a safe space where they can congregate, access computers and wifi, do homework and participate in structured activities when available. Many library locations offer homework help as well as an online service that provides live, online homework help. While all libraries have teen services staff to engage with the 13 Implementation Plan for Measure X-Funded Youth Centers • July 2024 afterschool student population, the library system lacks the resources to offer formal youth programming every afternoon. As a consequence, within existing staffing levels the library system would be unable to staff onsite services at youth centers on a regular basis. However, the libraries could host youth services at their locations and there may be other opportunities for collaboration, including occasional outreach events that involve signing people up for library cards and introducing them to the library system, and opportunities for youth center participants to gain leadership experience by participating in the Teen Advisory Groups that provide each branch with feedback on what services should be provided for youth. BASIC NEEDS, FAMILY SUPPORT AND PREVENTION Food insecurity, housing instability and lack of stable access to other basic needs are daily sources of stress for low-income families and youth, who often lack an understanding of what services exist or how to access them. County informants generally supported the notion of wrap-around services linkage at the youth centers, and at least two departments—the EHSD and the Probation Department—already fund services navigation, though likely not to the extent needed. County partners stated that youth centers should offer or help connect participants to food, medical care, hygiene kits, contraceptives and other basic needs. Interview subjects mentioned family support services, particularly for parenting teens, families under the supervision of the Probation Department and families involved with the child welfare and child support systems as possible services to co-locate at the youth centers, or for youth center staff to connect young people to. One informant raised the possibility of providing onsite child care for parenting youth at the centers. The Probation Department also funds community-based prevention, diversion, noncriminal legal services, and other services that are available to the community at large, not just system-involved youth, which could possibly be leveraged. “It would be helpful for parents, caregivers and younger siblings to be able to access support services at the youth center as well, for there to be a whole family approach,” noted one informant. The EHSD currently funds three kinship programs that support relative caregivers of youth and young people themselves through navigation services, educational workshops, socio-emotional support groups and other services. County partners also emphasized the importance of services to prevent at-risk youth from entering systems of care, and recent trends in federal policy and funding reflect a similar shift from intervention to prevention. There is an opportunity to align youth center operations with the EHSD’s “Community Pathways approach,” which embraces a no-wrong-door philosophy and supports community-based organizations to refer families and youth to a comprehensive array of prevention services. In future, youth centers may also be a good place to evaluate young people for Title IV-E candidacy, which would make them eligible for higher level (secondary and tertiary) prevention services reimbursable by the federal government. HOUSING AND HOMELESSNESS Multiple existing needs assessments confirm that homelessness and a lack of affordable housing are pressing issues in Contra Costa County, as they are throughout the Bay Area. One recent report focused on youth who are involved or at-risk of involvement with the juvenile justice system recommended that Contra Costa County “prioritize access to housing services and affordable housing, especially targeted towards TAY (transition-age youth) to help reduce juvenile and criminal justice system involvement among this group.”8 The 2024 Point-In-Time Homeless Count identified 155 unaccompanied homeless youth under the age of 25. Overall, 7 percent of the County’s homeless are children under the age of 18, and another 7 percent are young adults ages 18-24. Of those experiencing homelessness in the County, 13 percent first became homeless while under the age of 18, and 24 percent first became homeless while between the ages of 18 and 24. Fifteen percent of homeless adults in the County were once in foster care.9 According to the preliminary findings of a Youth and Young Adults Homelessness Community Needs Assessment (CNA) commissioned by Contra Costa Health: »Up to 13,506 youth and young adults may experience some form of homelessness in the County each year. »Homeless youth themselves identified limited affordable housing, substance use, lack of job skills, little or no income, generational poverty and lack of transportation as their biggest challenges. »When asked what resources are missing in the current system, the top answers were housing, employment opportunities, and reentry-specific supports and services.10 14 Implementation Plan for Measure X-Funded Youth Centers • July 2024 County partners reported a lack of sufficient shelter and housing resources to serve housing unstable young people, particularly in East County. While there is a mobile outreach team that serves homeless youth, there is currently no youth-friendly physical coordinated entry access point for young people to get connected to housing services, and youth do not necessarily engage with the adult access points. When its Youth and Young Adults Homelessness CNA is complete, Contra Costa Health will use it to inform an upcoming application for federal funding through the Youth Homeless Demonstration Project. If secured, the grant will pay for development of a strategic plan for serving homeless youth as well as direct services. One near term possibility for collaboration may be to have the existing mobile outreach team visit the Measure X youth centers on a set schedule, but even greater opportunities, such as creating youth access points at the youth centers, may be possible if the federal grant is secured. JOB READINESS, EMPLOYMENT AND LIFE SKILLS In May 2024, the unemployment rate among youth in Contra Costa County was 14.2 percent for 16-19 year- olds and 10 percent for 16–24 year-olds. By comparison, the countywide unemployment rate for all working age adults was 4.4 percent.11 Community members across Districts 3, 4, and 5 identified youth employment/training resources as a high priority service area for the youth centers. Similarly, County informants identified basic job readiness and skills training as needed youth services. They also mentioned older teenagers who lack a high school degree and youth who became disengaged from school during the pandemic as priority populations that require extra effort to identify and engage. County partners also cited life skills training, such as financial literacy training and soft skills development, as separate but related service needs for many youth. The youth centers may be able to leverage the following existing resources to serve their program participants, either directly onsite or through referral partnerships: »The EHSD’s Independent Living Skills Program utilizes an existing comprehensive life skills curriculum for system-involved youth and young adults. Staff at the Department believe that these skills are of universal benefit to all youth. »Youth programs supported by federal Workforce Investment Opportunity Act (WIOA) dollars passed through by the Workforce Development Board generally target 16–22 year olds and include services such as job readiness training, stipended internships, and career counseling. WIOA Youth Programs staff are mobile and there is the potential to outstation services at the youth centers. »Both Contra Costa Health and the private health plans offer career pathway programs in the health care industry, as well as internships and career awareness events. LEADERSHIP, MENTORING AND SPIRITUAL CARE One of the six current priorities of the Office of Racial Equity and Social Justice is to “Set a safe, welcoming, and belonging culture in Contra Costa County. This should include … building capacity for youth leadership and engagement.” This priority was established through an extensive community engagement process in which residents frequently cited youth development and engagement as a need.12 County experts also spoke to the need for mentoring provided by trusted adults who are not the young person’s parent and mentioned life coaching using a “credible messenger” model that deploys trained people with lived experience to meet youth where they are at as a best practice. They also noted a need to create opportunities for young people to engage in community service and meet school-required volunteer hours. All libraries currently offer opportunities for youth to volunteer, including participating in each location’s Teen Advisory Group, which offers leadership development. The Probation Department currently funds community- based organizations to provide spiritual care navigation, youth groups and youth trainings that could potentially be offered from time to time at the youth centers. Spiritual care was the only programming suggestion to come from a County partner that was not also mentioned in the broader community engagement process. PHYSICAL AND BEHAVIORAL HEALTH Echoing community feedback, County subject matter experts identified behavioral health (i.e., mental health and substance abuse) services and support as critical needs for youth, citing the pandemic and social media as sources of increased stress among young people. Informants underscored the importance of culturally- specific service delivery and healing modalities, which is 15 Implementation Plan for Measure X-Funded Youth Centers • July 2024 a theme present in other existing needs assessments. For example, the Contra Costa Health Behavioral Health 2023– 2026 Cultural Humility Plan notes, “Whether consumers are appropriately served in ways that align with their cultural values and linguistic needs is an issue that has been raised by community stakeholders and advocates . . . Specifically, the topic of the need for appropriate and relevant mental health and wellness services through community defined practices for Latino/ Latina/ LatinX/ Hispanic, Asian and African American/ Black communities has been a topic stated throughout many stakeholder and community engagement events.”13 The youth centers may be able to leverage the following existing and planned resources to serve their program participants, either directly onsite or through referral partnerships: »The County already supports numerous regional, mobile and school-based health and dental clinics. The private health plans also help fund clinicians onsite at every high school and continuation school, as well as health education. Bringing an already funded community-based health provider or clinician into an outstation at the youth centers is a possibility to explore. One challenge that would need to be worked through is that Contra Costa Health is a Medi-Cal provider, whereas not all youth center participants will be eligible for Medi-Cal funded services. »One interview participant noted that the youth centers may be a good location to assist youth in accessing Medi-Cal funded behavioral health services through the existing access line. »Contra Costa Health currently funds behavioral health prevention and early intervention services through its state allocation of Mental Health Services Act (MHSA) funding. As a result of recent voter-approved changes to how MHSA funds are allocated (i.e., Proposition 1), prevention resources will soon shift from counties to the state, but Contra Costa will maintain some early intervention programs that youth centers could potentially leverage, particularly to serve youth with moderate to high acuity mental health needs. »The Measure X-funded African American Holistic Wellness and Resource Hub, which is currently in the early planning stages, has goals that are complementary to those of the youth centers and respondents suggested the possibility of cross- referrals between the two. »There is also a $1.4M annual Measure X allocation to provide behavioral health services for youth age 26 and under and for LGBTQ+ individuals. »Private hospitals are currently in the process of conducting mandated Community Needs Assessments, which will inform community investments in the years to come. Current investments and priority funding areas include: access to care, economic opportunity/income and employment restorative justice programs, free medical services for the uninsured, a mobile dental clinic for youth, health education, and mental health behavioral health, including services for youth and young adults. Key informants made the following suggestions for new services that could be provided at the Measure X youth centers to address unmet needs: »Onsite health clinics. »Onsite Medi-Cal linkage. Medi-Cal enrollment confers eligibility for a range of health and mental services, and under the state CalAIM initiative, there may be new opportunities in future to draw Medi-Cal revenue for supportive services that could benefit youth center participants. For example, one County partner noted that peer support is being considered as a future Medi-Cal covered service, which could be a particularly useful resource for youth who are less interested in clinical therapy. »Sexual/reproductive health education and teen pregnancy prevention. »Therapy and mental health services for at-risk youth that do not require a behavioral health diagnosis to access. While Contra Costa Health can initiate mental health services without a diagnosis, their services do eventually require one. More than one source noted the importance of upstream interventions. For example, one children’s mental health expert noted that while clinical mental health services and treatment are important, having “a youth-friendly creative space where young people can express themselves and develop their talents, … build community and have a sense of belonging … and be directed into creative activities is just as important, without being a form of treatment. That in itself is a mental health intervention.” A recent plan to reduce the number of child welfare and probation-involved youth, issued by the EHSD and the Probation Department, also turned its attention upstream, noting that “In East 16 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Contra Costa County, the greatest need is to develop a more robust prevention services infrastructure. … there are great needs in the areas of parenting support, mental health services, and substance abuse prevention and treatment.14 SPORTS AND RECREATION Community members across Districts 3, 4, and 5 identified recreation and fitness opportunities as a high priority area of programming for the youth centers. While the County maintains numerous parks and open spaces, provision of athletic and recreation programs for youth is more typically a function of city governments or special districts. As a result, feedback from County government partners on this service domain was limited. Relevant comments touched on the lack of free/affordable youth athletic opportunities, the hope that youth center offerings can go beyond athletic programs to include arts, social services and leadership development, opportunities for expanding community gardening programs for youth in District 5, and the suggestion that city parks and recreation departments be brought in as youth center partners. Additional Areas of Feedback In addition to providing feedback on high priority service needs, County partners also commented on barriers to access, considerations related to partnership and collaboration, and subpopulations who merit special attention in pursuit of equitable outcomes for youth. BARRIERS TO ACCESS County professionals, like community members, emphasized how important it is that the youth centers planning process be intentional about anticipating and addressing barriers to access. They noted that oftentimes young people are unaware of existing youth services or aware but unable to get to the service location. Specific comments included the following: »Stigma can be a barrier to accessing services. One informant noted that, “It has a destigmatizing effect if youth can access support services in centers that are not labeled [as being for low-income or system- involved youth].” »For youth and others who do not drive and/or live near public transit, physical geography and transportation are barriers, particularly in getting to and from East County. »Language is a barrier to access for non-English speaking families and youth. »Generational poverty undermines the ability of youth to thrive. Youth centers should be in low-income and under-resourced areas with the goal of promoting greater socioeconomic equity. »Unincorporated areas may have relatively fewer resources because the County is often the primary provider of government services, unlike other areas that are also served by a city government. County partners identified potential solutions to help improve access, including: »Services navigation and enrollment support as a function of youth centers. In addition to connecting youth to needed services and programs, respondents noted that navigation assistance is also a way to leverage existing community-based and County services rather than creating them anew within the youth centers. The EHSD service navigators, community services navigation funded through the Probation Department, and the Youth Services Specialists supported through a partnership between the Juvenile Justice Coordinating Council and the County Office of Education were mentioned as examples of existing service linkage models. »Creation of hoteling spaces within the youth centers where existing county and community-based service providers could offer regular onsite access to services, programs and workshops for participating youth and their families. NONPROFIT PARTNERSHIP AND COUNTY COLLABORATION County partners offered the following reflections on collaboration with internal and external partners: »There are many grassroots nonprofits that would make good youth center partners, but to scale up services they may need capacity-building assistance, technical support, and guidance in navigating the County’s bureaucracy, in addition to funding. »Some perceive that there is a lack of community meeting space available to nonprofits, although it was also noted that libraries offer such space. Youth centers may be able to offer free meeting space or generate revenue by renting it out. 17 Implementation Plan for Measure X-Funded Youth Centers • July 2024 »There are ample opportunities for County departments to learn more about and cross-promote each other’s youth service offerings. It would be helpful to have a table of public sector partners who meet regularly to share information, collaborate on youth service delivery, and coordinate with contracted nonprofits delivering youth center services. SPECIAL POPULATIONS & EQUITY Existing needs assessments reviewed as part of the youth centers planning process universally called attention to the racial and socio-economic disparities in opportunities and outcomes experienced by BIPOC youth in Contra Costa across numerous domains. Black youth in particular were often cited as being a high priority for attention and investment across a number of existing reports. The community engagement results appended to this plan reflected a consensus across Districts 3, 4, and 5 that the youth centers should prioritize services for young people who are low-income and/or system-involved. County staff also called out the needs of these and other subpopulations of youth who are most disenfranchised and most in need of services and support. Specifically, they mentioned: »The prevalence of need among transitional-aged youth (TAY), i.e., older adolescents and young adults, commonly defined as youth 16–24 years old. Ample research recognizes this period as a distinct and critical phase of human development during which young people experience rapid growth and change. County partners and existing local needs assessments identify at-risk subpopulations of TAY who could benefit from youth center services, particularly those who may be ineligible for other TAY- specific services within the existing system of care. »The importance of recognizing cultural and demographic differences across populations and geographic regions. Respondents identified a need for service providers who are attuned to the unique culture and community needs specific to East County, and even to far East County as a distinct geography. »The particular transportation and language barriers faced by farmworker families. »Service gaps for LGBTQ+ and gender expansive youth, especially those identifying as girls. »The need for services tailored to trafficking victims and perpetrators. »The high needs of system-involved youth, including foster youth, justice-involved youth, homeless youth and noncustodial parents owing child support. For example, a recent report found that the top service needs of probation-involved youth in the County include behavioral health services and prosocial skills, peers and social support network, family and living arrangements and education and employment services.15 Respondents noted a potential value in making the services of related County systems available onsite at the youth centers but also cautioned that the presence of certain types of enforcement personnel, some of whom are armed, could have a determinantal effect on youths’ perception of the centers as welcoming environments. »Participants in County restorative justice and diversion programs for youth. County partners noted that these programs are currently offered at the RYSE youth center in West County and that offering them at the Measure X youth centers would make regular participation easier for young people who live in East and Central County, with the added benefit of connecting at-risk youth to other services and programming. Additionally, the County Library and the Probation Department are in the early stages of a partnership to offer libraries as places for restorative justice and diversion programs for youth. »Youth in need of noncriminal legal services, such as immigration related services or help with federal benefit applications. More generally, some County partners also spoke to the need to be intentional about the dynamics of serving a wide age range of youth in one space, mentioning protocols to ensure that interactions are safe and appropriate, openness to the positive benefits that can occur when age groups are co-mingled, and provision of age-appropriate programming. Finally, many County informants and existing local needs assessments emphasized the importance of centering the voices of youth, families, and communities most impacted by systemic racism and inequities when designing policies, programs, and services intended to address those inequities. 18 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Best Practices in Serving Youth This section summarizes findings and common themes from a literature review on best practices in serving youth. Appendix C contains a list of the documents reviewed as a point of reference for those who wish to learn more. Positive Youth Development Positive youth development describes an underlying philosophy and evidence-based approach to fostering positive outcomes for youth that is holistic, relationship- based, and focused on young peoples’ strengths and capabilities rather than their deficits. Many reputable organizations, including the U.S. Department for Health and Human Services’ Administration for Families and Children, endorse the positive youth development approach. Hallmarks of the positive youth development approach include: »Viewing young people positively and treating them with respect. »Programming informed by an understanding of research that suggests protective factors such as strong social ties, healthy self-esteem and positive role models can help young people build resilience and thrive in spite of adversity. »Empowering young people by meaningfully involving them in program design and delivery and by sharing decision-making authority. Research suggests that higher levels of shared control between adults and youth are correlated with program quality and positive youth outcomes. »Providing opportunities for young people to learn, experiment with and demonstrate increasing levels of skill, competency and leadership capability. »Providing opportunities for young people to build socio-emotional skills. »Providing access to caring adults, cultivating a sense of belonging among program participants, and creating opportunities for youth to develop a positive sense of self-worth. Program Strategies and Interventions Program strategies and interventions utilized by successful youth-serving organizations include the following. Reference sources emphasize the importance of these strategies particularly when serving high need and disconnected youth. »Anticipating and removing as many barriers as possible to make it as easy as possible for youth to access services. »Ensuring that the basic needs of youth are met and that they are linked to broader community resources. »Building effective collaboration among public agencies, multi-disciplinary community-based organizations, schools and families in order to provide a holistic and coherent array of services and supports. Services may be offered through a one- stop model or through linkage to service partners. More intensive service models for high-risk youth may incorporate an advocate who develops a trusting relationship with the young person and their family and facilitates their access to services and supports. »Offering training, programs, experiences and mentoring designed to help youth build specific skills, competencies and self-confidence in the core areas they need to succeed in life. »Helping youth build positive relationships with peers and adults, social and emotional support networks and a sense of connectedness and belonging. »Providing opportunities for young people to give back to the community, develop positive social norms, participate in paid employment experiences, and otherwise develop a sense of efficacy, meaning and mattering. »Giving intentional consideration to program quality and designing programs to deliver engaging activities that target the development of a particular skill or competency are more likely to yield positive youth experiences and positive outcomes. 19 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Organizational Best Practices The literature highlights organizational best practices for youth-serving agencies, including the following: »Basic organizational infrastructure such as clear mission statement, a strategic plan, fiscal management systems and communication protocols is in place. »Staff are available to and relate well to youth, model positive and healthy behaviors, are well-trained in the use of empowering youth practice and in their area of service delivery, and are well-supported to carry out the mission of the organization. »Policies and programs are tailored to the developmental needs and stages of adolescence, e.g., allowing youth to take on more responsibility and leadership as they gain experience and demonstrate maturity. »Youth and families are authentically engaged in organizational decision-making that goes beyond merely soliciting feedback or advice. »Programs create physical and psychological safety for participants, and are culturally competent and responsive to the unique needs of each youth served. »Program space is safe, welcoming, non-stigmatizing and youth-friendly. »The organization sets clear norms and expectations for the behavior of program participants. »Programs use evidence-based and data-informed practices. »The organization has data-collection systems and a regular program evaluation plan in place. (Various examples of performance metrics and measurement frameworks for youth-serving organizations exist in the literature.) 20 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Implementation Activities Plans for the three Measure X youth centers continue to evolve. In parallel with ongoing planning and design work, the EHSD is moving forward with the following implementation activities. Site Selection As of the publication date of this report, prospective sites have been identified in all three supervisorial districts, but site selections are still pending approval by the BOS. The EHSD will work closely with the County Administrator’s Office to bring plans for each site to the BOS for consideration, as discussed in greater detail in each of the district-specific plans found in the following sections of this report. Provider Selection Over the summer, the EHSD will prepare for competitive procurement of the Measure X funds available to support youth centers and/or youth services in Districts 3, 4 and 5. The Department currently anticipates that providers interested in delivering Measure X-funded youth services will be invited to apply to a Request for Proposals (RFP) released concurrently with the Workforce Development Board’s upcoming procurement of youth programming in September 2024. Prior to the release, the Youth Committee of the WDBCCC is expected to add permanent youth members, who will be invited to participate in evaluating responses to the RFP. The EHSD has also spoken with some youth center operators to identify their lessons learned and best practices and will continue to research and conduct site visits to existing youth centers in the Bay Area during the coming months to help inform the RFP. The solicitation and the resulting contracts will include expectations that all selected providers deliver services in alignment with the approaches described in the Best Practices in Serving Youth section of this report. The EHSD will also require that youth centers establish structured mechanisms to elevate youth voice and create meaningful opportunities for ongoing youth leadership in shaping policies, space design, programming and operations. Consistent with community feedback, the procurement will seek information about how each provider staffs it services, looking favorably upon organizations that utilize peer-to-peer models, train their staff in trauma-informed and evidence-based practices, and/or employ staff who have roots in the community and lived experience of the conditions that Contra Costa’s disadvantaged youth face. Finally, all funded service providers will be required to demonstrate sound fiscal management practices and the organizational capacity to track and evaluate service outcomes, which will be defined through the RFP. In addition to specifying service requirements that apply to all Measure X-funded youth service providers, the RFP will include requirements that are tailored to the unique needs and community feedback from each district. Partnership Development Following the award of Measure X funding, the EHSD will work closely with selected providers to ensure that each contract has clear and measurable outcomes attached to it, and to support providers’ planning and preparation for the launch of services early in FY 25–26. Additionally, the EHSD will take the lead on working with other County departments and host cities to leverage existing publicly- funded services at the youth centers, and to ensure that Measure X-funded nonprofits know how to connect their youth participants to the broader service delivery system. Board Approvals The completion of the community engagement process and the submission of this Implementation Plan to the Board of Supervisors mark significant milestones of progress towards realizing the vision to create three new youth centers in Contra Costa County. As the implementation phase moves forward, County departments will seek the Board’s approval at the following junctures: »Real estate transactions will be brought to the BOS for review and approval after identified sites for each of the three centers are vetted by staff. Depending on the particulars of each site, this may include approval of facility leases, term sheets associated with securing an existing site, facility renovation plans and budgets, and/or new construction budgets and contracts. »After awarding Measure X funds to youth service providers through its RFP process, the EHSD will bring the recommended contracts and contract budgets to the BOS for approval. First contract approvals are anticipated by the end of FY 24–25. 21 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Execution of District Plans The sections that follow contain implementation plans for each of the three supervisorial districts that are slated to host a youth center. Each plan is informed by County government stakeholder interviews, data review, conversations with County Supervisors, and the district- specific findings of the community engagement process (see Appendix A). 22 Implementation Plan for Measure X-Funded Youth Centers • July 2024 District 3 Youth Center Implementation Plan DISTRICT 3 YOUTH PROFILE There are 22,741 youth ages 12–18 in the district. Racial distribution of 12–18 year olds: 33% White 22% Mixed Race 16% Black/African American 16% Other 13% Asian/Pacific Islander Percent of youth ages 12–18 who are Hispanic/Latino: 37% Language spoken at home by 12–18 year olds: 79% English 16% Spanish <2% All other languages Poverty rate for families with youth ages 12–18 is 7%, compared to 10.5% countywide. School and employment connection among 16–18 year olds: 93% are in school 26% are employed 5% are disconnected from both school and employment District share of public benefits enrollment among 12–18 year olds: 22% of Medi-Cal youth 25% of CalFresh youth 26% of CalWORKs youth * Benefits enrollment data for April 2024 was provided by the EHSD. All other data is from the U.S. Census Bureau’s 2022 American Community Survey (see Appendix D). District 3, represented by Supervisor Diane Burgis, includes the unincorporated areas of Bethel Island, Byron, Discovery Bay and Knightsen and the cities of Antioch, Brentwood and Oakley. Antioch is the largest city in District 3 and in East County as a whole. This implementation plan for the Measure X youth center in District 3 is informed by community input from residents and youth service providers within the district (see Appendix A), a review of data and other pre-existing needs assessments, interviews with County government subject matter experts, and conversations with the District 3 Supervisor. Population Focus Consistent with community feedback, the District 3 youth center will serve middle and high school-aged youth. While the center will emphasize inclusivity and be welcoming of all youth who wish to attend, community feedback indicated a priority on serving youth who are system-involved and/or from low-income families. To engage and effectively meet the needs of these special populations, the center will utilize targeted outreach strategies and offer services tailored to young people touching the child welfare, juvenile justice and public assistance systems. The EHSD and the Probation Department will support engagement of these special populations. Given that 16 percent of 12–18 year olds in the district speak Spanish at home, the youth center will also prioritize provision of culturally and linguistically appropriate services for the Hispanic/Latino population. Priority Programs and Services Based on community input, the top priority programs and services for the District 3 youth center include: »sports leagues/fitness programs, »behavioral and mental health supports, including substance use education, prevention and treatment and resources for dealing with pressure from peers and social media, »academic support and tutoring, »youth employment services, and »music, art and cultural programs. 23 Implementation Plan for Measure X-Funded Youth Centers • July 2024 The District 3 center will also seek to connect low-income and system-involved young people to existing county- funded and community-based services and supports, including Medi-Cal enrollment support, access to food and other basic needs, and housing supports, through a combination of onsite services co-location and navigation support. As its budget and partnerships with other service providers allow, the District 3 youth center will additionally seek to make counseling, youth leadership, counseling, social/emotional growth programming, and whole family support services available. Location and Hours Nearly half of the community respondents from District 3 identified Antioch as a good location to house the youth center. Brentwood was the second choice, named by slightly more than a third. Existing local plans and needs assessments validate the community input. For example, the County’s plan to prevent entries into the child welfare and juvenile justice systems reports that Antioch had one of the highest juvenile arrest rates in 2022,16 and identifies East County, including Antioch, as having the greatest need for additional resources and services.17 A separate recent Probation Department report identifies Antioch as being at significant public safety risk from juvenile crime and a priority for consideration in the disbursement of Juvenile Justice Prevention Act and Youthful Offender Block Grant funds.18 Regardless of which location is selected, special consideration will be given to public transit and other transportation strategies in order to ensure easy access for youth who live in far East County. As of the release date of this report, the County has identified and is currently assessing an exisitng parcel of land in proximity to Antioch, Brentwood, and Oakley as a potential site for construction of a new youth center in District 3. While operating hours will be constrained by available budget, to the extent possible the District 3 center will prioritize access to programming during the afternoons and evenings 7 days a week, as well as extended hours during summer and other out-of-school times. Timeline and Next Steps The table below provides an overview of anticipated next steps in the process of bringing the District 3 youth center online and a tentative timeline for upcoming activities. ACTIVITY TIMELINE Complete site assessment and concept plans for identified parcel and bring new capital appropriation request to the BOS for approval FY 24–25 EHSD releases procurement for Measure X-funded youth services September 2024 EHSD awards contract(s) for interim youth services at existing service locations District 3 By the end of FY 24–25 Target date to launch interim youth services in District 3 July 2025 Estimated timeline to open new youth center in District 3 2–5 years Assessment of the potential site for construction of a new youth center in District 3 is still underway. If the County determines through its assessment that the site is feasible, it will conduct a property valuation and develop a concept plan. A recommendation to approve the site will then move forward to the BOS for consideration, accompanied by a new capital appropriation request, which will be required to fund the cost of new construction beyond the $5 million that is already allocated for one-time start-up costs in District 3. As described in the Implementation Activities section of this report, in September 2024 the EHSD will issue an RFP for the Measure X youth centers. Because construction of a new youth center will take several years, for District 3 the RFP will invite proposals to deliver a mix of youth programs and services directly and/or through subcontracted partners at existing service locations within District 3 beginning in July 2025. One or more providers may be selected. Depending on the timing of the new site opening, County-funded service providers in good standing will either be invited to re-apply or to relocate existing Measure X-funded services to the new facility once it is ready to open. 24 Implementation Plan for Measure X-Funded Youth Centers • July 2024 District 4 Youth Center Implementation Plan DISTRICT 4 YOUTH PROFILE There are 19,185 youth ages 12–18 in the district. Racial distribution of 12–18 year olds: 44% White 29% Mixed Race 15% Asian/Pacific Islander 11% Other 1% Black/African American Percent of youth ages 12-18 who are Hispanic/Latino: 31% Language spoken at home by 12–18 year olds: 63% English 23% Spanish <4% All other languages Poverty rate for families with youth ages 12–18 is 7.3%, compared to 10.5% countywide. School and employment connection among 16–18 year olds: 95% are in school 21% are employed 4% are disconnected from both school and employment District share of public benefits enrollment among 12–18 year olds: 15% of Medi-Cal youth 14% of CalFresh youth 15% of CalWORKs youth * Benefits enrollment data for April 2024 was provided by the EHSD. All other data is from the U.S. Census Bureau’s 2022 American Community Survey (see Appendix D). District 4, represented by Supervisor Ken Carlson, is home to the County’s largest city, Concord, and also encompasses the communities of Clayton, Pleasant Hill, Walnut Creek, and the unincorporated Contra Costa Centre and Morgan Territory. This implementation plan for the Measure X youth center in District 4 is informed by community input from residents and youth service providers within the district (see Appendix A), a review of data and other pre-existing needs assessments, interviews with County government subject matter experts, and conversations with the District 4 Supervisor. Population Focus Consistent with community feedback, Measure X-funded services at the District 4 youth center will prioritize middle and high school-aged youth. While the center will emphasize inclusivity and be welcoming of all youth who wish to attend, community feedback indicated a priority on serving youth who are system-involved and/ or from low-income families. To engage and effectively meet the needs of these special populations, the center will utilize targeted outreach strategies and offer services tailored to young people touching the child welfare, juvenile justice and public assistance systems. The EHSD and Contra Costa Probation will support engagement of these special populations. The center will also consider the needs of youth with disabilities and neurodivergent youth, additional populations surfaced by the community as meriting special consideration in District 4. Finally, given that 23 percent of 12–18 year olds in District 4 speak Spanish at home (as compared to 21 percent Countywide), the youth center will also prioritize provision of culturally and linguistically appropriate services for the Hispanic/ Latino population. Priority Programs and Services Based on community input, the top priority programs and services for the District 4 youth center include: »behavioral health services and resources, including mental health supports, counseling, groups to help deal with common sources of pressure such as academic performance and personal identity 25 Implementation Plan for Measure X-Funded Youth Centers • July 2024 development, and substance use education, prevention and treatment, »mentoring programs, »youth employment services, »academic support and tutoring, and »affordable recreational activities, sports and fitness programs. The District 4 center will also seek to connect low-income and system-involved young people to existing county- funded and community-based services and supports, including Medi-Cal enrollment support, access to food and other basic needs, and housing supports, through a combination of onsite services co-location and navigation support. As its budget and partnerships with other service providers allow, the District 4 youth center will additionally seek to make arts/music/cultural, youth leadership, counseling, social/emotional growth programming, and whole family support services available. Location and Hours District 4 community members named Concord more often than any other city or neighborhood when asked about the ideal place for a new youth center. Within Concord, the Monument Corridor neighborhood also surfaced as a suggested location to reach youth most in need. Regardless of specific location, community members requested that the site be central and easily accessible by public transportation. Other local data also indicate Concord as a place of high need. The Probation Department identified Concord (and three other cities outside District 4) as being at significant public safety risk from juvenile crime and a priority for consideration in the disbursement of Juvenile Justice Prevention Act and Youthful Offender Block Grant funds.19 Concord also had one of the highest juvenile arrest rates in 2022.20 As of the release date of this report, an existing facility in Concord has been identified as a potential site for the District 4 youth center. While operating hours will be constrained by available budget, the District 4 center will prioritize access to programming during weekday afternoons and evenings, and if possible weekend afternoons and mornings, as well as extended hours during holidays and school breaks. Timeline and Next Steps The table below provides an overview of anticipated next steps in the process of bringing the District 4 youth center online and a tentative timeline for upcoming activities. ACTIVITY TIMELINE Board approval of District 4 youth center capital grant and term sheet August 2024 EHSD releases procurement for Measure X-funded Youth center service delivery September 2024 EHSD awards youth center service contract(s) for District 4 By the end of FY 24–25 Services launch at District 4 youth center upon completion of site renovations July 2025 Vetting and negotiations regarding the site for the District 4 youth center are still underway. If the site is determined to be feasible, the EHSD anticipates that a draft term sheet outlining the conditions of a capital grant to the operator of the existing facility will be brought to the Board of Supervisors for approval in Summer 2024. As described in the Implementation Activities section of this report, in September 2024 the EHSD will issue an RFP for the Measure X youth centers. For District 4, the RFP will invite proposals to deliver a mix of youth programs and services directly and/or through subcontracted partners at the identified facility beginning no later than July 2025. One or more providers may be selected. 26 Implementation Plan for Measure X-Funded Youth Centers • July 2024 District 5 Youth Center Implementation Plan DISTRICT 5 YOUTH PROFILE There are 18,900 youth ages 12–18 in the district. Racial distribution of 12–18 year olds: 24% Mixed Race 24% Other 19% Asian/Pacific Islander 18% White 16% Black/African American Percent of youth ages 12–18 who are Hispanic/Latino: 45% Language spoken at home by 12–18 year olds: 58% English 28% Spanish <5% All other languages Poverty rate for families with youth ages 12–18 is 20%, compared to 10.5% countywide. School and employment connection among 16–18 year olds: 95% are in school 21% are employed 2% are disconnected from both school and employment District share of public benefits enrollment among 12–18 year olds: 26% of Medi-Cal youth 28% of CalFresh youth 30% of CalWORKs youth * Benefits enrollment data for April 2024 was provided by the EHSD. All other data is from the U.S. Census Bureau’s 2022 American Community Survey (see Appendix D). District 5, represented by Supervisor Federal D. Glover, encompasses the north shore of Contra Costa County and spans the width of the County from east to west. The district includes the cities of Hercules, Martinez, Pittsburg and portions of Pinole and Antioch, as well as the unincorporated communities of Alhambra Valley, Bay Point, Briones, Rodeo, Pacheco, Crockett, Tormey, Port Costa, Mt. View, Vine Hill, Reliez Valley and Clyde. The youth center will be located in the central or eastern part of the district. This implementation plan for the Measure X youth center in District 5 is informed by community input from residents and youth service providers within the district (see Appendix A), a review of data and other pre-existing needs assessments, interviews with County government subject matter experts, and conversations with the District 5 Supervisor. Population Focus Consistent with community feedback, the District 5 youth center will serve middle and high school-aged youth. While the center will emphasize inclusivity and be welcoming of all youth who wish to attend, community feedback indicated a priority on serving youth who are system-involved and/or from low-income families. To engage and effectively meet the needs of these special populations, the center will utilize targeted outreach strategies and offer services tailored to young people touching the child welfare, juvenile justice and public assistance systems. The EHSD and the Probation Department will support engagement of these special populations. The center will also consider the needs of households headed by single parents, another population surfaced by the community as meriting special consideration in District 5. A disproportionate percentage of youth in District 5 identify as Hispanic/Latino (45 percent as compared to 36 percent Countywide) and speak Spanish at home (28 percent as compared to 21 percent Countywide). Therefore, the youth center will also highly prioritize provision of culturally and linguistically appropriate services for this population. 27 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Priority Programs and Services Based on community input, the top priority programs and services for the District 5 youth center include: »behavioral and mental health support and resources, »academic support and tutoring, »youth leadership opportunities, »youth employment services, and »music, arts, and cultural programs. District 5 has a distressingly high 20 percent poverty rate among families with youth ages 12–18, nearly double the countywide rate. District 5 also has more than a quarter of the County’s youth caseloads for major public benefits programs (i.e.., Medi-Cal, CalFresh and CalWORKs). As a result, the youth center in District 5 will adopt a whole- family support approach, connecting low-income program participants to a robust array of existing County-funded and community-based services and supports, including public benefits enrollment support, access to food and other basic needs, and housing supports, through a combination of onsite services co-location and navigation support. As its budget and partnerships with other service providers allow, the District 5 youth center will additionally seek to make programming available in other areas mentioned in community and county partner feedback, including fitness and recreation, counseling, mentoring, and financial literacy training. This last service was identified by youth as a priority service need in a recent assessment conducted in the City of Pittsburg, which otherwise identified needs that closely mirrored the priorities bulleted above that emerged from the Measure X youth centers community engagement process.”21 Location and Hours Feedback from District 5 stakeholders elevated Pittsburg as the most favored location for a youth center, followed by Antioch and Bay Point. Community informants also stressed the need for the center to be near public transportation. Some noted that placing the youth center in underserved areas of high need and low resources, which would have the dual benefit of providing support to youth in those neighborhoods and bringing together youth from diverse socioeconomic backgrounds. Other local data also indicate Pittsburg and Antioch as places of high need. The County’s plan to prevent entries into the child welfare and juvenile justice systems identified East County, which includes the cities of Antioch and Pittsburg, as having the greatest need for additional resources and services.22 The Probation Department identified Pittsburg and Antioch (and two other cities outside District 5) as being at significant public safety risk from juvenile crime and a priority for consideration in the disbursement of Juvenile Justice Prevention Act and Youthful Offender Block Grant funds.23 Antioch also had one of the highest juvenile arrest rates in 2022.24 Consistent with community input, the District 5 youth center will be located in a new building to be constructed on the County-owned Los Medanos site in Pittsburg, which is currently home to a County-operated health clinic. The site is also in close proximity to an adult school, a community college and an EHSD office offering children and families, adult and aging, and workforce development services. Los Medanos is approximately 1.7 miles from the Pittsburg Center BART station and multiple public bus routes serve the area. While operating hours will be constrained by available budget, the District 5 center will prioritize access to programming seven days a week during the afternoons and evenings, as well as extended hours during holidays and school breaks, with a lesser priority on morning hours. Timeline and Next Steps The table below provides an overview of anticipated next steps in the process of bringing the District 5 youth center online and a tentative timeline for upcoming activities. ACTIVITY TIMELINE EHSD releases procurement for Measure X-funded youth services September 2024 Bring concept plan and new capital appropriation request to the BOS for approval FY 24–25 EHSD awards youth center operating and service contract(s) for District 5 By the end of FY 24–25 Target date to launch interim youth services in District 5 July 2025 Estimated timeline to open new youth center in District 5 2–3 years Given that the County owns the Los Medanos site, planning for construction of the youth center can begin relatively quickly. Once a concept plan is drafted, County 28 Implementation Plan for Measure X-Funded Youth Centers • July 2024 staff will bring the plan to the BOS for consideration, accompanied by a new capital appropriation request, which will be required to fund the cost of new construction beyond the $5 million that is already allocated for one-time start-up costs in District 5. As described in the Implementation Activities section of this report, in September 2024 the EHSD will issue an RFP for the Measure X youth centers. Because construction of a new youth center will take several years, the RFP will invite proposals to deliver a mix of youth programs and services directly and/or through subcontracted partners at existing service locations within District 5 beginning in July 2025. Current structures located at the Los Medanos site have some underutilized space that can be utilized to offer services while the new building is under construction. The EHSD will evaluate this space and make it available to nonprofit service providers awarded through its RFP process, as appropriate. One or more providers may be selected. Depending on the timing of the new site opening, County-funded service providers in good standing will either be invited to re-apply or to relocate existing Measure X-funded services to the new facility once it is ready to open. 29 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Endnotes 1 The source for data contained in Chart 3 is: U.S. Census Bureau. “Selected Characteristics of People at Specified Levels of Poverty in the Past 12 Months.” American Community Survey, ACS 1-Year Estimates Subject Tables, Table S1703. 2022. https://data.census.gov/table/ ACSST1Y2022.S1703?q=poverty in Contra Costa County, California. Accessed on April 3, 2024. 2 Children Now. “2023 California County Scorecard of Children’s Well- Being.” https://www.childrennow.org/portfolio-posts/2023-california- county-scorecard-of-childrens-well-being/ 3 Ibid. 4 Resource Development Associates Consulting. “Contra Costa County 2021 Report on Juvenile Justice Programs and Services.” 2022. Page 8. https://rdaconsulting.com/wp-content/uploads/2022/08/2021_ Report_on_Juvenile_Justice_Programs_and_Services_202200211_ STC.pdf 5 Contra Costa County Children & Family Services and Contra Costa County Probation Department. “Contra Costa County Comprehensive Prevention Plan.” July 2023. Page 29. https://www.caltrin.org/wp- content/uploads/2023/07/Contra-Costa-CPP-7.24.23.pdf 6 Contra Costa County Children & Family Services and Contra Costa County Probation Department. “Contra Costa County Comprehensive Prevention Plan.” July 2023. Page 35. https://www.caltrin.org/wp- content/uploads/2023/07/Contra-Costa-CPP-7.24.23.pdf 7 2024 Point-In-Time (PIT) Count data provided by Contra Costa Health. See the Contra Costa Health Health, Homelessness and Housing Data Reports web page. for more information. https://www. cchealth.org/ services-and-programs/homeless-services/data 8 Resource Development Associates Consulting. “Contra Costa County 2021 Report on Juvenile Justice Programs and Services.” 2022. Page 13. https://rdaconsulting.com/wp-content/uploads/2022/08/2021_ Report_on_Juvenile_Justice_Programs_and_Services_202200211_ STC.pdf 9 Contra Costa Health. “2024 Point-In-Time (PIT) Summary.” Health, Homelessness and Housing Data Reports web page. https://www. cchealth.org/services-and-programs/homeless-services/data 10 Matthew Aronson Consulting. “Contra Costa County Youth and Young Adult Homelessness Community Needs Assessment.” Presentation to the Council on Homelessness. March 7, 2024. https://www.contracosta. ca.gov/AgendaCenter/ViewFile/Agenda/_03072024-6064 11 Data provided by the Workforce Development Board of Contra Costa County, and derived from California Employment Development Department datasets. 12 Contra Costa County Office of Racial Equity and Social Justice. “Recommendations for Contra Costa Office of Racial Equity and Social Justice.” 2022. Page 33. http://64.166.146.245/docs/2022/ BOS/20221025_2041/50520_ORESJ.FINAL.190CT2022.pdf 13 Contra Costa Health, Behavioral Health Services. “Contra Costa Health Behavioral Health 2023–2026 Cultural Humility Plan.” Page 43. https://www.cchealth.org/home/ showpublisheddocument/29709/638457484253500000 14 Contra Costa County Children & Family Services and Contra Costa County Department. “Contra Costa County Comprehensive Prevention Plan.” July 2023. Page 33. https://www.caltrin.org/wp-content/ uploads/2023/07/Contra-Costa-CPP-7.24.23.pdf 15 Resource Development Associates Consulting. “Contra Costa County 2021 Report on Juvenile Justice Programs and Services.” 2022. Page 9. https://rdaconsulting.com/wp-content/uploads/2022/08/2021_ Report_on_Juvenile_Justice_Programs_and_Services_202200211_ STC.pdf 16 Contra Costa County Children & Family Services and Contra Costa County Probation Department. “Contra Costa County Comprehensive Prevention Plan.” July 2023. Page 32. https://www.caltrin.org/wp- content/uploads/2023/07/Contra-Costa-CPP-7.24.23.pdf 17 Contra Costa County Children & Family Services and Contra Costa County Probation Department. “Contra Costa County Comprehensive Prevention Plan.” July 2023. Page 24. https://www.caltrin.org/wp- content/uploads/2023/07/Contra-Costa-CPP-7.24.23.pdf 18 Contra Costa County Probation Department. “2024-2025 Juvenile Justice Crime Prevention Act and Youthful Offenders Block Grant Annual Plan.” April 29, 2024. Pages 7–8. https://www.bscc.ca.gov/ wp-content/uploads/2024/05/Conta-Costa-JJCPA-YOBG-2024-2025- Annual-Plan.pdf 19 Ibid. 20 Contra Costa County Children & Family Services and Contra Costa County Probation Department. “Contra Costa County Comprehensive Prevention Plan.” July 2023. Page 32. https://www.caltrin.org/wp- content/uploads/2023/07/Contra-Costa-CPP-7.24.23.pdf 21 Lincoln Families. “Assessment of Service Needs, Strengths, and Opportunities for Children, Youth, and Families in Pittsburg, California.” January 2023. Page 9. https://drive.google.com/file/d/1NrZXTGruclZ mlbOfw09TV0k3zFqLLRAj/view?usp=sharing. 22 Contra Costa County Children & Family Services and Contra Costa County Probation Department. “Contra Costa County Comprehensive Prevention Plan.” July 2023. Page 24. https://www.caltrin.org/wp-con- tent/uploads/2023/07/Contra-Costa-CPP-7.24.23.pdf 23 Contra Costa County Probation Department. “2024-2025 Juvenile Justice Crime Prevention Act and Youthful Offenders Block Grant Annual Plan.” April 29, 2024. Pages 7–8. https://www.bscc.ca.gov/ wp-content/uploads/2024/05/Conta-Costa-JJCPA-YOBG-2024-2025- Annual-Plan.pdf 24 Contra Costa County Children & Family Services and Contra Costa County Probation Department. “Contra Costa County Comprehensive Prevention Plan.” July 2023. Page 32. https://www.caltrin.org/wp- content/uploads/2023/07/Contra-Costa-CPP-7.24.23.pdf 30 Implementation Plan for Measure X-Funded Youth Centers • July 2024 CONTRA COSTA COUNTY Measure X Youth Centers Community Engagement Report Community Engagement and Report by Social Change Partners and New Ways to Work June 27, 2024 Appendix A: Contra Costa County Measure X Youth Centers Community Engagement Report 31 Implementation Plan for Measure X-Funded Youth Centers • July 2024 2 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Contents Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Measure X Youth Centers ...............................................................................................................................5 Community Engagement Process ..................................................................................................................6 Timeline ........................................................................................................................................................6 Methodology and Interpretation of Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Listening Sessions .........................................................................................................................................7 Survey ...........................................................................................................................................................8 Outreach Methods .........................................................................................................................................9 Interpreting the Data .....................................................................................................................................9 District 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Summary: District 3 Respondents ................................................................................................................11 Priority Populations .....................................................................................................................................11 Challenges Faced by Young People in the Community ..................................................................................13 Recommended Youth Center Programming .................................................................................................14 Locations .....................................................................................................................................................16 Operating Hours ..........................................................................................................................................16 Staffing Considerations ...............................................................................................................................17 District 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 Summary: District 4 Respondents ................................................................................................................18 Priority Populations .....................................................................................................................................18 Challenges Faced by Young People in the Community ..................................................................................20 Recommended Youth Center Programming .................................................................................................21 Locations .....................................................................................................................................................22 Operating Hours ..........................................................................................................................................22 Staffing Considerations ...............................................................................................................................23 District 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Summary: District 5 Respondents ................................................................................................................24 Priority Populations .....................................................................................................................................24 Challenges Faced by Young People in the Community ..................................................................................26 Recommended Youth Center Programming .................................................................................................27 Locations .....................................................................................................................................................28 Operating Hours ..........................................................................................................................................28 Staffing Considerations ...............................................................................................................................29 Appendix A: Contra Costa County Measure X Youth Centers Community Listening Sessions . . . . .30 Appendix B: Listening Session Script . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Appendix C: Existing Organizations and Programs for Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Appendix D: Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 Appendix E: Advertising Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 32 Implementation Plan for Measure X-Funded Youth Centers • July 2024 3 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Executive Summary Measure X, a 20-year, ½ cent sales tax approved by Contra Costa County voters in November 2020, aims to fund various essential health and social services. Based on a recommendation by the Measure X Community Advisory Board, the Contra Costa County Board of Supervisors approved Measure X funding for the development of three new youth centers in the county. This Community Engagement Report summarizes findings from a comprehensive public engagement process conducted from October 2023 to May 2024, which included 32 listening sessions with 488 attendees and an online survey completed by 329 respondents. Participants in the community engagement process were residents of or youth service providers in Contra Costa County Districts 3, 4, and 5. Youth comprised 45% of total participants, with far more attending listening sessions (351) than responding to the survey (10). The stakeholder feedback contained in this report will be used by the Board of Supervisors and County staff to inform implementation plans for the three Measure X youth centers. The resulting service sites will undoubtedly be enhanced by the rich input that community members took time to provide. In sum, the community input reveals a strong consensus across Districts 3, 4, and 5 regarding the key priorities and preferences for the youth centers, emphasizing the importance of creating inclusive spaces that cater to the needs of diverse youth populations aged 13–18, with a shared priority to provide programs and services that promote mental health, academic support, recreation, and youth employment resources. Respondents stressed the importance of easily accessible locations, afternoon and weekend hours of operation, and staff who have experience working with youth and strong connections to the community. Participants across districts also saw involvement from the community and schools as essential for the success of the youth centers. While the overarching themes remained consistent, there were also variations in community feedback across the three districts. The overarching themes are provided here and the district variations are detailed in the three district- specific sections. Ages Over 80% of survey respondents believed that youth ages 13 to 17 are the primary age group the youth centers should serve. Nearly two-thirds of respondents felt the centers should serve 18-year-olds, with support dropping off from each age thereafter up to 25. Listening session attendees aligned with survey respondents, with the consensus being that centers should serve middle and high school-aged youth. Listening session attendees emphasized the importance of separation between age groups, either by time or space. Attendees expressed concerns over mixing minors with youth over 18 and mixing middle school youth with high school youth. Some concerns related to safety, while others focused on the age-appropriateness of programming. Priority Sub-Groups Survey respondents emphasized the need to prioritize youth from systems of care and low-income families, while also noting that the centers should be open to all youth in the community without distinction. This aligns with the listening session discussions, where participants emphasized the importance of creating an inclusive environment that welcomes youth from diverse backgrounds and avoids stigmatizing special priority populations, while providing additional services for systems-involved youth. PARTICIPANTS LISTENING SESSIONS 488 primarily youth SURVEYS 329 primarily adults 33 Implementation Plan for Measure X-Funded Youth Centers • July 2024 4 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Youth Challenges The survey results and listening session findings paint a picture of the primary challenges faced by youth in Contra Costa County, with mental health, lack of low-cost recreation opportunities, and substance abuse emerging as the most pressing concerns across all districts. While peer pressure and the negative impacts of social media were not explicitly included as options in the survey, listening session attendees, particularly youth, frequently mentioned these challenges. Programming Across all districts, the survey results highlight the importance of behavioral and mental health support, which respondents consistently ranked as the top priority. Participants in listening sessions also highlighted the need for these services, and noted the difficulty youth face in accessing mental health resources. Academic support, recreation, and youth employment services were also shared priorities for youth center programming. Location Respondents across all districts stressed the importance of centers that are easily accessible by public transportation and located in central, safe areas. Regardless of the specific location, participants emphasized the importance of creating a space that appeals to youth. The residency of survey respondents and session attendees also likely influenced their responses. Hours of Operation Overall, feedback regarding preferred hours of operation for youth centers was remarkably consistent across all districts in both the listening session discussions and the survey results, emphasizing out-of-school times (i.e., weekday afternoons and evenings, weekend afternoons) when youth are most likely to need and benefit from their services. Listening session attendees also thought centers should be open seven days a week, with extended weekday hours during out-of-school times such as the summer. Staffing Considerations Survey respondents across all districts consistently ranked “Having general experience working with youth” as the most important staff characteristic. Respondents also prioritized “Having lived experience” (i.e., firsthand knowledge and wisdom gained through personal involvement in specific situations or circumstances) and “Being from the community where the new youth center will be located.” Listening session attendees agreed on the importance of these qualities, but also expressed the importance of staff who can relate to youth, are emotionally intelligent, are strong communicators, and have a passion for working with youth. 34 Implementation Plan for Measure X-Funded Youth Centers • July 2024 5 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Introduction Measure X Youth Centers Measure X is a countywide 20-year, ½ cent sales tax approved by Contra Costa County voters on November 3, 2020. The County began collecting the tax on April 1, 2021. The ballot measure language stated that the intent of Measure X is “to keep Contra Costa’s regional hospital open and staffed; fund community health centers, emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential County services.” The Board of Supervisors (BOS) established a 27-member Measure X Community Advisory Board (MXCAB) to advise the BOS on the use of Measure X funds. The MXCAB is a diverse and broadly representative group of individuals who live and/or work in Contra Costa County. The primary responsibilities of the MXCAB are to oversee a regular written assessment of community needs; to recommend general Measure X funding priorities to the BOS, based on the findings of the Needs Assessment; and to provide an annual report to the BOS on the outcomes and impact of allocated Measure X funds. The MXCAB organized its funding recommendations into five goal areas derived from the original language of Measure X: Goal #1: Mental Well-Being We strive to be a community that supports the mental and behavioral health and well-being of all residents through prevention, crisis response services, intersectional supports, and innovative cross-sector approaches. Goal #2: Equity in Action We strive to be a community that prioritizes equity and removes structural barriers that cause inequities and poverty, so that all residents can thrive. Goal #3: Healthy Communities We strive to be a community in which all residents have access to affordable, timely, culturally responsive healthcare; adequate housing; high-quality childcare; and nutritious food, all of which have become more urgent as we address the ravages of the pandemic. Goal #4: Intergenerational Thriving We strive to be a community that intentionally strengthens and provides support for all residents and for family members of all generations, including children, youth, and older adults. Goal #5: Welcoming & Safe Community We strive to be a community where all residents feel safe and welcome and receive emergency help when they need it. Following months of information gathering, testimony, public comment and discussion, including a June 9, 2021, hearing on the needs of youth and young adults in Contra Costa County, the MXCAB began to coalesce around funding priorities. In August 2021, the MXCAB polled its members to generate a ranked list of priorities for submission to the BOS. The poll included “community- based youth centers & services”’ as one option for funding. Of the 19 voting MXCAB members, 95 percent rated youth centers as a high priority. The MXCAB Report to the Contra Costa Board of Supervisors, dated October 6, 2021, included a recommendation to invest in youth centers as one strategy under Goal #4 (Intergenerational Thriving). The BOS approved funding for three new youth centers in Contra Costa County: one in District 3, which includes Discovery Bay, part of Antioch, Bethel Island, Brentwood, Oakley, and surrounding unincorporated areas; another in District 4, which includes Concord, Clayton, Pleasant Hill, Walnut Creek, and surrounding unincorporated areas; and another in District 5, which includes Pittsburg, part of Antioch, and surrounding unincorporated areas, including Bay Point. 35 Implementation Plan for Measure X-Funded Youth Centers • July 2024 6 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Community Engagement Process The Contra Costa County Employment & Human Services Department (EHSD) contracted with Social Change Partners, who in turn subcontracted with New Ways to Work, to conduct public engagement facilitation services for the purpose of gathering community input to inform the development of a Request for Proposal (RFP) to select organizations to operate and deliver services at three Measure X-funded youth centers in Districts 3, 4, and 5. The Youth Committee of the Workforce Development Board of Contra Costa County (WDBCCC-YC) oversaw this work. To further support the implementation of the project, the WDBCCC-YC approved a Measure X Youth Centers Ad Hoc Committee comprised of community leaders and subject matter experts in youth development to review the data, findings, and recommendations generated through the community input. Members of the Ad Hoc Committee are: »Gina Del Carlo, Earn and Learn and WDBCCC-YC member »Kiki Farris, Contra Costa County Probation »Don Graves, Contra Costa County Employment & Human Services Independent Living Skills Program (ILSP) »Cori Johnson, Rainbow Community Center »Dana Johnson, Rainbow Community Center »Natasha Paddock, COPE Family Services »Christy Saxton, Contra Costa Health, Housing and Homeless Services team (H3) The community engagement aimed to explore the following as pertinent to each of the youth centers: 1. Identification of demographics of the target population (e.g., age ranges, sub-groups) 2. Challenges and service needs of youth 3. Identification of programs and services to be provided 4. Potential youth center locations and siting considerations 5. Center operating hours 6. Staffing considerations Timeline AUGUST–OCTOBER 2023 Identified key channels and methods of outreach. OCTOBER 2023–MAY 2024 Thirty-two community listening sessions were held with 488 attendees and an online survey was completed by 329 respondents. DECEMBER 2023–JUNE 2024 The Ad Hoc Committee met four times to discuss implementation of the community engagement process, assess emerging data and findings, and review and provide feedback on this report. JUNE 2024 The Ad Hoc Committee to the Youth Committee of the Workforce Development Board of Contra Costa County submitted this report with a recommendation to approve and transmit to the Board of Supervisors. 36 Implementation Plan for Measure X-Funded Youth Centers • July 2024 7 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Methodology and Interpretation of Results Listening Sessions Between October 2023 and May 2024, there were 32 community listening sessions held virtually and in person across Districts 3, 4, and 5, with 488 people attending these sessions. Youth under the age of 25 constituted 73% of attendees (n=354), while adults comprised the other 27% (n=134). A full list of listening session dates, locations, and participant counts is provided in Appendix A. The listening session script (Appendix B) aligned with the questions in the online survey so that results could be compared. However, the listening session format allowed for participant interaction, resulting in the collection of more nuanced and detailed qualitative data to complement the survey instrument. The eight questions discussed during the sessions were: 1. Which ages should the youth centers focus on? 2. Which particular groups of young people do you think are most in need of a youth center? 3. What are the main challenges faced by young people in your neighborhood? 4. What kind of programs would you like the youth center to offer? 5. What should the County consider when thinking about potential locations for the centers? 6. When should the centers be open? 7. What skills, experiences, or characteristics of youth center staff are most important in helping youth achieve their goals? 8. Are there existing youth centers, nonprofit organizations, or programs that the County should take a look at? A full list of responses to question number 8 is included in Appendix C. This list will be used during the implementation phase to research comparable youth centers, identify best practices, and to invite organizations to apply to be a Measure X youth center operator or service provider. For questions 2–5 and 7, session facilitators provided prompts as to possible answers if needed (e.g., “potential programming might consist of youth leadership opportunities, mental health support and resources, or sports leagues and fitness programs”). Prompts were rarely necessary. The facilitators of the listening sessions took notes and/or recorded sessions, which were subsequently reviewed to identify the key themes and priorities brought up in each district. Before including facilitators’ feedback on session themes and priorities in this report, another party cross- checked the facilitators’ opinions against session notes and/or recordings to ensure alignment. The following collaborators hosted in-person listening sessions: DISTRICT 3 %Antioch Community Center %Brentwood Community Center %Deer Valley High School (Antioch) %Freedom High School (Oakley) %Liberty High School (Brentwood) %Opportunity Junction (Antioch) %Oakley Youth Advisory Council DISTRICT 4 %Concord Library DISTRICT 5 %Antioch High School %Antioch Library %Bay Point Municipal Advisory Council %Beat the Streets (Antioch) %City of Pittsburg Youth Advisory Council %People Who Care (Pittsburg) %Pittsburg High School %Pittsburg Senior Center 37 Implementation Plan for Measure X-Funded Youth Centers • July 2024 8 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Although not everyone at listening sessions identified themselves, it is known that, in addition to the hosting organizations, people from the following organizations provided feedback at listening sessions: DISTRICT 3 %Brentwood Youth Commission DISTRICT 4 %Concord Community Youth Center %Mt. Diablo USD HOPE Program for Unhoused Youth DISTRICT 5 %Boys & Girls Clubs of Contra Costa %East County NAACP Youth Council %Genesis Church %Midnight Basketball COUNTY-WIDE OR MULTI-DISTRICT %Board of Supervisors (staff) %City of Antioch (staff) %Contra Costa County Library %Contra Costa County Office of Education %Here Today, Home Tomorrow %Measure X Community Action Board %Stu212 Music Therapy, Coping and Creativity OUTSIDE OF COUNTY %Fresh Lifelines for Youth Survey Community members could access an online survey from September 29, 2023, to April 30, 2024. In general, there were two rounds of data collection. The research team used time in between to make modifications to the survey (e.g., reordering question sequence to improve survey flow, combining two questions that were yielding duplicative responses, and recoding to allow only respondents affiliated with Districts 3, 4 and 5 to respond). The team was thoughtful in limiting the changes so that (1) comparisons across all responses were straightforward, and (2) they did not compromise the validity of the results. The survey included many question types, including direct yes/no responses, multiple choice (select one), multiple choice (select all that apply), select top five, and priority rankings. A small number of round one survey responses from outside the target districts were not analyzed or included in the results. The survey received a total of 329 responses, the vast majority of which were from adults (93%, n=306). The remaining respondents opted not to provide their age (4%, n=13) or were youth (i.e., less than 25 years old; 3%, n=10). The research team collected the data using Qualtrics, a powerful, industry-leading survey software, and a staff member experienced in research and evaluation performed the analysis. The results were compiled when the survey closed. The analyst created clear variable names for each survey question and organized the data in a manner dependent on the format of the question and the response scales. To facilitate analysis, the analyst coded the data by assigning numerical or categorical values to the different response options and ran a frequency analysis for each survey question to count how many times each response option was selected and to ensure that the data had been coded correctly. The survey included a few open-ended response boxes. If the survey analyst identified common themes within a district, the themes are included in the district-specific analysis below. The survey instrument is included in Appendix D. 38 Implementation Plan for Measure X-Funded Youth Centers • July 2024 9 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Outreach Methods Outreach methods for the survey and listening sessions included community collaborations and social media advertising. Collaborators shared engagement opportunities in multiple forums, including at public meetings, with flyers, on their websites and social media pages, through newsletters and emails, and via word of mouth. The research team promoted the survey and listening sessions through Facebook advertisements; 62,161 Facebook accounts viewed the advertisements, with a total of 191,625 impressions and 1,516 link clicks.1 Sample advertising is included in Appendix E. Collaborators who assisted in advertising the survey and listening sessions included: »Contra Costa Adult School—shared via word of mouth and/or email with program participants »Contra Costa County Office of Education—shared information with the county-wide youth health coalition and requested that school principals in Districts 3, 4, and 5 distribute the information via email »Contra Costa County Supervisors Diane Burgis (District 3), Ken Carlson (District 4), and Federal D . Glover (District 5)—shared input opportunities in their newsletters »EHSD Media Team—shared the survey and listening session registration links on their website and social media pages, along with the outreach flyer, which was also printed and made available at physical customer service locations »EHSD School-Based Navigators—shared the information amongst their school communities »Heritage High School—shared via word of mouth and/ or email with students »Measure X Community Advisory Board—received flyers and distributed them to their networks »Measure X Youth Centers Ad Hoc Committee of the 1 “Accounts” defines the total number of individuals who viewed the advertisements. “Impressions” quantify the total number of digital views an advertisement, post, or web page receives (there are multiple impressions per account). “Link clicks” are the total number of times the web link was clicked. 2 “Response bias is defined as a consistent tendency to respond inaccurately to survey questions, leading to consistent errors in the data. This bias can distort the validity of the collected data and compromise the reliability of any conclusions drawn from it.” Reference: McGrath, R. E., Mitchell, M., Kim, B. H., & Hough, L. (2010). Evidence for response bias as a source of error variance in applied assessment. Psychological Bulletin, 136(3), 450–470. https://doi-org .ezproxy .rice .edu/10 .1037/a0019216 WDBCCC-YC—distributed flyers to their networks »Managers of Youth Councils/Committees in Oakley, Antioch, Brentwood, Concord, and Pittsburg— shared via word of mouth and/or email with program participants »Workforce Development Board of Contra Costa County—shared in their online newsletter, posted to their social media channels and made print copies of the outreach flyer available in physical customer service locations Interpreting the Data The data presented in the sections that follow represent a diverse group of individuals of varied ages, races, and backgrounds in Districts 3, 4, and 5, to give a sense of the varied needs and wishes of each community. As detailed below, there were fewer survey respondents than listening session participants, and survey respondents were primarily adults whereas listening session participants were primarily youth. While survey response data is easier to digest “at a glance” than descriptions of qualitative feedback from the listening sessions, decision makers should be careful to consider the totality of feedback gathered through both methods. Particularly in Districts 3 and 5, where significant numbers of youth participated in listening sessions, readers are encouraged to give particular weight to the input offered by young people who are the intended beneficiaries of the youth centers. The survey data is mostly quantitative. Surveys make it easy to capture the exact count of individuals who gave a particular response but may not capture the full depth and nuance of individual experiences or opinions and may be subject to response bias.2 Listening sessions offer qualitative data in a conversational format. While this makes it impossible to capture precise counts of participants who said or agreed with a particular response, listening sessions reveal common themes 39 Implementation Plan for Measure X-Funded Youth Centers • July 2024 10 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 within the community as well as personal experiences and opinions, allowing for a deeper understanding of the context and reasons behind participants’ perspectives. However, listening session participants may be influenced by the opinions of others or feel pressure to conform to the group’s dominant view. This can lead to biased responses or the suppression of minority opinions. The charts reflect analysis of the survey results and listening sessions. In some tables, there is a column identifying the responses most often rated in the “Top 3.” Responses in this column are shaded if selected by more than 50% of the total number of survey respondents in the district. The “Ranked 1st” column indicates how many survey respondents in the district ranked that answer as the top priority. These same charts indicate whether listening session attendees within a district prioritized a particular response. 40 Implementation Plan for Measure X-Funded Youth Centers • July 2024 11 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 District 3 Summary: District 3 Respondents Between listening sessions and survey respondents, there were 468 instances of engagement in the District 3 community input process. All the participants included in the tables within this section reside in District 3 or provide services in the district. Of all District 3 survey and listening session participants, 62% (n=290) were youth, 38% (n=176) were adults, and fewer than 1% of participants did not declare an age. Youth were far more likely to attend a listening session than respond to the survey in District 3. A total of 145 respondents filled out the survey in District 3. They were primarily adults (96%, n=139). The remaining respondents were youth (3%, n=4) or opted not to provide their age (1%, n=2). There were 11 community listening sessions dedicated to District 3 residents and youth service providers. There were also District 3 participants representing the District at cross-district listening sessions. A total of 323 District 3 residents or providers attended listening sessions. Youth under the age of 25 constituted 89% (n=286) of attendees, while adults comprised 11% (n=37). A detailed breakdown can be seen below. LISTENING SESSION PARTICIPANTS Adult 37 (11%) Youth 286 (89%) SUBTOTAL 323 (100%) SURVEY PARTICIPANTS Adult 139 (96%) Youth 4 (3%) Age Unknown 2 (1%) SUBTOTAL 145 (100%) TOTAL 468 (62% youth and 38% adults) Priority Populations AGES The survey results and feedback from listening session attendees in District 3 indicate a strong preference for the youth centers to focus on serving middle and high school- aged youth. AGE PREFERENCEDistrict 3 District 4 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 13 14 15 16 17 18 19 20 21 22 23 24 25Percent of RespondentsAge of Youth to Be Served 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 13 14 15 16 17 18 19 20 21 22 23 24 25Percent of RespondentsAge of Youth to Be Served Over 90% of District 3 survey respondents selected ages 13–17 as the primary age group that the youth centers should serve, with slightly lower but still robust support for serving 18-year-olds (74% of respondents). There was a significant decrease in respondents selecting age 19 (48%) and the frequency of age selection continued downward as the age increased to 25 (11%). Listening session participants echoed these findings, emphasizing that middle school is a critical time when youth often “stop having places to go” and are at a higher risk of getting into trouble if not engaged in meaningful activities. While the survey response options only included ages 13–25, about half of District 3 listening sessions included discussions about serving youth younger than middle school age. Adults were more likely than youth to suggest serving youth younger than middle school age or older than high school age. Both adult and youth attendees emphasized the importance of separation between age groups by time, space, and/or programming. 41 Implementation Plan for Measure X-Funded Youth Centers • July 2024 12 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 DEMOGRAPHICS/SUB-GROUPS OF YOUTH The survey data and listening session findings in District 3 demonstrate a strong consensus on the importance of inclusivity (serving “all youth”) at the centers, with a particular emphasis on supporting sub-groups that are considered most in need, such as youth from systems of care (e.g., foster care and juvenile justice), and low-income families. PRIORITY SUB-GROUPS RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Youth from Systems of Care Yes 90 (62%)26 (18%) Low-Income Families No 83 (57%)25 (17%) All Youth Yes 72 (50%)63 (43%) Single Parent Households No 63 (43%)11 (8%) Out-of-School Youth No 45 (31%)10 (7%) Children with a Disability No 41 (28%)3 (2%) LGBTQ+ Youth No 22 (15%)3 (2%) Families New to Area No 11 (8%)1 (1%) * Participants were 94% Youth, 6% Adults . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 96% Adults, 3% Youth, 1% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. The primarily adult survey respondents in District 3 ranked youth from systems of care (62%), low-income families (57%), and all youth (50%) as the top three sub-groups most in need of a youth center. The selection “all youth” stresses the importance of inclusivity at the centers and aligns with the listening session discussions, where the participants (mostly youth) emphasized the need to create an inclusive environment that welcomes youth from diverse backgrounds and where no one is made to feel inferior or segregated. Inclusivity was also a common theme of open-ended survey responses to the question “Please describe a youth center that you would want to go to.” Listening session attendees agreed with survey respondents on the need to provide additional services for systems- involved youth, including those in foster care, with special or mental health needs, experiencing homelessness, and those who are differently abled. 42 Implementation Plan for Measure X-Funded Youth Centers • July 2024 13 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Challenges Faced by Young People in the Community Cumulatively, the survey results and listening sessions findings paint a picture of the primary challenges faced by youth in District 3, with lack of low-cost recreation opportunities and mental health indicated most frequently as pressing concerns, followed by drug use and bullying. CHALLENGES FACED BY YOUTH RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Lack of low-cost recreation opportunities Yes 64 (44%)35 (24%) Mental health Yes 63 (43%)28 (19%) Drug use Yes 30 (21%)9 (6%) Bullying Yes 28 (19%)8 (6%) Community violence No 27 (19%)13 (9%) Lack of Diversity, Equity, & Inclusion No 23 (16%)12 (8%) Housing affordability No 19 (13%)10 (7%) Employment/job opportunities Yes 18 (12%)5 (3%) Poverty No 13 (9%)6 (4%) Child abuse No 11 (8%)6 (4%) Discrimination No 10 (7%)3 (2%) Homelessness No 5 (3%)2 (1%) Healthcare/other social services access Yes 4 (3%)1 (1%) Food insecurity Yes 3 (2%)0 (0%) * Participants were 94% Youth, 6% Adults . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 96% Adults, 3% Youth, 1% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. Forty-four percent of District 3 survey respondents thought the lack of low-cost recreation opportunities was one of the top three challenges in the district, with listening session attendees expressing that a lack of free resources/things to do for teens is a major challenge. Survey respondents identified mental health and drug use as other key challenges, with 43% and 21%, respectively, ranking them among the top three concerns in District 3. Listening session attendees highlighted the difficulty in obtaining mental health services due to appointment wait times and transportation issues. While the survey response options did not explicitly include transportation, peer pressure, and the negative impacts of social media, youth in District 3 listening sessions frequently discussed these challenges. “There are not a lot of free places where teenagers can go. We run out of stuff to do and it leads to us being inside all the time.” 43 Implementation Plan for Measure X-Funded Youth Centers • July 2024 14 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Recommended Youth Center Programming Program offerings prioritized in the top three by 20% or more of District 3 participants included sports leagues and fitness; behavioral and mental health support; academic support and tutoring; youth employment services; and music, art, and culture programs. Listening session respondents concurred. PROGRAMMING YOUTH CENTER SHOULD OFFER RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Sports leagues & fitness Yes 41 (28%)23 (16%) Behavioral & mental health support Yes 38 (26%)14 (10%) Academic support &/or tutoring Yes 35 (24%)15 (10%) Youth employment trainings/resources Yes 34 (23%)14 (10%) Music, art, or culture programs Yes 31 (21%)14 (10%) Mentoring programs No 27 (19%)11 (8%) Counseling/support groups Yes 25 (17%)10 (7%) Youth leadership opportunities Yes 23 (16%)9 (6%) Social-emotional growth programs Yes 21 (14%)7 (5%) Safe space for leisure Yes 16 (11%)9 (6%) Life skills training Yes 13 (9%)4 (3%) Food access/sustainable farming Yes 12 (8%)7 (5%) Tech/computer labs Yes 8 (6%)2 (1%) Language/literacy/ESL No 6 (4%)1 (1%) Community building/peer-oriented events No 5 (3%)4 (3% Housing navigation support No 4 (3%)1 (1%) Health & sex education/resource access No 2 (1%)1 (1%) * Participants were 94% Youth, 6% Adults . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 96% Adults, 3% Youth, 1% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. 44 Implementation Plan for Measure X-Funded Youth Centers • July 2024 15 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 In the District 3 survey, sports leagues and fitness was the programming choice that appeared most often in the top three (28% of survey respondents). This priority was reinforced by open-ended survey responses that also called out the need for recreation opportunities, and by youth-only listening sessions, all of which identified a desire for sports leagues and fitness. Consistent with the identification of mental health and drug use as pressing concerns in District 3, 26% of survey respondents ranked behavioral and mental health support services in the top three. The demand for mental health resources was a common discussion point in listening sessions. Similar numbers of the mainly adult survey respondents ranked academic support/tutoring; youth employment training; and music, art, and culture programs in the top three (24%, 23%, and 21% respectively). Participants in youth-dominated listening sessions also emphasized the need for youth employment training and, to a lesser degree, academic support. A safe space for youth was a programming need often discussed in youth-dominated listening sessions. Although the primarily adult survey respondents did not rank this choice in the top three, 31% of respondents identified the need for a safe space in response to the open-ended survey question “Please describe a youth center that you would want to go to.” “I would want a youth center that offered what has been cut out of the schools which is music and art. A place where we can go play the sports we like because the leagues are too expensive. A safe place we can enjoy where we are accepted.” 45 Implementation Plan for Measure X-Funded Youth Centers • July 2024 16 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Locations District 3 participants most frequently suggested Antioch, Brentwood, and Oakley as potential locations for the youth center. SITE RECOMMENDATIONS Antioch 70 (48%) Brentwood 53 (37%) Oakley 23 (16%) Discovery Bay 3 (2%) Knightsen 1 (1%) In listening session discussions, the top priorities for the youth center location were proximity to public transportation and accessibility by various means (walking, biking, public transport, or shuttle/van). The city most often mentioned at District 3 listening sessions and the top choice on the survey (by 48% of respondents) was Antioch. The residency of respondents and listening session attendees likely influenced their responses. Antioch was the city most heavily represented at listening sessions. Thirty-seven percent of survey respondents selected Brentwood, followed by Oakley (16%). In listening sessions, Oakley was a more popular choice than Brentwood, likely because more listening sessions took place in Oakley than in Brentwood. Operating Hours Participants in the District 3 community engagement process prioritized operating hours during out-of-school times, including weekday afternoons, weekend afternoons and evenings, and school breaks. OPERATING HOURS WEEKDAYS mornings morningsevenings eveningsafternoonsafternoons WEEKENDS 10% 62% 56% 38% 63% 37% The majority of District 3 survey respondents thought youth centers should be open weekend afternoons (63% of respondents), weekday afternoons (62%), and weekday evenings (56%). A lesser number were in favor of weekend mornings (38%). This aligned with listening sessions, where the most frequently requested weekday hours were from after school until early evening, with an average suggested closing time of 9 pm. For weekends, most participants believed the centers should be open for the full day and remain open later, typically from 11 am until 11 pm. Listening session attendees thought the youth center should be open seven days a week, and emphasized the need for centers to stay open during out-of-school times and to offer extended weekday hours during the summer. Youth in listening sessions were more likely to mention the need for extended summer hours compared to adults. One youth participant poignantly expressed that “summer feels really isolating,” highlighting the importance of providing a safe and engaging space for youth during the summer months. Weekend Evenings 46 Implementation Plan for Measure X-Funded Youth Centers • July 2024 17 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Operating Hours Participants in the District 3 community engagement process prioritized operating hours during out-of-school times, including weekday afternoons, weekend afternoons and evenings, and school breaks. OPERATING HOURS WEEKDAYS morningsmorningseveningseveningsafternoonsafternoons WEEKENDS 10% 62% 56% 38% 63% 37% The majority of District 3 survey respondents thought youth centers should be open weekend afternoons (63% of respondents), weekday afternoons (62%), and weekday evenings (56%). A lesser number were in favor of weekend mornings (38%). This aligned with listening sessions, where the most frequently requested weekday hours were from after school until early evening, with an average suggested closing time of 9 pm. For weekends, most participants believed the centers should be open for the full day and remain open later, typically from 11 am until 11 pm. Listening session attendees thought the youth center should be open seven days a week, and emphasized the need for centers to stay open during out-of-school times and to offer extended weekday hours during the summer. Youth in listening sessions were more likely to mention the need for extended summer hours compared to adults. One youth participant poignantly expressed that “summer feels really isolating,” highlighting the importance of providing a safe and engaging space for youth during the summer months. Weekend Evenings Staffing Considerations District 3 survey respondents and listening session participants said it was important to have youth center staff who have general experience working with youth, are from the community where the youth center is located, have lived experience (i.e., firsthand knowledge and wisdom gained through personal involvement in specific situations or circumstances), and are emotionally intelligent. CASE MANAGER SKILLS/ EXPERIENCES RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Having general experience working with youth Yes 116 (80%)42 (29%) Being from the community where the new youth center will be located No 91 (63%)31 (21%) Having lived experience Yes 85 (59%)25 (17%) Having experience being a case manager at another youth center No 52 (36%)19 (13%) Having experience working in the public education system No 61 (42%)16 (11%) * Participants were 94% Youth, 6% Adults . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 96% Adults, 3% Youth, 1% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. In District 3, 80% of survey respondents ranked having general experience working with youth in the top three most essential case manager skills and experiences. Listening session attendees also felt this was a priority. Sixty-three percent of survey respondents ranked being from the community where the youth center will be located as an important quality, while 59% thought staff should have lived experience. Listening session attendees prioritized lived experience as well. While the options on the survey focused on the skills and experiences of youth center staff, listening session discussions more often focused on the personality characteristics of staff. District 3 listening session attendees, who were mostly youth, thought staff should be good listeners with high emotional intelligence. Another common suggestion at District 3 listening sessions (and one primarily made by youth) was that centers should operate on a peer-to-peer model, with some older, more experienced staff combined with peer mentors closer to the age of the youth. One District 3 attendee said, “Peer-to-peer models are great, with experienced and passionate older staff helping to direct and manage youth staffers.” 47 Implementation Plan for Measure X-Funded Youth Centers • July 2024 18 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 District 4 Summary: District 4 Respondents Between listening sessions and survey respondents, there were 108 instances of engagement in the District 4 community input process. All the participants included in the tables within this section reside in District 4 or provide services in the district. Of all District 4 participants (survey respondents and listening sessions attendees combined), 92% (n=99) were adults, 3% (n=3) were youth under age 25, and 6% (n=6) did not specify an age. In District 4, the survey received a total of 92 responses, primarily from adults (90%, n=83). The remaining respondents were youth (3%, n=3) or opted not to provide their age (7%, n=6). While there was only one District 4-dedicated community listening session, there were District 4 participants at cross-district listening sessions. A total of 16 district residents or providers attended listening sessions, all of whom were adults. A detailed breakdown can be seen below. LISTENING SESSION PARTICIPANTS Adult 16 (100%) Youth 0 (0%) SUBTOTAL 16 (100%) SURVEY PARTICIPANTS Adult 83 (90%) Youth 3 (3%) Age Unknown 6 (7%) SUBTOTAL 92 (100%) TOTAL 108 (3% youth and 92% adults) Priority Populations AGES The survey results and feedback from listening session attendees in District 4 indicate a strong preference for the youth centers to focus on serving middle and high school- aged youth. AGE PREFERENCE District 3 District 4 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 13 14 15 16 17 18 19 20 21 22 23 24 25Percent of RespondentsAge of Youth to Be Served 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 13 14 15 16 17 18 19 20 21 22 23 24 25Percent of RespondentsAge of Youth to Be Served In District 4, over 90% of survey respondents selected ages 14–16 as the primary age group that the youth centers should serve, with slightly lower but still robust support for serving 13- (88%), 17- (86%), and 18-year-olds (70%). Support dropped off for each age thereafter. While attendees at the District 4-dedicated listening session did not discuss this question, the consensus among survey respondents and listening session attendees across districts was that centers should serve middle and high school-aged youth. 48 Implementation Plan for Measure X-Funded Youth Centers • July 2024 19 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 DEMOGRAPHICS/SUB-GROUPS OF YOUTH The survey data and listening session findings in District 4 demonstrate a strong consensus on the importance of serving youth from systems of care (e.g., foster care and juvenile justice) and low-income families, while providing a welcoming place for all youth wishing to participate. PRIORITY SUB-GROUPS RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Youth from Systems of Care No 61 (66%)20 (22%) Low-Income Families No 56 (61%)12 (13%) All Youth Yes 38 (41%)28 (30%) Single Parent Households No 30 (33%)9 (10%) Out-of-School Youth No 27 (29%)8 (9%) Children with a Disability Yes 27 (29%)4 (4%) LGBTQ+ Youth No 21 (23%)3 (3%) Families New to Area No 10 (11%)3 (3%) * Participants were 100% Adults . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 90% Adults, 3% Youth, 7% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. In District 4, the subpopulations most often ranked in the top three were youth from systems of care (66% of respondents), youth from low-income families (61%), and all youth (41%). The response “all youth” stresses the importance of inclusivity at the centers and was the response most often ranked 1st (30% of respondents). The need for the center to be “welcoming” was also a common theme in District 4 responses to the open-ended survey question “Please describe a youth center that you would want to go to.” While listening session participants in District 4 specifically mentioned the importance of serving neurodivergent youth, the survey did not offer this sub-group as an option to select. However, it could be considered part of the broader “Youth from Systems of Care” or “Children with a Disability” categories, which survey respondents ranked as high-need sub-groups. 49 Implementation Plan for Measure X-Funded Youth Centers • July 2024 20 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Challenges Faced by Young People in the Community Cumulatively, the survey results and listening sessions findings paint a picture of the primary challenges faced by youth in District 4, identifying mental health as the top challenge, followed by lack of low-cost recreation opportunities, drug use, and housing affordability. CHALLENGES FACED BY YOUTH RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Mental health Yes 50 (54%)28 (30%) Lack of low-cost recreation opportunities No 34 (37%)18 (20%) Drug use No 23 (25%)8 (9%) Housing affordability No 21 (23%)7 (8%) Employment/job opportunities No 12 (13%)6 (7%) Poverty No 12 (13%)5 (5%) Bullying No 10 (11%)4 (4%) Diversity, Equity, & Inclusion No 10 (11%)1 (1%) Food insecurity No 9 (10%)2 (2%) Healthcare/other social services access No 8 (9%)1 (1%) Community violence No 7 (8%)1 (1%) Homelessness No 6 (7%)2 (2%) Child abuse No 5 (5%)1 (1%) Discrimination No 3 (3%)1 (1%) * Participants were 100% Adults . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 90% Adults, 3% Youth, 7% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. In District 4, 54% of survey respondents ranked mental health as a top three challenge, followed by the lack of low-cost recreation opportunities (37%), drug use (25%), and housing affordability (23%). Listening session attendees also emphasized mental health, along with academic pressure and the need for support, and the general challenge of dealing with social/emotional issues and personal identity development. One District 4 participant described this as teens “thinking about how they want to show up in the community.” “Mental health services are impossible for families to find. Insurance has stopped paying for almost all mental health services and many families are ‘house poor’ and cannot afford help for their kids. Many providers do not work with insurance as well. We have a growing group of teens and young adults who need help and no available resources.” 50 Implementation Plan for Measure X-Funded Youth Centers • July 2024 21 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Recommended Youth Center Programming Program offerings prioritized in the top three by 20% or more of District 4 participants included behavioral and mental health support, mentoring programs, and youth employment trainings and resources. PROGRAMMING YOUTH CENTER SHOULD OFFER RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Behavioral & mental health support Yes 25 (27%)14 (15%) Mentoring programs No 21 (23%)10 (11%) Youth employment trainings/resources Yes 20 (22%)7 (8%) Sports leagues & fitness Yes 17 (18%)10 (11%) Academic support &/or tutoring Yes 17 (18%)8 (9%) Counseling/support groups No 17 (18%)7 (8%) Social-emotional growth programs Yes 16 (17%)6 (7%) Music, art, or culture programs Yes 15 (16%)5 (5%) Youth leadership opportunities Yes 14 (15%)5 (5%) Safe space for leisure Yes 11 (12%)2 (2%) Food access/sustainable farming programs No 9 (10%)5 (5%) Life skills training No 9 (10%)3 (3%) Tech/computer labs No 4 (4%)2 (2%) Health & sex edu/resource access No 3 (3%)0 (0%) Community building/peer-oriented events No 2 (2%)1 (1%) Language/literacy/ESL No 1 (1%)0 (0%) Housing navigation support No 0 (0%)0 (0%) * Participants were 100% Adults . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 90% Adults, 3% Youth, 7% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. In District 4, the survey response most often ranked in the top three (27% of respondents) was behavioral and mental health support, which includes substance abuse services. Listening session participants also highlighted the difficulty in obtaining mental health services, especially for youth. Similar numbers of survey respondents ranked mentoring and youth employment training programs in the top three (23% and 22% respectively). Listening session participants emphasized the need for free academic support programming and sports/fitness programs, which were also both a fourth priority for survey respondents. 51 Implementation Plan for Measure X-Funded Youth Centers • July 2024 22 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Although District 4 survey respondents ranked a “safe space for leisure” in the middle of programming priorities, 25% of respondents spoke to the importance of a safe space in their response to the open-ended survey question “Please describe a youth center that you would want to go to.” “A youth center I’d want to go to would have quiet spaces for me to be able to do work, communal spaces where I can talk among a peer group or with a mentor, play games, do art projects, listen or play music, and get access to much needed resources. It would be clean and organized and the staff would have training in trauma-informed care.” Locations District 4 participants most frequently suggested Concord as a potential location for the youth center. SITE RECOMMENDATIONS Concord 50 (54%) Walnut Creek 7 (8%) Pleasant Hill 6 (7%) Clayton 1 (1%) District 4 1 (1%) Heather Farms 1 (1%) Fifty-two percent of District 4 survey respondents thought the youth center should be located in Concord. While no other cities within the district were suggested by more than 10% of survey respondents, 10% of respondents suggested locating the center near the Monument Corridor neighborhood. Although District 4 listening session participants did not specify a precise location for the youth center, they stressed the importance of a central location with easy access to public transportation. Operating Hours Participants in the District 4 community engagement process prioritized center opening hours on weekday afternoons and evenings, as well as weekend afternoons. OPERATING HOURS WEEKDAYS mornings morningsevenings eveningsafternoonsafternoons WEEKENDS 6% 55% 45% 24% 43% 35% In District 4, weekday afternoons (55% of respondents) and weekday evenings (45%) were the top preferences for center operating hours, followed by weekend afternoons (43%). Fewer respondents were in favor of centers being open on weekend mornings (24%). The District 4-dedicated listening session did not address operating hours, but listening session participants in multi-district sessions that included District 4 residents wanted youth centers to be open seven days a week, stay open during out-of-school times, and offer extended weekday hours during the summer. Weekend Afternoons Weekend Evenings 52 Implementation Plan for Measure X-Funded Youth Centers • July 2024 23 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Operating Hours Participants in the District 4 community engagement process prioritized center opening hours on weekday afternoons and evenings, as well as weekend afternoons. OPERATING HOURS WEEKDAYS morningsmorningseveningseveningsafternoonsafternoons WEEKENDS 6% 55% 45% 24% 43% 35% In District 4, weekday afternoons (55% of respondents) and weekday evenings (45%) were the top preferences for center operating hours, followed by weekend afternoons (43%). Fewer respondents were in favor of centers being open on weekend mornings (24%). The District 4-dedicated listening session did not address operating hours, but listening session participants in multi-district sessions that included District 4 residents wanted youth centers to be open seven days a week, stay open during out-of-school times, and offer extended weekday hours during the summer. Weekend Afternoons Weekend Evenings Staffing Considerations District 4 survey respondents and listening session participants said it was important to have youth center staff who have general experience working with youth, have lived experience (i.e., firsthand knowledge and wisdom gained through personal involvement in specific situations or circumstances), and are from the community where the youth center will be located. CASE MANAGER SKILLS/ EXPERIENCES RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Having general experience working with youth No 72 (78%)33 (36%) Having lived experience No 60 (65%)23 (25%) Being from the community where the new youth center will be located No 50 (54%)18 (20%) Having experience being a case manager at another youth center No 40 (43%)6 (7%) Having experience working in the public education system No 37 (40%)3 (3%) * Participants were 100% Adults . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 90% Adults, 3% Youth, 7% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. Survey respondents in District 4 prioritized staff who have general experience working with youth (78% of respondents ranked in the top three), have lived experience (65%), and are from the community where the center will be located (54%). While participants in the District 4-dedicated listening session did not specifically address the question of case manager skills and experiences, listening session attendees in multi-district sessions that included District 4 residents considered it important to have staff who can relate to youth. 53 Implementation Plan for Measure X-Funded Youth Centers • July 2024 24 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 District 5 Summary: District 5 Respondents Between listening sessions and survey respondents, there were 241 instances of engagement in the District 5 community input process. All the participants included in the tables within this section reside in District 5 or provide services in the district. The survey received a total of 92 responses from District 5 community members. Most were adults (91%, n=84). The remaining respondents were youth (3%, n=3) or opted not to provide their age (5%, n=5). Between October 2023 and May 2024, there were eight community listening sessions dedicated to District 5 residents and youth service providers. There were also District 5 participants at cross-district listening sessions. A total of 149 District 5 residents or providers attended listening sessions. Youth under the age of 25 constituted 46% (n=68) of attendees, while adults comprised 54% (n=81). Of all participants (survey respondents and listening sessions combined) in District 5, 68% (n=165) were adults, 29% (n=71) were youth, and 2% (n=5) chose not to provide their age. Youth were more likely to attend a listening session than respond to the survey, largely due to listening session collaborations with schools and youth service providers in District 5. A detailed breakdown can be seen below. LISTENING SESSION PARTICIPANTS Adult 81 (54%) Youth 68 (46%) SUBTOTAL 149 (100%) SURVEY PARTICIPANTS Adult 84 (91%) Youth 3 (3%) Age Unknown 5 (5%) SUBTOTAL 92 (100%) TOTAL 241 (29% youth and 68% adults) Priority Populations AGES The survey results and feedback from listening session attendees in District 5 indicate a strong preference for the youth centers to focus on serving middle and high school-aged youth. AGE PREFERENCE District 5 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 13 14 15 16 17 18 19 20 21 22 23 24 25Percent of RespondentsAge of Youth to Be Served In District 5, over 80% of survey respondents thought youth centers should serve people ages 13 to 17, with still strong support for serving 18-year-olds (68%), but support dropped off for every age thereafter (49% for 19-year-olds, 14% for 25-year-olds). Listening sessions aligned with survey responses, prioritizing serving middle and high school-aged youth. While the survey response options only included ages 13– 25, about one-third of District 5 listening session attendees (and primarily adults) thought centers should serve all ages. One adult pointed out that “kids much younger than 16–24 are getting in a lot of trouble because they don’t have a place to be. I’m looking at kids 9 years old who need youth center services, but how do you have young kids at the same center as young adults?” The question of age separation— by time, space, and programming—was a common concern expressed by both adults and youth. 54 Implementation Plan for Measure X-Funded Youth Centers • July 2024 25 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 DEMOGRAPHICS/SUB-GROUPS OF YOUTH The survey data and listening session findings in District 5 demonstrate a strong consensus on the importance of serving youth from low-income families and systems of care (e.g., foster care and juvenile justice), while being inclusive and welcoming of all youth who wish to participate. PRIORITY SUB-GROUPS RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Low-Income Families Yes 64 (70%)19 (21%) Youth from Systems of Care Yes 55 (60%)18 (20%) Single Parent Households No 34 (37%)11 (12%) All Youth Yes 32 (35%)28 (30%) Children with a Disability No 32 (35%)3 (3%) Out-of-School Youth No 24 (26%)6 (7%) LGBTQ+ Youth No 19 (21%)3 (3%) Families New to Area No 8 (9%)0 (0%) * Participants were 55% Adults, 45% Youth . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 91% Adults, 3% Youth, 5% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. The priority sub-groups most often ranked in the top three by survey respondents in District 5 were low-income families (70% of respondents), youth from systems of care (60%), and single parent households (37%). This aligns with the listening session discussions, where participants emphasized the importance of providing additional services for youth from low-income families and systems-involved youth, including those in foster care, with special or mental health needs, experiencing homelessness, and those who are differently abled. District community members also thought it was important for centers to serve all youth regardless of special need. The need to create an inclusive environment that welcomes youth from diverse backgrounds was a common theme at listening sessions, “all youth” was the survey response most often ranked as the #1 priority in the district (by 30% of respondents), and inclusivity/a welcoming environment were key themes identified in the responses to the open-ended survey question “Please describe a youth center that you would want to go to.” 55 Implementation Plan for Measure X-Funded Youth Centers • July 2024 26 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Challenges Faced by Young People in the Community Cumulatively, the survey results and listening sessions findings paint a picture of the primary challenges faced by youth in District 5, with mental health, lack of low-cost recreation opportunities, poverty, drug use, and peer pressure emerging as the most pressing concerns. CHALLENGES FACED BY YOUTH RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Mental health Yes 37 (40%)14 (15%) Lack of low-cost recreation opportunities Yes 34 (37%)13 (14%) Poverty Yes 19 (21%)12 (13%) Drug use Yes 18 (20%)8 (9%) Housing affordability No 17 (18%)6 (7%) Bullying Yes 15 (16%)6 (7%) Community violence Yes 14 (15%)8 (9%) Diversity, Equity, & Inclusion No 13 (14%)7 (8%) Employment/job opportunities Yes 13 (14%)5 (5%) Child abuse No 9 (10%)4 (4%) Food insecurity No 9 (10%)3 (3%) Healthcare/other social services access No 6 (7%)0 (0%) Homelessness No 5 (5%)2 (2%) Discrimination Yes 5 (5%)1 (1%) * Participants were 55% Adults, 45% Youth . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 91% Adults, 3% Youth, 5% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. The challenges most frequently ranked in the top three by District 5 survey respondents were mental health (40% of respondents), lack of low-cost recreation opportunities (37%), and poverty (21%), closely followed by drug use (20%). All of these challenges were also common discussion points in District 5 listening sessions. While the survey response options did not explicitly include peer pressure and the negative impacts of social media, youth in District 5 listening sessions frequently discussed these challenges. Listening sessions attendees also expressed that bullying, including cyberbullying, is a major challenge faced by youth. “The youth of East Contra Costa County have little to no free family-friendly indoor spaces, other than the library, and parks can only do so much. Youth centers are the glue that binds communities together, and that is sorely lacking in East CCC.” 56 Implementation Plan for Measure X-Funded Youth Centers • July 2024 27 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Recommended Youth Center Programming Program offerings prioritized in the top three by 20% or more of District 5 participants included behavioral and mental health support; academic support and tutoring; youth leadership opportunities; youth employment resources; and music, art, or culture programs. PROGRAMMING YOUTH CENTER SHOULD OFFER RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Behavioral & mental health support Yes 27 (29%)17 (18%) Academic support &/or tutoring Yes 23 (25%)7 (8%) Youth leadership opportunities Yes 20 (22%)9 (10%) Youth employment trainings/resources Yes 20 (22%)8 (9%) Music, art, or culture programs Yes 20 (22%)6 (7%) Sports leagues & fitness Yes 17 (18%)8 (9%) Counseling/support groups Yes 16 (17%)6 (7%) Mentoring programs No 16 (17%)5 (5%) Safe space for leisure Yes 14 (15%)6 (7%) Tech/computer labs Yes 10 (11%)6 (7%) Social-emotional growth programs No 9 (10%)6 (7%) Life skills training Yes 9 (10%)2 (2%) Food access/sustainable farming programs No 7 (8%)2 (2%) Language/literacy/ESL No 4 (4%)3 (3%) Health & sex education/resource access No 4 (4%)0 (0%) Housing navigation support No 2 (2%)0 (0%) Community building/peer-oriented events No 0 (0%)0 (0%) * Participants were 55% Adults, 45% Youth . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 91% Adults, 3% Youth, 5% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. Survey respondents and listening session participants aligned on the top priorities for programming at the District 5 youth center. The survey response most commonly ranked in the top three was behavioral and mental health support (29% of respondents), which includes substance abuse services. This was also a dominant theme in listening sessions. The second service most commonly ranked in the top three (25% of respondents) was academic support and/or tutoring, which listening session attendees also highlighted. Youth leadership; youth employment trainings and resources; and music, art, or culture programs tied for third place in the survey ranking of top three priorities (22% each). Listening session attendees also prioritized these services. In the District 5 57 Implementation Plan for Measure X-Funded Youth Centers • July 2024 28 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 listening sessions, many adults agreed that “the most important part of the programming is for services to build up a youth’s self-esteem and sense of identity.” In response to the open-ended responses survey question “Please describe a youth center that you would want to go to,” 33% of District 5 respondents wrote that the center needs to be a safe space. Listening session attendees echoed this, emphasizing the importance of a safe space, and painting a vision of the youth centers as welcoming places for youth with fun programming as a hook to get kids through the door (sports, arts, music, video games/e-sports) so that they might then be engaged in additional programming in areas where youth need more support. Many attendees emphasized that participation in activities should not be required, since often youth just want a safe place to relax, chill, and socialize. Other common programming themes among the open-ended survey responses included recreation, that services need to remain free, and that centers should partner with existing community organizations to offer services. “My ideal youth center would be a safe place reflecting the diversity of the community offering financial, emotional, physical, and mental support for our youth.” Locations District 5 participants most frequently suggested Pittsburg, Antioch, and Bay Point as potential locations for the youth center. SITE RECOMMENDATIONS Pittsburg 29 (32%) Antioch 24 (26%) Bay Point 23 (25%) Martinez 6 (7%) Shore Acres 3 (3%) District 5 2 (2%) Rodeo 2 (2%) In District 5, survey respondents most often suggested Pittsburg as a youth center location (32%), followed by Antioch (26%), and Bay Point (25%). District 5 listening sessions aligned with survey responses, with Pittsburg being mentioned only slightly more often than Antioch. In listening session discussions, attendees emphasized that centers should be close to public transportation, accessible by various means (walking, biking, public transport, or shuttle/van), and in a safe location. Operating Hours Participants in the District 5 community engagement process prioritized operating hours during out-of-school times. OPERATING HOURS WEEKDAYS mornings morningsevenings eveningsafternoonsafternoons WEEKENDS 7% 47%49% 20% 40% 27% District 5 survey respondents favored youth centers to be open on weekday evenings (49%) and weekday afternoons (47%), followed by weekend afternoons (40%), with fewer in favor of weekend mornings (20%). Listening session attendees agreed that youth centers should be open seven days a week. The most frequently requested weekday hours were from after school until early evening, aligning with the survey results. Listening session participants did not discuss specific weekend hours, but said that Saturday should offer a full day of programming and emphasized the need for centers to offer extended weekday hours during the summer. 58 Implementation Plan for Measure X-Funded Youth Centers • July 2024 29 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Staffing Considerations District 5 survey respondents and listening session participants said it was important to have youth center staff who have general experience working with youth, have lived experience (i.e., firsthand knowledge and wisdom gained through personal involvement in specific situations or circumstances), and are from the community where the youth center will be located. CASE MANAGER SKILLS/ EXPERIENCES RAISED AS PRIORITY IN LISTENING SESSIONS* SURVEY DATA** Ranked in Top 3 Ranked 1st Having general experience working with youth Yes 65 (71%)24 (26%) Having lived experience Yes 56 (61%)17 (18%) Being from the community where the new youth center will be located Yes 52 (57%)23 (25%) Having experience being a case manager at another youth center No 43 (47%)12 (13%) Having experience working in the public education system No 35 (38%)4 (4%) * Participants were 55% Adults, 45% Youth . Responses in this column are shaded if listening session attendees from the district prioritized a particular response. ** Participants were 91% Adults, 3% Youth, 5% Unknown . n=count of survey responses. Responses in this column are shaded if selected by more than 50% of survey respondents in the district. In terms of desired youth center case manager skills and experiences, the survey responses most often ranked in the top three in District 5 were having general experience working with youth (71% of respondents), having lived experience (61%), and being from the community where the new center will be located (57%). Listening session attendees also prioritized these three choices. While the options on the survey focused on the skills and experiences of youth center staff, listening session attendees often discussed the personality characteristics of staff. District 5 attendees thought staff should be able to relate to youth and have a passion for working with youth. In terms of an ability to relate to youth, attendees thought it was important that at least some youth center staff are closer to the age of youth. Participants in several District 5 listening sessions expressed the desire to have a staff member serving as a services navigator, underlining the importance of connecting youth with appropriate resources and support. 59 Implementation Plan for Measure X-Funded Youth Centers • July 2024 30 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Appendix A Contra Costa County Measure X Youth Centers Community Listening Sessions DISTRICT 3 SESSIONS DATE LOCATION AUDIENCE ATTENDEES NOTES 10/18/2023 (Multi-District Session) Antioch Community Center Adults 2 BOS District 3 Staff (2) 10/24/2023 Brentwood Community Center Adults 4 10/25/2023 Virtual (Nonprofit Roundtable)Adults 9 Brentwood 1/16/2024 (Multi-District Session)Virtual Adults 2 Antioch District 3 (1), Oakley (1) 1/18/2024 (Multi-District Session)Virtual Adults 1 Brentwood (1) 4/2/2024 Freedom High School (Oakley) Upperclassmen Youth 46 Leadership class of Freedom High School, upperclassmen 4/2/2024 Freedom High School (Oakley) Underclassmen Youth 37 Leadership class of Freedom High School, underclassmen 4/3/2024 Liberty High School (Brentwood) Youth and Adults 6 Coffee with the Principal: 3 parents and 3 students 4/10/2024 Opportunity Junction Adults 18 Program participants of Opportunity Junction, a job training program in Antioch 4/10/2024 Liberty High School (Brentwood) Youth 103 Youth government and economics classes 4/24/2024 Deer Valley High School (Antioch) Class 1 Youth 28 Government/ leadership classes 4/24/2024 Deer Valley High School (Antioch) Class 2 Youth 26 Government/ leadership classes 4/24/2024 Deer Valley High School (Antioch) Class 3 Youth 29 Government/ leadership classes 5/1/2024 Oakley Youth Advisory Council Youth 12 TOTAL D3 323 60 Implementation Plan for Measure X-Funded Youth Centers • July 2024 31 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 DISTRICT 4 SESSIONS DATE LOCATION AUDIENCE ATTENDEES NOTES 10/16/2023 Concord Library Adults 3 1/9/2024 (Multi-District Session)Virtual Primarily Youth 1 Concord (1) 1/17/2024 (Multi-District Session)Virtual Adults 1 Representative from Mt Diablo USD HOPE Program for Unhoused Youth 1/18/2024 (Multi-District Session)Virtual Adults 1 Pleasant Hill (1) 4/23/2024 (Multi-District Session)Virtual Adults 3 Concord (2), Walnut Creek (1) 4/24/2024 (Multi-District Session)Virtual Adults 1 Walnut Creek (1) 4/30/2024 (Multi-District Session)Virtual Adults 6 District 4 (6) TOTAL D4 16 61 Implementation Plan for Measure X-Funded Youth Centers • July 2024 32 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 DISTRICT 5 SESSIONS DATE LOCATION AUDIENCE ATTENDEES NOTES 10/5/2023 Pittsburg Senior Center Adults 4 1/9/2024 (Multi-District Session)Virtual Primarily Youth 3 Pittsburg (3) 1/16/2024 (Multi- District Session)Virtual Adults 1 Pittsburg (1) 1/17/2024 (Multi-District Session)Virtual Adults 2 Representatives from Boys and Girls Clubs of Contra Costa 1/18/2024 (Multi-District Session)Virtual Adults 1 Pittsburg (1) 3/21/2024 Antioch High School Youth 20 Held in collaboration with Bridge Builders to the New Generation. 3/27/2024 City of Pittsburg Youth Advisory Council Youth 6 4 youth council members, 2 non-voting members 4/2/2024 Bay Point Municipal Advisory Council Adults 7 Discussion with council members and attendees 4/11/2024 Beat the Streets Youth 3 Participants of Beat the Streets, a youth empowerment organization in Antioch 4/17/2024 People Who Care Youth and Adults 29 17 youth, 12 adults 4/23/2024 Pittsburg High School Youth 20 After-school program in partnership with Bridge Builders to the New Generation 4/23/2024 (Multi-District Session)Virtual Adults 3 Pittsburg (3) 4/30/2024 (Multi-District Session)Virtual Adults 28 Pittsburg (28) 5/2/2024 Virtual Adults 22 Martinez (1), Antioch (1), Pittsburg (20) TOTAL D5 149 62 Implementation Plan for Measure X-Funded Youth Centers • July 2024 33 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 ATTENDEES WHOSE DISTRICT WAS UNDECLARED DATE LOCATION AUDIENCE ATTENDEES NOTES Antioch*Unknown or Other 10/3/2023 Virtual Adults 0 2 10/5/2023 Virtual Adults 0 4 10/6/2023 Virtual Adults 0 5 10/17/2023 Antioch Library Adults 3 0 10/18/2023 Antioch Community Center Adults 2 3 City of Antioch Staff (2), Community Members (3) 1/9/2024 Virtual Primarily Youth 2 1 Antioch (2), San Ramon (1) 1/16/2024 Virtual Adults 2 0 Antioch Unknown (2) 1/17/2024 Virtual Adults 1 0 Representative from Here Today, Home Tomorrow (East County) 1/18/2024 Virtual Adults 5 7 Antioch (5), Lafayette (2), Unknown (5) 4/23/2024 Virtual Adults 1 0 Antioch (1) 4/24/2024 Virtual Adults 2 0 Antioch (2) SUBTOTAL 18 22 TOTAL 40 * Spans Districts 3 and 5, no specific district declared. TOTALS District 3 Dedicated Sessions 11 District 4 Dedicated Sessions 1 District 5 Dedicated Sessions 8 Multi-District Sessions 12 TOTAL SESSIONS: 32 63 Implementation Plan for Measure X-Funded Youth Centers • July 2024 34 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Appendix B Listening Session Script Good afternoon–thank you so much for joining us today. I am ___________ and I am part of a team from [Social Change Partners/New Ways to Work]. With me is _____________. We’re here because Contra Costa County is planning to open three new youth centers using Measure X funds. There will be one youth center each in Districts 3, 4, and 5. Measure X is a local sales tax, approved by voters in 2020, that generates money every year to help fund health and social services. The County Board of Supervisors approves the specific uses of Measure X dollars, and has already allocated the funds for the three youth centers. The County Employment and Human Services Division is responsible for planning and implementing the centers. My team is contracted by the county to gather input on challenges and opportunities for young people, and what activities and services should be available at the centers. We’re holding a total of about 35 sessions like this and conducting a survey. In early summer, we’ll present the perspectives of the community to County leadership. The County will then contract with community-based organizations to operate the centers. FOR SMALL GROUPS: We have a series of questions that we’ll go through, and anyone can answer at any time. We want to be sure to hear from everyone here, so we might call on you, or ask you to hold on while others speak up. FOR LARGER GROUPS: Because there are so many of us here, we’re going to divide into small groups [by table, by counting off, etc.]. There are notepads and pens on your table. Please identify a notetaker who can also report out. We’ll give you some questions one by one to discuss at your table and then report back out to the group. 64 Implementation Plan for Measure X-Funded Youth Centers • July 2024 35 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 QUESTIONS: 1 . Which ages should the youth centers focus on? 2 . Which particular groups of young people do you think are most in need of a youth center? Prompts if needed: [LGBTQ+ youth, single parent households, foster youth, justice-involved youth, homeless youth, families new to the area, out-of-school youth, youth with disabilities, youth from low-income families] 3 . What are the main challenges faced by young people in your neighborhood? Prompts if needed: [child abuse/neglect, bullying, employment/job opportunities, discrimination (racism, sexism, etc.), poverty, drug use, access to healthcare or other social services, lack of equity, diversity, and/ or inclusion, community violence, lack of free/low- cost recreational opportunities, housing quality or affordability, hunger/food insecurity, homelessness, mental health] 4 . What kind of programs would you like the youth center to offer? Some options: »Youth leadership opportunities »Behavioral/mental health support/resources »Sports leagues and fitness programs »Health and sex education/access to resources »Safe space for leisure (quiet, meditation, calm, etc.) »Social-emotional growth programs »Academic support and/or tutoring »Technology/computer labs »Food access/sustainable farming programs »Mentoring programs »Language/literacy/ESL (English as a Second Language) programs »Music, art, or culture programs »Youth employment trainings, resources/ recruitments »Counseling/support groups »Housing navigation support »Life skills training (e.g., budgeting, cooking, etc.) »Community building or peer-oriented events 5 . What should the County consider when thinking about potential locations for the centers? [Transportation accessibility, neighborhood safety, space to co-locate staff/service providers, near schools, etc.] 6 . When should the centers be open? 7 . What skills, experiences, or characteristics of youth center staff are most important in helping youth achieve their goals? [Having experience being a case manager at another youth center (or similar organization), having general experience working with teens and young adults, being from the community where the new youth center will be located, having experience working in the public education system, having lived experience (for example, staff have been homeless or been in the foster care system themselves)] 8 . Are there existing youth centers, nonprofit organizations, or programs that the County should take a look at? Thank you so much for your participation. We value you and your knowledge of the community. Your feedback will help to ensure the youth centers offer the services and supports that are most needed in the community. When the community engagement process is complete, the report will be posted for public comment and then published. We’re also trying to get our survey link to as many people as possible. If you can send it around to friends and colleagues or if you have other ideas for how to get it out to the community, let us know. 65 Implementation Plan for Measure X-Funded Youth Centers • July 2024 36 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Appendix C Existing Organizations and Programs for Reference Contra Costa County government stakeholders and participants in community engagement listening sessions were asked which existing organizations and programs are doing a good job serving youth. Below is a list of the programs and organizations mentioned. The report authors gathered street addresses and leadership names based on information that is publicly available online. Listed organizations are encouraged to contact noelle@publicmindedconsulting .com to correct any inaccuracies. DISTRICT 3 ORGANIZATION LEADER & TITLE ADDRESS Antioch Community Center Brad Helfenberger, Acting Assistant City Manager/Parks & Recreation Director 4703 Lone Tree Way, Antioch, CA 94531 Antioch Rotary Club Tirrell Muhammad 4823 Lone Tree Way, Antioch, CA 94531 Antioch Council of Teens Maelvy Saucedo, Facilitator 4701 Lone Tree Way, Antioch CA 94531 Be Exceptional Lynda Green, Founder 1265 Dainty Ave, Brentwood, CA 94513 Brentwood Police Activities League (PAL) Officer Chris Bollinger, Executive Director Brentwood, CA 94513 Bridge Builders to the New Generation Pello Warker, Board Chair 3501 Lone Tree Way, Antioch, CA 94509 Child Therapy Institute Brian Lukas, PhD, Executive Director & Clinical Supervisor 3720 Sunset Lane, Ste D, Antioch, CA 94509 Children’s Interview Center Cynthia Peterson, Executive Director 3240 Lone Tree Way, #101, Antioch, CA 94509 City of Oakley Parks and Recreation Troy Faulk, Recreation Manager 1250 O’Hara Ave, Oakley, CA 94561 Community Violence Solutions Paul Graves, President 3240 Lone Tree Way, Ste 101, Antioch, CA 94509 Hijas del Campo Marivel Mendoza, Executive Director & Co-Founder 144 Continente Ave, #120, Brentwood, CA 94513 One Day at a Time Johnny Rodriguez, Founder & Executive Director 331 Pine St, Brentwood, CA 94513 Village Community Resource Center Kirsten Rigsby, Executive Director 633 Village Dr, Brentwood, CA 94513 66 Implementation Plan for Measure X-Funded Youth Centers • July 2024 37 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 DISTRICT 4 ORGANIZATION LEADER & TITLE ADDRESS Bay Church John & Carey Gregg, Lead Pastors 4725 Evora Rd, Concord, CA 94520 Child Abuse Prevention Council Carol Carrillo, Executive Director 2120 Diamond Blvd, #120, Concord, CA 94520 Community Youth Center Matt Harrison, Executive Director 2241 Galaxy Ct, Concord, CA 94520 Contra Costa Crisis Center (211)Elaine Cortez Schroth, Executive Director P.O. Box 3364, Walnut Creek, CA 94598 Counseling Options and Parent Education Support Center (C .O .P .E .) Natasha Paddock, Executive Director 3021 Citrus Cir, #105, Walnut Creek, CA 94598 Diablo Ballet Peek Program Laurie Miller and Cheryl DeSimone, Board Co-Presidents P.O. Box 4700, Walnut Creek, CA 94596 Family Justice Center Susun Kim, Executive Director 2151 Salvio St, Ste 201, Concord, CA 94519 Food Bank of Contra Costa & Solano Caitlin Sly, President & CEO 4010 Nelson Ave, Concord, CA 94520 Ganas Community Service Isabel Lara, Executive Director & Founder 4425-C Treat Blvd, #357, Concord, CA 94521 HOPE Program (therapy)Melinda Clark, Director 2290 Diamond Blvd, Ste 200, Concord, CA 94520 HOPE Solutions Deanne Pearn, CEO 399 Taylor Blvd, Pleasant Hill, CA 94523 Mt . Diablo USD International Hospitality and Tourism Academy Adam Clark, Ed.D., Superintendent 1936 Carlotta Dr, Concord, CA 94519 Pleasant Hill Library Patrick Remer, Library Manager 2 Monticello Ave, Pleasant Hill, CA 94523 Pleasant Hill YMCA Marnie Harvey, Executive Director 350 Civic Dr, Pleasant Hill, CA 94523 Rainbow Community Center Valerie Crowell, Board President 2380 Salvio St, Suite 301, Concord, CA 94520 Vestia Inc . Services for Contra Costa County Judy Pieralde, President 400 Ellinwood Way, Pleasant Hill, CA 94523 67 Implementation Plan for Measure X-Funded Youth Centers • July 2024 38 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 DISTRICT 5 ORGANIZATION LEADER & TITLE ADDRESS Ambrose Teen Center Rande Ross, Teen Center & Youth Academy Supervisor 3105 Willow Pass Rd, Bay Point, CA 94565 Beat the Streets Tracy Tate, Founder & President Somersville Towne Center Mall, 2550 Somersville Rd, Unit No. 15, Antioch, CA 94509 Bonafide Sisterhood Nina Carter, CEO 1023 W 2nd St, Antioch, CA 94509 Boys and Girls Club of Contra Costa Mel Davis, CEO 1301 Alhambra Ave, Martinez, CA 94553 Center for Psychotherapy David Hoffman, Business Manager 509 W 10th St, Antioch, CA 94509 Community Violence Solutions Cynthia Peterson, Executive Director 301 W 10th St #3, Antioch, CA 94509 Contra Costa County Behavioral Health Clinic Anna Roth, CEO 1340 Arnold Dr, Ste. 200 Martinez, CA 94553 Dream Team Jareem Gunter, Director Antioch El Campanil Theatre Kathie Campbell, Board President 602 W 2nd St, Antioch, CA 94509 Genesis Church Damon Owens, Pastor 1800 Woodland Dr, Antioch, CA 94509 Grace Bible Fellowship/Grace Arms Program Kirkland Smith, Board President 3415 Oakley Rd, Antioch, CA 94509 John Muir Land Trust Family Harvest Farm Linus Eukel, Executive Director 1300 Power Ave, Pittsburg, CA 94565 Marina Community Center Kolette Simonton, Director of Recreation 340 Marina Blvd, Pittsburg, CA 94565 Midnight Basketball Program Marzel Price Pittsburg, CA 94565 NAACP for East County Gavin Payton, President 340 E 10th St, Pittsburg, CA 94565 Nick Rodriguez Center Jun Gandia, Recreation Supervisor 213 F St, Antioch, CA 94509 Northern California Family Center Thomas Fulton, Executive Director 2244 Pacheco Blvd, Martinez, CA 94553 Opportunity Junction Brianna Robinson, President & CEO 3102 Delta Fair Blvd, Antioch, CA 94509 People Who Care Connie Russell, Executive Director 2231 Railroad Ave, Pittsburg, CA 94565 Pittsburg Police Activities League (PAL)Unable to identify 65 Civic Ave. Pittsburg, CA 94565 Pittsburg Youth Development Center William Moffett, President & CEO 1001 Stoneman Ave, Pittsburg, CA 94565 RFY Dance and Academic Academy Rayzelle Forrest Young, Founder & President Antioch, CA RR Ministries Unable to identify 514 W 2nd St, Antioch, CA 94509 St Vincent De Paul of CCC Bob Liles, Board President 2210 Gladstone Dr, Pittsburg, CA 94565 STS Academy Theresa Miller, Interim Executive Director 340 Marina Blvd, Pittsburg, CA 94565 Wayfinder Family Services Jay Allen, President & CEO 1330 Arnold Dr, Ste. 241, Martinez, CA 94553 68 Implementation Plan for Measure X-Funded Youth Centers • July 2024 39 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 ORGANIZATIONS SERVING CONTRA COSTA COUNTY THAT ARE EITHER LOCATED OUTSIDE OF DISTRICTS 3–5, SERVE THE ENTIRE COUNTY FROM A HEADQUARTERS LOCATED IN DISTRICTS 3–5, OR HAVE NO PHYSICAL LOCATION ORGANIZATION LEADER & TITLE ADDRESS Aspiranet Vernon Brown, CEO 3260 Blume Dr, Ste. 505, Richmond, CA 94806 ASPIRE Irene St. Roseman, Administrator 3040 Hilltop Mall Rd, Richmond, CA 94806 Bay Area Community Resource Center Jonas Mok, CEO 11175 San Pablo Ave, El Cerrito, CA 94530 Bay Area Peacekeepers Gonzalo Ruboco, Director 15501 San Pablo Ave, #231, Richmond, CA 94806 Calli House Unable to identify 845 Brookside Dr B, Richmond, CA 94801 Contra Costa County Office of Education WIOA Youth Programs Alejandra Chamberlin, Director, Youth Services 77 Santa Barbara Rd, Pleasant Hill, CA 94523 East Contra Costa Community Alliance (ECCA) Solomon Belette, MBA, Executive Director East Contra Costa Girls Inc Stephanie J. Hull, President & CEO 260 Broadway, Richmond, CA 94804 Mindful Life Project JG Larochette, Founder & CEO 1001 Canal Blvd, Richmond, CA 94801 National Alliance on Mental Illness, Contra Costa Gigi Crowder, Executive Director 2151 Salvio St, Ste V, Concord, CA 94520 New Life Movement Bendrick Foster, Founder 322 Harbour Way, #10, Richmond, CA 94801 Newberry’s Block Jeremy Newberry, Founder East Contra Costa NextUP at Contra Costa Community College Joseph B. Camacho, Project Coordinator 2600 Mission Bell Dr, San Pablo, CA 94808 Richmond Community Foundation (RCF)Jim Becker, President and CEO 3260 Blume Dr, #110, Richmond, CA 94806 Richmond Police Activities League (PAL)Larry Lewis, Executive Director 2200 Macdonald Ave, Richmond, CA 94801 Richmond Reentry Pat Mims, Director 912 Macdonald Ave, Richmond, CA 94801 Rubicon Carole Dorham-Kelly, CEO 2500 Bissell Ave, Richmond, CA 94804 RYSE Center Kimberly Aceves-Iñiguez, Co-Founder & Executive Director 3939 Bissell Ave, Richmond, CA 94805 San Pablo Library Caroline Olsen, Library Manager 13751 San Pablo Ave, San Pablo, CA 94806 Urban Tilth Doria Robinson, Executive Director 323 Brookside Dr, Richmond, CA 94801 Village Keepers, Inc .Carrie Frazier, President & CEO East and Central Contra Costa County Youth Early Intervention Partnership Collaborative program between several County departments, law enforcement agencies, the Contra Costa County Office of Education, and community-based service providers 69 Implementation Plan for Measure X-Funded Youth Centers • July 2024 40 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 OUTSIDE OF CONTRA COSTA COUNTY OR DISTRICT UNKNOWN ORGANIZATION LEADER & TITLE ADDRESS Biotech Partners Lynda E. Gayden, Executive Director 388 Market St, #1300, San Francisco, CA 94111 Communities United for Restorative Youth Justice (CURYJ)George Galvis, Executive Director 1946 Embarcadero, Oakland, CA 94606 Community and Youth Outreach (CYO)David Muhammad, Board Chair P.O. Box 19500, Oakland, CA 94619 East Bay Asian Youth Center David Kakishiba, Executive Director 2025 E 12th St, Oakland, CA 94606 El Concilio Jose R. Rodriguez, President & CEO 445 N. San Joaquin St, Stockton, CA 95202 Family Resource Center (Central Valley)Unable to identify 1014 Brighton Ave, El Centro, CA Family Resource Centers Network Yvette Baptiste, Board Chair 13300 Crossroads Parkway North, Ste 450, City of Industry, CA 91746 Fred Finch Youth and Family Services Thomas N. Alexander, LCSW 3800 Coolidge Ave, Oakland, CA 94602 Fresh Lifelines for Youth Ali Knight, Executive Director Sobrato Center for Nonprofits, 568 Valley Way, Milpitas, CA 95035 Hidden Genius Project Brandon Nicholson, CEO 1441 Franklin St, 4th Floor, Oakland, CA 94612 Huckleberry Youth Programs Douglas Styles, Executive Director & CEO 3450 Geary Blvd, #107, San Francisco, CA 94118 Independent Living Skills Program (ILSP)Teshika Hatch, Transitions Director 675 Hegenberger Rd, #100, Oakland, CA 94621 Lincoln Families Allison Staulcup Becwar, President & CEO 1266 14th St, Oakland, CA 94607 Love Never Fails Vanessa Russell, Founder & Executive Director 22580 Grand St, Hayward, CA 94541 Lyric Performing Arts Mrs. Taiwo Kujichagulia-Seitu, MBA, CEO Oakland, CA MISSSEY (Oakland)Jennifer Lyle, Executive Director 424 Jefferson St, Oakland, CA 94607 National Alliance on Mental Illness Daniel H. Gillison, Jr., CEO 4301 Wilson Blvd, Ste 300, Arlington, VA 22203 Pacific Clinics Kathy McCarthy, CEO/President 499 Loma Alta Ave., Los Gatos, CA 95030 REACH Ashland Youth Center Erik Sakamoto, Executive Director 16335 E 14th St, San Leandro, CA 94578 Seneca (school based mental health services for high acuity kids) Leticia Galyean, Chief Executive Officer 8945 Golf Links Rd, Oakland, CA 94605 Sparkpoint Centers Kelly Batson, Interim CEO & Chief Community Impact Officer 550 Kearny St, # 510, San Francisco, CA 94108 Stu212 Music Therapy, Coping and Creativity Jeremy Phillips, Director No physical location The Chinatown Youth Center in SF Sarah Ching-Ting Wan, Executive Director 1038 Post St, San Francisco, CA 94109 Young Women’s Freedom Center Julia Arroyo, Executive Director 832 Folsom St, #700, San Francisco, CA 94107 Youth Alive Joseph Griffin, Executive Director 3300 Elm St, Oakland, CA 94609 Youth Uprising Meredith Brown, President & Board Chair 8711 Macarthur Blvd, Oakland, CA 94605 70 Implementation Plan for Measure X-Funded Youth Centers • July 2024 41 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Appendix D Survey WELCOME TO THE CONTRA COSTA COUNTY YOUTH CENTERS SURVEY! Hello and thank you for taking the time to participate in this survey. The purpose of this brief questionnaire is to gather feedback from our community members, like you, about (1) where our three new youth centers in Contra Costa County should be located, and (2) what services, programs, and resources are needed. It is important to note that this survey is only for people who either reside or serve youth in Contra Costa County Districts 3, 4, or 5. For those who either reside or serve youth in Districts 3, 4, or 5, your voice is among the most important in this decision-making process. Therefore, to the extent possible please make sure to answer each question. If you do not feel comfortable answering a question, you can select “Prefer not to say.” The survey only takes about 10–12 minutes to complete, so we hope you can find the time to provide your input. To select the best locations for the youth centers, it’s very important that we hear from as many people as possible. Please be assured that your responses will be completely anonymous. No one will know who said what, so we encourage you to be honest and detailed in your feedback. Thank you again for helping shape the future of youth services in our county! Please use the map below to answer the questions that follow. Block 2 Please use the map below to answer the questions that follow. 1. Do you live in District 3, 4, or 5 in Contra Costa County? In which District do you live? Yes No 3 4 71 Implementation Plan for Measure X-Funded Youth Centers • July 2024 42 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 1. Do you live in District 3, 4, or 5 in Contra Costa County? Yes No In which district do you live? 3 4 5 2. Do you work as a staff member, manager, or director at a youth service provider or school in Districts 3, 4, and/or 5? Yes No In which district do you serve or teach youth? 3 4 5 3. Which ages should the youth centers focus on? Please select all ages you think youth centers should serve. 13 14 15 16 17 18 19 20 21 22 23 24 25 I prefer not to say 4. What groups do you think are most in need of a youth center? Please rank them according to their needs (1 = Most in need) by dragging each into your order of preference . Kids and teens with disabilities All (none of the groups need a youth center more than the others) LGBTQ+ youth Low-income families Families new to the area Out-of-school youth Single parent households Youth from systems of care (for example, foster care, homeless, justice involved) Other: _____________________________ 72 Implementation Plan for Measure X-Funded Youth Centers • July 2024 43 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 5. What are the main challenges faced by young people in your neighborhood? Please choose and rank the top five by dragging an item from the left and dropping it into the box on the right . Drug use (alcohol, smoking, illegal substances, etc.) Access to healthcare or other social services Community violence Discrimination (racism, sexism, etc.) Child abuse/neglect Lack of free/low-cost recreational opportunities Lack of equity, diversity, and/or inclusion Employment/job opportunities Bullying Housing quality or affordability Poverty Homelessness Mental health (anxiety, depression, etc.) Hunger/food insecurity Other: _______________________ 6. What kind of programs would you like the youth center to offer? Please choose and rank the five most important by dragging an item from the left and dropping it into the box on the right . Health and sex education/access to resources Safe space for leisure (quiet, meditation, calm, etc.) Sports leagues and fitness programs Music, art, or culture programs Technology/computer labs Youth leadership opportunities Mentoring programs Language/literacy/ESL (English as a Second Language) programs Youth employment trainings, resources/recruitments Academic support and/or tutoring Behavioral/mental health support/resources Social-emotional growth programs Counseling/support groups Food access/sustainable farming programs Housing navigation support Life skills training (e.g., budgeting, cooking, etc.) Community building or peer-oriented events Other: _______________________ TOP 5 TOP 5 73 Implementation Plan for Measure X-Funded Youth Centers • July 2024 44 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 7. What skills, experiences, or characteristics of youth center staff are most important in helping youth achieve their goals? Please rank them according to importance (1 = most important) by dragging each into your order of preference . Food access/sustainable farming programs Housing navigation support Life skills training (e.g., budgeting, cooking, etc.) Community building or peer-oriented events Being from the community where the new youth center will be located Having experience working in the public education system Having general experience working with teens and young adults Having lived experience (for example, staff have been homeless or been in the foster care system themselves) Having experience being a case manager at another youth center (or similar organization) Other: ______________________________ 8. Which neighborhood/town in the district(s) you are affiliated with do you recommend that a youth center be located? Please indicate only one choice for each district you are affiliated with . 9. Please describe a youth center that you would want to go to. 10. What else would you like to share about the possibility of having a youth center in an area you recommended? 11. What are the most important times for the youth centers to be open? Please select only your three top preferences. Weekday mornings Weekday afternoons Weekday evenings Weekend mornings Weekend afternoons Weekend evenings 74 Implementation Plan for Measure X-Funded Youth Centers • July 2024 45 Contra Costa County Measure X Youth Centers Community Engagement Report • June 27, 2024 Appendix E Advertising Samples 1 Flyer advertising three of the listening sessions 2 One of the Facebook advertisements 1 2 75 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Appendix B: List of Existing Needs Assessments Reviewed “Assessment of Service Needs, Strengths, and Opportunities for Children, Youth, and Families in Pittsburg, California.” Lincoln Families. January 2023. https://drive.google.com/file/d/1NrZXTGruclZmlbOfw09TV0k3zFqLLRAj/ view?usp=sharing “Contra Costa County Comprehensive Prevention Plan.” Contra Costa County Children & Family Services and Contra Costa County Probation Department. July 2023. https://www.caltrin.org/wp-content/uploads/2023/07/Contra-Costa- CPP-7.24.23.pdf “Contra Costa County Youth and Young Adult Homelessness Community Needs Assessment,” presentation to the Council on Homelessness. Matthew Aronson Consulting. March 7, 2024. https://www.contracosta.ca.gov/AgendaCenter/ ViewFile/Agenda/_03072024-6064 “Contra Costa County 2021 Report on Juvenile Justice Programs and Services.” Resource Development Associates Consulting. 2022. https://rdaconsulting.com/wp-content/uploads/2022/08/2021_Report_on_Juvenile_Justice_ Programs_and_Services_202200211_STC.pdf “Contra Costa Health 2023-2026 Cultural Humility Plan.” Contra Costa Health, Behavioral Health Services. https://www. cchealth.org/home/showpublisheddocument/29709/638457484253500000 “East Contra Costa STRONG Collaborative Fund Learnings from the Field 2022-2023.” East Bay Community Foundation. 2023. https://www.ebcf.org/wp-content/uploads/2023/11/ECCC-STRONG-2023-Learning-Brief.pdf “John Muir Health 2022 Community Health Needs Assessment.” John Muir Health. https://www.johnmuirhealth.com/ content/dam/jmh/Documents/Community/John%20Muir%20Health%20CHNA%20Report%2012.14.2022_Final.pdf “Measure X Community Advisory Board Report to the Contra Costa County Board of Supervisors.” Submitted by Mariana Moore, Chair, and BK Williams, Vice Chair, on behalf of the Measure X Community Advisory Board. October 6. 2021. http://64.166.146.245/docs/2021/BOS/20211116_1824/47237%5FAttachment%20E%20%2D%20BOS%20 10%2D6%2D21%20%2D%20Final%20%2D%20Final%20for%20BOS.pdf “Recommendations for Contra Costa Office of Racial Equity and Social Justice.” Contra Costa County Office of Racial Equity and Social Justice. 2022. http://64.166.146.245/docs/2022/BOS/20221025_2041/50520_ORESJ.FINAL.190CT2022. pdf “Sutter Health 2022 Community Health Needs Assessment.” Sutter Delta Medical Center. https://www.sutterhealth.org/ pdf/for-patients/chna/sdmc-2022-chna.pdf “2024-2025 Juvenile Justice Crime Prevention Act and Youthful Offenders Block Grant Annual Plan.” Contra Costa County Probation Department. April 29, 2024. https://www.bscc.ca.gov/wp-content/uploads/2024/05/Conta-Costa-JJCPA- YOBG-2024-2025-Annual-Plan.pdf “2022 Community Health Needs Assessment.” Kaiser Permanent Antioch Medical Center. September 27, 2022. https:// about.kaiserpermanente.org/content/dam/kp/mykp/documents/reports/community-health/antioch-chna-2022.pdf 76 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Appendix C: Literature Review Citations “Best Practices for Youth-Serving Organizations.” The Parenting Network/Awareness to Action Milwaukee. March 2016. https://irp.cdn-website.com/9099c724/files/uploaded/20%20Best%20Practices%20of%20Youth-Serving%20 Agencies.pdf “Best Practices: Positive Youth Development.” University of Maryland, Baltimore, School of Social Work, The Institute for Innovation and Implementation. https://theinstitute.umaryland.edu/ Hovde, Kate, and Hahn La, Katherina Rosqueta, Molly Sinderbrand and Stacy Taylor. “Opportunity Youth Toolkit.” University of Pennsylvania Social Policy & Practice, The Center for High Impact Philanthropy. 2021. https://www.impact. upenn.edu/toolkits/opportunity-youth-toolkit/ “Losing Generations: Adolescents in High-Risk Settings.” National Academies of Sciences, Engineering, and Medicine. Washington, D.C. The National Academies Press. 1993. https://doi.org/10.17226/2113 McCombs, Jennifer Sloan, Anamarie A. Whitaker, and Paul Youngmin Yoo. “The Value of Out-of-School Time Programs.” Santa Monica, CA: RAND Corporation. 2017. https://www.rand.org/pubs/perspectives/PE267.html Petrokubi, J., & Janssen, C. “Creating Inclusive and Effective Environments for Young People: Exploring Youth Voice and Youth Adult Partnership.” Portland, Oregon: Education Northwest, Institute for Youth Success. 2017. https://educationnorthwest.org/resources/exploring-youth-voice-and-youth-adult-partnership “Positive Youth Development.” Administration for Children and Families’ Family and Youth Services Bureau. https:// www.acf.hhs.gov/fysb/positive-youth-development#:~:text=Evidence%20for%20PYD&text=Physical%20and%20 psychological%20safety%20and,Emotional%20and%20moral%20support “Positive Youth Development.” Youth.Gov. https://youth.gov/youth-topics/positive-youth-development Settipani, C.A., Hawke, L.D., Cleverley, K. et al. “Key attributes of integrated community-based youth service hubs for mental health: a scoping review.” Int J Ment Health Syst 13, 52. 2019. https://doi.org/10.1186/s13033-019-0306-7 Silva, D. J., Petrilla, C. M., Matteson, D., Mannion, S., & Huggins, S. L. “Increasing Resilience in Youth and Families: YAP’s Wraparound Advocate Service Model.” Child & Youth Services, 41(1), 51–82. 2019. https://doi.org/10.1080/014593 5X.2019.1610870 77 Implementation Plan for Measure X-Funded Youth Centers • July 2024 Appendix D: Data Methodology 1 Ruggles, S., Flood, S., Sobek, M., Backman, D., Chen, A., Cooper, G., Richards, S., Rogers, R., & Schouweiler, M. (2024). *IPUMS USA: Version 15.0* [dataset]. Minneapolis, MN: IPUMS. https://doi.org/10.18128/D010.V15.0 This Appendix describes the methodology used to access and analyze data contained in the Countywide Demographic Data section of this report and in the Youth Profile text boxes found in the District 3, 4 and 5 Youth Center Implementation Plan sections, unless otherwise noted in the body of the report. Data for these sections were pulled and analyzed by New Ways to Work, a consulting firm that works with policy makers, local leaders and youth practitioners to improve their practice, and to define better ways to connect organizations and leverage resources to prepare youth and young adults for the future. The EHSD contracted with Social Change Partners, who in turn subcontracted with New Ways to Work, to conduct public engagement facilitation services for the purpose of gathering community input to inform planning for the Measure X-funded youth centers. New Ways to Work utilized Public Use Microdata Areas (PUMAs) in its analysis. PUMAs are statistical geographic areas created by the United States Census Bureau. They are designed for the dissemination of Public Use Microdata Sample (PUMS) data. Each PUMA area contains at least 100,000 people. PUMAs are the smallest geographic units for which the Census Bureau provides comprehensive sample data, ensuring the confidentiality of respondents’ information while providing detailed geographic data for analysis. PUMA areas are non-overlapping, and while they often align with county boundaries, larger counties may contain multiple PUMAs, and smaller counties might be combined into a single PUMA. PUMAs are used in various census and survey data products, including the American Community Survey (ACS). Researchers and policymakers use PUMA-level data to examine demographic, social, and economic trends in specific areas. PUMAs remain consistent throughout each decade, allowing for reliable comparisons over time. Data in the relevant sections of this report came from the ACS (2022, 1-Year Estimates) and were downloaded from IPUMS (https://usa.ipums.org/usa), a part of the Institute for Social Research and Data Innovation at the University of Minnesota.1 IPUMS curates, integrates, and disseminates global census and survey data, providing harmonized and documented datasets to facilitate comparative research, longitudinal studies, and analysis within family and community contexts. In other words, IPUMS uses data directly from the source and makes it easier to analyze and interpret findings and changes over time. Because there is no meaningful correspondence between Contra Costa County supervisorial districts and the PUMAs that comprise Contra Costa County, the data presented in this report are estimates based on New Ways to Work’s selected methodology. Supervisorial Districts 3, 4, and 5 span eight of the County’s nine PUMAs. Without some information about population overlap between PUMAs and supervisorial districts, accurately examining any demographic information is not possible. However, by using a combination of two research tools, the researchers were able to use data from the ACS to provide a realistic snapshot of youth in Districts 3, 4, and 5. First, using geographic information system (GIS) software developed by ESRI, the researchers mapped census tracts onto supervisorial districts. With this information, the researchers were able to identify the specific census tracts within each district. The researchers then leveraged a tool developed by the Missouri Census Data Center (the Geographic Correspondence Engine; Geocorr) to calculate the proportion (or allocation) of individuals living in one type of geographic area (in this case PUMA) who also live in another type of geographic area (in this case specific census tracts). For example, a PUMA-to-census tract allocation factor of 0.0439 indicates that approximately 4.4% of the population in the Brentwood and Oakley PUMA reside within census tract 3010. Through this process, New Ways to Work was able to approximate the youth population within the boundaries of each supervisorial district in order to estimate their demographic profile based on the underlying ACS data. A final note on the analysis of poverty rates in families with youth: The researchers calculated a poverty-to-income (PI) ratio of 100. The poverty-to-income ratio refers to a scaled measurement used in analysis that categorizes income as a percentage of the poverty threshold. In this case, a PI ratio was used to identify households with income below 100 percent of the poverty threshold. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 282 Name: Status:Type:Consent Resolution Passed File created:In control:7/12/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT Resolution No. 2024-282 confirming the Final Report for CSA EM-1 (Emergency Medical Services) and setting assessments to be collected with the Fiscal Year 2024-25 property taxes, as recommended by the Health Services Director. (100% County Service Area-Emergency Medical Services Fund) Attachments:1. Final Report FY 24-25 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To: Board of Supervisors From:Anna Roth, Health Services Director Report Title:CSA EM-1 Final Report (Measure H) - FY 2024-25 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a Resolution confirming Final Report for CSA EM-1 (Emergency Medical Services) and setting assessments to be collected with the Fiscal Year (FY) 2024-25 property taxes. FISCAL IMPACT: Proposed FY 2024-25 assessments for CSA EM-1 total $4,819,142.38. There is no General Fund impact. BACKGROUND: On June 25, 2024, the Board of Supervisors held a public hearing on the Tentative Report for CSA EM-1 and adopted Resolution No. 2024/235 declaring the Board's intent to levy assessments set forth in that report. Pursuant to Ordinance Code Section 1012-2.612, the attached Final Report for CSA EM-1 updates the Tentative Report based solely upon changes in ownership, changes of address, subdivision of existing parcels, and changes in the class of use of parcels. Revenues from the CSA EM-1 assessments are used to provide an enhanced countywide emergency medical service system as approved by the voters with the passage of Measure H in November 1988. Enhanced EMS services include (1) increased paramedic coverage; (2) added emergency medical training and equipment for firefighters; and (3) an improved EMS communications system. The basic assessment rate proposed for Zone B, comprising all the area of Contra Costa County except for San Ramon Valley, is $10.00 per single-family residence or benefit unit. The rate proposed for Zone A (San Ramon Valley), which does not include paramedic subsidy, is $3.94. These rates are unchanged from the prior year. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.36 File #:RES 2024-282,Version:1 CONSEQUENCE OF NEGATIVE ACTION: Failure to set the CSA EM-1 assessment rate prior to August 10, 2024, may result in the EM-1 assessments not being included in the property tax bills. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF: The Confirmation of Final Report for County Service Area EM-1 (Emergency Medical Services) Fiscal Year 2024-25 and Approval of Assessments. WHEREAS, County Service Area EM-1 has been established to provide enhanced emergency medical services as miscellaneous extended services pursuant to the County Service Area Law (Government Code Sections 25210.1 and following). WHEREAS, the Board, on June 25, 2024, held a public hearing and thereafter adopted Tentative Report for CSA EM-1, Fiscal Year 2024-25 has been filed with the Clerk of the Board pursuant to Ordinance Code Section 1012-2.602. WHEREAS the Tentative Report sets forth proposed assessments for Zone A and Zone B, which have been established within CSA EM-1 to receive specified miscellaneous services. WHEREAS notice of a Board hearing on the Tentative Report was published pursuant to Government Code Section 6066; and WHEREAS, at the public hearing, the Board afforded to every interested person an opportunity to protest or object to the Tentative Report, either in writing or orally, and the Board has considered each protest and objection. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby confirms the Tentative Report for CSA EM-1, Fiscal Year 2024-25, and the assessments identified therein for Fiscal Year 2024-25. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ August 6, 2024 The attached Final Report for County Service Area EM-1 (Zones A and B) for Fiscal Year 2024- 25 is hereby filed pursuant to Ordinance Code Section 1012-2.602. ___________________________________ Marshall Bennett Emergency Medical Services Director - 1 - CONTRA COSTA HEALTH SERVICES Emergency Medical Services Agency County Service Area EM-1 (Zones A and B) Final Report Fiscal Year 2024-25 County Service Area EM-1 has been established to provide enhanced emergency medical services as a miscellaneous extended service within two designated zones: Zone A: Those parcels located within the territory of the San Ramon Valley Fire Protection District. Zone B: Those parcels located within Contra Costa County, but not within Zone A, above. ASSESSMENTS will be levied on each parcel based upon a formula using the following factors: BENEFIT UNIT: A number of BENEFIT UNITS has been assigned to each parcel based upon the Assessor's Use Code classification. For example, a single-family residence (Use Code 11) is assigned one BENEFIT UNIT. Parcels with other Use Code classifications are assigned a number of BENEFIT UNITS based upon the relative benefit from the miscellaneous extended services provided under CSA EM-1. Exhibit A is a Table of BENEFIT UNITS showing the number of BENEFIT UNITS assigned parcels for each Use Code classification. RATE: The RATE is the dollar amount of the ASSESSMENT levied per BENEFIT UNIT. Separate RATES have been established for each zone based upon the miscellaneous extended services to be provided within that zone. The formula for calculating the ASSESSMENT on each parcel is as follows: ASSESSMENT = BENEFIT UNITS x RATE Zone A The RATE that has been established for Zone A is: $3.94 per BENEFIT UNIT Exhibit B is the "Zone A - Table of Assessments," showing the ASSESSMENT established for each parcel according to its USE CODE. A description of each parcel and the USE CODE number assigned thereto is contained in Exhibit C. The total ASSESSMENTS for Zone A are $240,052.38 based upon 52,219 ASSESSED PARCELS. Zone B The RATE that has been established for Zone B is: $10.00 per BENEFIT UNIT Exhibit D is the "Zone B - Table of Assessments," showing the ASSESSMENT established for each parcel according to its USE CODE. A description of each parcel and the USE CODE number of assigned thereto is contained in Exhibit E. The total ASSESSMENTS for Zone B are $4,579,090.00 based upon 303,095 ASSESSED PARCELS. A - 1 Exhibit A COUNTY SERVICE AREA EM-1 (ZONES A AND B) Table of Benefit Units Benefit Use Units Code Description RESIDENTIAL: 0.0 10 Vacant, unbuildable 1.0 11 Single family, 1 residential on 1 Site and Duets w/o minor common areas 1.0 12 Single family, 1 residential on 2 or more sites 2.0 13 Single family, 2 or more residential on 1 or more sites 1.0 14 Single family on other than single family land 0.0 15 Miscellaneous improvements, 1or more site, incl. trees and vines 0.0 16 Single family attached residence, townhouse, duets 0.0 17 Vacant, 1 site (includes PUD sites) 0.5 18 Vacant, 2 or more sites 1.0 19 Single family detached res. with major common area (pool, tennis, clubhouse, or other amenities), Cluster Homes MULTIPLE: 0.5 20 Vacant 2.0 21 Duplex 3.0 22 Triplex 4.0 23 Fourplex 3.0 24 Combinations, e.g. single and a double 5.0 25 Apartments, 5-12 units, inclusive 13.0 26 Apartments, 13-24 units, inclusive 25.0 27 Apartments, 25-59 units, inclusive 60.0 28 Apartments, 60 units or more 1.0 29 Condos, cooperatives (-1 Single Family) (-2 Rossmoor) COMMERCIAL: 0.5 30 Vacant 3.0 31 Commercial stores (not supermarkets) 3.0 32 Small grocery stores (7-11, mom and pop, quick stop) 3.0 33 Office buildings 10.0 34 Medical, dental 3.0 35 Service stations; car washes; bulk plants; mini lube 3.0 36 Auto repair 3.0 37 Community facilities; recreational; swim pool association 3.0 38 Golf courses 3.0 39 Bowling alleys A - 2 COUNTY SERVICE AREA EM-1 (ZONES A AND B) Table of Benefit Units (Continued) Benefit Use Units Code Description COMMERCIAL 3.0 40 Boat Harbors 3.0 41 Supermarkets (not in shopping centers) 15.0 42 Shopping centers (all parcels include vacant for future shopping center) 3.0 43 Financial buildings (insurance and title companies, banks, savings and loans) 20.0 44 Motels, hotels, and mobile home parks 3.0 45 Theaters 3.0 46 Drive-in restaurants (hamburgers, taco, etc.) 3.0 47 Restaurants (not drive-in; inside service only) 3.0 48 Multiple and commercial; miscellaneously improved 3.0 49 New car auto agencies INDUSTRIAL: 0.5 50 Vacant Land 20.0 51 Industrial Park (with structures) 3.0 52 Research and Development, with or without structures 20.0 53 Light industrial 500.0 54 Heavy industrial 3.0 55 Mini-warehouse (public storage) 3.0 56 Miscellaneous improvements, including trees & vines on light or heavy industrial 0.0 57 (unassigned) 0.0 58 (unassigned) 0.0 59 Pipeline rights-of-way LAND: 0.0 60 (unassigned) 1.0 61 Rural, residential improved; 1 to 10 acres 1.0 62 Rural, with or without miscellaneous structures, 1 to 10 acres 1.0 63 Urban acreage, 10 to 40 acres 2.0 64 Urban acreage, more than 40 acres 1.0 65 Orchards, vineyards, row crops, irrigated pastures, 10 to 40 acres 2.0 66 Orchards, vineyards, row crops, irrigated pastures over 40 acres 1.0 67 Dry farming, grazing and pasturing, 10 to 40 acres 2.0 68 Dry farming, grazing and pasturing, over 40 acres 1.0 69 Agricultural preserves A - 3 COUNTY SERVICE AREA EM-1 (ZONES A AND B) Table of Benefit Units (Continued) Benefit Use Units Code Description INSTITUTIONAL: 50.0 70 Convalescent hospitals and rest homes 0.0 71 Churches 1.0 72 Schools & colleges, public or private, with or without improvements 100.0 73 Hospitals, with or without improvements 1.0 74 Cemeteries, mortuaries 1.0 75 Fraternal and service organizations, group homes, shelters 25.0 76 Retirement housing complex 0.0 77 Cultural uses (libraries, museums) 3.0 78 Parks and playgrounds 0.0 79 Government- owned, with or without buildings (federal, state, city, BART) MISCELLANEOUS: 0.0 80 Mineral rights (productive/nonproductive) 0.0 81 Private roads 3.0 82 Pipelines and canals 0.0 83 State board assessed parcels 1.0 84 Utilities, with or without buildings (not assessed by SBE) 1.0 85 Public and private parking 1.0 86 Taxable municipally- owned property 0.0 87 Common area parcels in PUD's (open spaces, recreational facilities) 0.0 88 Mobile home 0.0 89 Other, split parcels in different Tax Code Areas 1.0 99 Awaiting assignment B - 1 Exhibit B COUNTY SERVICE AREA EM-1 Zone A - Table of Assessments Use Benefit Zone A Code Units Rate Assessment 10 0.0 $3.94 $0.00 11 1.0 $3.94 $3.94 12 1.0 $3.94 $3.94 13 2.0 $3.94 $7.88 14 1.0 $3.94 $3.94 15 0.0 $3.94 $0.00 16 0.0 $3.94 $0.00 17 0.0 $3.94 $0.00 18 0.5 $3.94 $1.97 19 1.0 $3.94 $3.94 20 0.5 $3.94 $1.97 21 2.0 $3.94 $7.88 22 3.0 $3.94 $11.82 23 4.0 $3.94 $15.76 24 3.0 $3.94 $11.82 25 5.0 $3.94 $19.70 26 13.0 $3.94 $51.22 27 25.0 $3.94 $98.50 28 60.0 $3.94 $236.40 29 1.0 $3.94 $3.94 30 0.5 $3.94 $1.97 31 3.0 $3.94 $11.82 32 3.0 $3.94 $11.82 33 3.0 $3.94 $11.82 34 10.0 $3.94 $39.40 35 3.0 $3.94 $11.82 36 3.0 $3.94 $11.82 37 3.0 $3.94 $11.82 38 3.0 $3.94 $11.82 39 3.0 $3.94 $11.82 40 3.0 $3.94 $11.82 41 3.0 $3.94 $11.82 42 5.0 $3.94 $59.10 B - 2 COUNTY SERVICE AREA EM-1 Zone A - Table of Assessments (continued) Use Benefit Zone A Code Units Rate Assessment 43 3.0 $3.94 $11.82 44 0.0 $3.94 $78.80 45 3.0 $3.94 $11.82 46 3.0 $3.94 $11.82 47 3.0 $3.94 $11.82 48 3.0 $3.94 $11.82 49 3.0 $3.94 $11.82 50 0.5 $3.94 $1.97 51 0.0 $3.94 $78.80 52 3.0 $3.94 $11.82 53 0.0 $3.94 $78.80 54 500.0 $3.94 $1,970.00 55 3.0 $3.94 $11.82 56 3.0 $3.94 $11.82 57 0.0 $3.94 $0.00 58 0.0 $3.94 $0.00 59 0.0 $3.94 $0.00 60 0.0 $3.94 $0.00 61 1.0 $3.94 $3.94 62 1.0 $3.94 $3.94 63 1.0 $3.94 $3.94 64 2.0 $3.94 $7.88 65 1.0 $3.94 $3.94 66 2.0 $3.94 $7.88 67 1.0 $3.94 $3.94 68 2.0 $3.94 $7.88 69 1.0 $3.94 $3.94 70 50.0 $3.94 $197.00 71 0.0 $3.94 $0.00 72 1.0 $3.94 $3.94 73 100.0 $3.94 $394.00 74 1.0 $3.94 $3.94 75 1.0 $3.94 $3.94 B - 3 COUNTY SERVICE AREA EM-1 Zone A - Table of Assessments (continued) Use Benefit Zone A Code Units Rate Assessment 76 25.0 $3.94 $98.50 77 0.0 $3.94 $0.00 78 3.0 $3.94 $11.82 79 0.0 $3.94 $0.00 80 0.0 $3.94 $0.00 81 0.0 $3.94 $0.00 82 3.0 $3.94 $11.82 83 0.0 $3.94 $0.00 84 1.0 $3.94 $3.94 85 1.0 $3.94 $3.94 86 1.0 $3.94 $3.94 87 0.0 $3.94 $0.00 88 0.0 $3.94 $0.00 89 0.0 $3.94 $0.00 99 1.0 $3.94 $3.94 C - 1 Exhibit C COUNTY SERVICE AREA EM-1 Zone A - Parcel Descriptions, Use Codes, and Benefit Units On file at: Emergency Medical Services Agency 777 Arnold Drive, Suite 110, Martinez, CA 94553 D - 1 Exhibit D COUNTY SERVICE AREA EM-1 Zone B - Table of Assessments Use Benefit Zone B Code Units Rate Assessment 10 0.0 $10.00 $0.00 11 1.0 $10.00 $10.00 12 1.0 $10.00 $10.00 13 2.0 $10.00 $20.00 14 1.0 $10.00 $10.00 15 0.0 $10.00 $0.00 16 0.0 $10.00 $0.00 17 0.0 $10.00 $0.00 18 0.5 $10.00 $5.00 19 1.0 $10.00 $10.00 20 0.5 $10.00 $5.00 21 2.0 $10.00 $20.00 22 3.0 $10.00 $30.00 23 4.0 $10.00 $40.00 24 3.0 $10.00 $30.00 25 5.0 $10.00 $50.00 26 13.0 $10.00 $130.00 27 25.0 $10.00 $250.00 28 60.0 $10.00 $600.00 29 1.0 $10.00 $10.00 30 0.5 $10.00 $5.00 31 3.0 $10.00 $30.00 32 3.0 $10.00 $30.00 33 3.0 $10.00 $30.00 34 10.0 $10.00 $100.00 35 3.0 $10.00 $30.00 36 3.0 $10.00 $30.00 37 3.0 $10.00 $30.00 38 3.0 $10.00 $30.00 39 3.0 $10.00 $30.00 40 3.0 $10.00 $30.00 41 3.0 $10.00 $30.00 42 15.0 $10.00 $150.00 43 3.0 $10.00 $30.00 D - 2 COUNTY SERVICE AREA EM-1 Zone B - Table of Assessments (continued) Use Benefit Zone B Code Units Rate Assessment 44 20.0 $10.00 $200.00 45 3.0 $10.00 $30.00 46 3.0 $10.00 $30.00 47 3.0 $10.00 $30.00 48 3.0 $10.00 $30.00 49 3.0 $10.00 $30.00 50 0.5 $10.00 $5.00 51 20.0 $10.00 $200.00 52 3.0 $10.00 $30.00 53 20.0 $10.00 $200.00 54 500.0 $10.00 $5,000.00 55 3.0 $10.00 $30.00 56 3.0 $10.00 $30.00 57 0.0 $10.00 $0.00 58 0.0 $10.00 $0.00 59 0.0 $10.00 $0.00 60 0.0 $10.00 $0.00 61 1.0 $10.00 $10.00 62 1.0 $10.00 $10.00 63 1.0 $10.00 $10.00 64 2.0 $10.00 $20.00 65 1.0 $10.00 $10.00 66 2.0 $10.00 $20.00 67 1.0 $10.00 $10.00 68 2.0 $10.00 $20.00 69 1.0 $10.00 $10.00 70 50.0 $10.00 $500.00 71 0.0 $10.00 $0.00 72 1.0 $10.00 $10.00 73 100.0 $10.00 $1,000.00 74 1.0 $10.00 $10.00 75 1.0 $10.00 $10.00 76 25.0 $10.00 $250.00 D - 3 COUNTY SERVICE AREA EM-1 Zone B - Table of Assessments (continued) Use Benefit Zone B Code Units Rate Assessment 77 0.0 $10.00 $0.00 78 3.0 $10.00 $30.00 79 0.0 $10.00 $0.00 80 0.0 $10.00 $0.00 81 0.0 $10.00 $0.00 82 3.0 $10.00 $30.00 83 0.0 $10.00 $0.00 84 1.0 $10.00 $10.00 85 1.0 $10.00 $10.00 86 1.0 $10.00 $10.00 87 0.0 $10.00 $0.00 88 0.0 $10.00 $0.00 89 0.0 $10.00 $0.00 99 1.0 $10.00 $10.00 E - 1 Exhibit E COUNTY SERVICE AREA EM-1 Zone B - Parcel Descriptions, Use Codes, and Benefit Units On file at: Emergency Medical Services Agency 777 Arnold Drive, Suite 110, Martinez, CA 94553 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2397 Name: Status:Type:Consent Item Passed File created:In control:7/26/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT report prepared by the Health Services Department as the Board of Supervisors' response to Contra Costa Civil Grand Jury Report No. 2404, entitled “County Petroleum Refineries and Hazardous Material Releases – Improving the Hazmat Response”, and DIRECT the Clerk of the Board to transmit the Board’s response to the Superior Court no later than September 9, 2024. Attachments:1. Response to Grand Jury Report 2404, 2. Grand Jury Report No. 2404 - County Petroleum Refineries and Hazardous Material Releases-Improving the Hazmat Response .pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:PROPOSED RESPONSE TO GRAND JURY REPORT NO. 2404, COUNTY PETROLEUM REFINERIES AND HAZARDOUS MATERIAL RELEASES - IMPROVING THE HAZMAT RESPONSE ☐Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT report prepared by the Health Services Department as the Board of Supervisors' response to Contra Costa Civil Grand Jury Report No. 2404, entitled “County Petroleum Refineries and Hazardous Material Releases - Improving the Hazmat Response” (Report), and DIRECT the Clerk of the Board to transmit the Board’s response to the Superior Court no later than September 9, 2024. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The 2023-24 Contra Costa County Civil Grand Jury filed the above-referenced report on June 11, 2024 (see Attachment) which was addressed to and received by the Board of Supervisors on June 25, 2024 and subsequently referred to the County Administrator, the Health Services Director, and the Sheriff-Coroner for response. Attached are the proposed responses to the grand jury’s findings and recommendations prepared by the County Administrator and the Health Services Department. The California Penal Code specifies that the Board of Supervisors must forward its response to the Superior Court no later than September 9, 2024 (90 days from the date of the report’s filing). The report includes four (4) findings assigned to the Board of Supervisors. For each finding, the County is responsible for indicating one of the following actions: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.37 File #:24-2397,Version:1 ·We agree with the finding. ·We disagree with the finding. ·We partially disagree with the finding. In each case where the County disagrees or partially disagrees, the County must specify the portion of the finding that is disputed and include an explanation of the reasons therefore. The report concludes with four (4) recommendations assigned to the Board of Supervisors; however, the department has also prepared a response to Recommendation R.7. The Grand Jury did not request a response from anyone on this recommendation, but staff recommends responding to this recommendation because staff plans to submit the new CUPA permit fee schedule to the Board of Supervisors for consideration by December 31, 2024. For each recommendation, the County is responsible for stating one of the following actions: ·The recommendation has been implemented, with a summary describing the implemented action. ·The recommendation has not yet been implemented but will be implemented in the future, with a timeframe for implementation. ·The recommendation requires further analysis. This response should explain the scope and parameters of the analysis or study, and a timeframe for the matter to be prepared for discussion. This timeframe shall not exceed six months from the date of the publication of the Grand Jury Report. ·The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation thereof. The attached draft responses are presented for the Board of Supervisors’ consideration to transmit to the presiding judge. The response must be provided no later than September 9, 2024. CONSEQUENCE OF NEGATIVE ACTION: Should the Board not adopt a response today, the County will miss the response deadline. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1 Contra Costa County Response to Civil Grand Jury Report No. 2404, entitled “County Petroleum Refineries and Hazardous Materials Releases – Improving the Hazmat Response” Findings F3. Contra Costa Health Services has hired an outside contractor to perform a CUPA fee study which is in draft status and currently not available for inclusion in this report. Response: Respondent agrees with the finding. F4. One purpose of the new CUPA fee study is to support the request from Contra Costa Health Services for a change in its organizational structure to establish the job classification of Supervising Hazardous Materials Specialist. Response: Respondent agrees with the finding. F5. Contra Costa Health Services is in the process of receiving approval from the Board of Supervisors to add three Supervising Hazardous Materials Specialists to its staff. Response: Respondent agrees with the finding. The Contra Costa County Board of Supervisors approved the establishment of the job classification Supervising Hazardous Materials Specialist and the addition of three (3) positions on June 25, 2024. F6. Placing a toxicologist on retainer would enable Contra Costa Health Services to obtain a toxicology report needed for some hazardous material release incidents without the delay of the current procedure. Response: Respondent agrees with the finding. Recommendations R3. By December 31, 2024, the Board of Supervisors should approve a modification to HMINP giving residents the option to receive awareness messaging from CWS for Level One incidents that can be observed or sensed by the public off site. Response: The recommendation has not been implemented. Contra Costa Health Services staff intend to bring the recommendation before the Board of Supervisors for consideration by December 31, 2024. R4. By December 31, 2024, the Board of Supervisors should consider approval of the request from Contra Costa Health Services to establish the job classification of Supervising Hazardous Materials Specialist. Response: The recommendation has been implemented. The Contra Costa County Board of Supervisors approved the establishment of the job classification Supervising Hazardous Materials Specialist on June 25, 2024. 2 R5. By December 31, 2024, the Board of Supervisors should consider approval of the request from Contra Costa Health Services to add three Supervising Hazardous Materials Specialists to the staff at HazMat. Response: The recommendation has been implemented. The Contra Costa County Board of Supervisors approved the addition of three (3) Supervising Hazardous Materials Specialist positions on June 25, 2024. R6. By December 31, 2024, the Board of Supervisor should consider approval of the retention on retainer of a toxicologist by Contra Costa Health Services. Response: The recommendation has not been implemented. Contra Costa Health Services staff intend to bring the recommendation before the Board of Supervisors for consideration by December 31, 2024. R7. By December 31, 2024, the Board of Supervisors should consider approval of the new CUPA permit fee schedule proposed by Contra Costa Health Services . Response: The recommendation has not been implemented. Contra Costa Health Services staff intend to bring the recommendation before the Board of Supervisors for consideration by December 31, 2024. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2398 Name: Status:Type:Consent Item Passed File created:In control:7/11/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an contract amendment with Hyland Software, Inc., to increase the payment limit by $553,579 to an amount not to exceed $745,901 and to extend the term through July 31, 2027 for additional document management software and services for Contra Costa Health. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Amendment/Extension #23-505-4 with Hyland Software, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County a Renewal Order Form with Hyland Software,Inc.,a corporation,effective August 1,2024 to increase the payment limit by $553,579,from $192,322 to a new payment limit of $745,901,and extend the termination date from July 31,2026 to July 31,2027 for additional OnBase document management software and services for the Contra Costa Health’s (CCH) Information Systems Unit. FISCAL IMPACT: Approval of this Amendment will result in additional annual expenditures of up to $553,579 and will be funded as budgeted by the department in FYs 2024-27, by 100% by Hospital Enterprise Fund I. (Rate increase) BACKGROUND: This Amendment/Extension meets the needs of the County by providing Hyland OnBase Enhanced Managed Services.Hyland Enhanced Managed Services allows the ability to configure,update,and maintain the Onbase document management software application and is a critical component of the CCH's Electronic Health Record (EHR)system,Epic.It is used enterprise-wide for imaging,scanning,document indexing,storage,electronic data archival,and retrieval through multiple CCH divisions.Hyland is the sole proprietary vendor of OnBase and the only authorized provider of ongoing system maintenance and support services.The additional funds provided by this amendment will allow for the continuation of work and ongoing delivery of the subscription services. Additionally, the Contract provides for performance of CCH’s ever-changing business requirements. In July 2023,the County Administrator and Purchasing Manager approved Contract #23-505-3 with Hyland Software,Inc.,in an amount not to exceed $192,322 for the provision of managed services to assist CCH Information Systems Unit with the upgrade of its OnBase software solution,regarding the implementation of CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2398,Version:1 Information Systems Unit with the upgrade of its OnBase software solution,regarding the implementation of Hyperdrive release for Epic,for the period from June 22,2023,through July 31,2026.This Contractor has been approved by the Public Works Department’s Purchasing Division on May 7,2024.A summary of contract deliverables including measurable outcomes required by the contractor to be monitored by the department in compliance with Section III (B)(7)of the Purchasing Policy include,stability and availability of the software application, response to business needs, and execution of solution optimization tasks. Approval of Contract Amendment/Extension #23-505-4 will allow the Contractor to provide additional services through July 31, 2027. CONSEQUENCE OF NEGATIVE ACTION: If this Amendment is not approved,CCH’s subscription to Hyland’s Enhanced Managed Services will expire and could result in substantially higher costs to secure the same or similar services under multiple contracts or engagement basis,causing significate delays in CCH’s ability to meet regulatory compliance for interoperability and information and data sharing requirements within CCH’s EHR system,adversely impacting and inhibiting the planned future expansion of OnBase into other CCH divisions. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2399 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Kadiant LLC, to increase the payment limit by $700,000 to an amount not to exceed $760,000 for additional applied behavior analysis services with no change in the term ending September 30, 2025. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #77-284-2 with Kadiant LLC ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract Amendment Agreement #77-284-2 with Kadiant LLC,a limited liability company,effective August 1, 2024,to amend Contract #77-284-1,to increase the payment limit by $700,000 from $60,000 to a new payment limit of $760,000,for additional applied behavior analysis (ABA)services with no change in the term of October 1, 2022 through September 30, 2025. FISCAL IMPACT: Approval of this Amendment will result in additional expenditures of up to $700,000 and will be funded as budgeted by the department in FY 2024-25, 100% by CCHP Enterprise Fund II revenues. (No rate increase) BACKGROUND: CCHP has an obligation to provide certain ABA services for its members under the terms of their Individual and Group Health Plan membership contracts with the county.This contractor has been a part of the CCHP Provider Network providing these services and fostering a deep understanding of the CCHP organizations mission,values,and long-term objectives since March 1,2020.This Contract is entered into under and subject to the following legal authorities:California Government Code §§26227 and 31000;Health and Safety Code § 1451.Health Services Personnel approved this contract to ensure no conflicts with labor relations.Contractor currently cooperates with and participates in CCHP’s Quality Management Program which consists of quality improvement activities to improve the quality of care and services and member experience.Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs. On September 20,2022,the County Administrator approved and the Purchasing Services Manager executed CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2399,Version:1 On September 20,2022,the County Administrator approved and the Purchasing Services Manager executed Contract #77-284-1 with Kadiant LLC,in an amount not to exceed $60,000,for the provision of ABA services for CCHP members and County recipients, for the period October 1, 2022 through September 30, 2025. Approval of Contract Amendment Agreement #77-284-2 will allow the Contractor to continue providing ABA services for CCHP members and County recipients through September 30,2025.The payment limit increase is due to a large increase in ABA service referrals compared to prior contract that occurred during the pandemic. CONSEQUENCE OF NEGATIVE ACTION: If this Amendment is not approved,certain ABA services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided and may cause a delay in services to CCHP members. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2400 Name: Status:Type:Consent Item Passed File created:In control:7/18/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Shahbaz R. Khan, M.D., to increase the payment limit by $60,000 to an amount not to exceed $204,144 for additional outpatient psychiatric services and expert court testimony with no change in the term ending August 31, 2024. (100% Mental Health Realignment) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Amendment #74-408-17 with Shahbaz R. Khan, M.D. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract Amendment Agreement #74-408-17 with Shahbaz R.Khan,M.D.,an individual,effective June 1, 2024,to amend Contract #74-408-16,to increase the payment limit by $60,000,from $144,144 to a new payment limit of $204,144, with no change in the term of September 1, 2023 through August 31, 2024. FISCAL IMPACT: Approval of this Amendment will result in additional annual expenditures of up to $60,000 and will be funded as budgeted by the department in FY 2024-25, by Mental Health Realignment funds. (No rate increase) BACKGROUND: The county has been contracting with Shahbaz R.Khan,M.D.,since September 1,2010 to provide psychiatric services,for Afghan speaking mental health consumers in central Contra Costa County and expert court testimony.This Contract is entered into under and subject to the following legal authorities:Welfare and Institutions Code,§5600 et seq.(The Bronzan McCorquodale Act);California Code of Regulations (“CCR”), and California Government Code §§26227 and 31000.This contract was approved by Health Services Personnel to ensure there is no conflict with labor relations.The Behavioral Health’s Quality Management, Utilization Management and Contract Monitor Staff meet on a regular basis to ensure monitoring and performance measures in the contract are upheld. On August 9,2023 the County Administrator approved and the Purchasing Services Manager executed Contract #74-408-16 with Shahbaz R.Khan,M.D.in an amount not to exceed $144,144 for the provision of psychiatric CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2400,Version:1 services, for the period from September 1, 2023 through August 31, 2024. Approval of Contract Amendment Agreement #74-408-17 will allow the Contractor to provide additional services through August 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this Amendment is not approved,the behavioral health services department will not have access to contractors’ psychiatric services which may create increased wait times for patients. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2401 Name: Status:Type:Consent Item Passed File created:In control:7/18/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Youth Service Bureau, in an amount not to exceed $5,388,308 to provide Medi-Cal specialty mental health services to children and their families in West Contra Costa County for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #24-409-49 with Contra Costa Youth Service Bureau ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract #24-409-49 with Contra Costa Youth Service Bureau.,a non-profit corporation,in an amount not to exceed $5,388,308,to provide Medi-Cal specialty mental health services for Seriously Emotionally Disturbed (SED)children and their families in West Contra Costa County for the period July 1,2024 through June 30, 2025. FISCAL IMPACT: Approval of this Contract will result in annual budgeted expenditures of up to $5,388,308 for FY 2024-25 and will be funded 100% by Federal Medi-Cal revenues. BACKGROUND: Behavioral Health Services Division (BHSD)/Mental Health has an obligation to provide certain Medi-Cal specialty mental health services including but not limited to:wraparound and outpatient treatment,individual, group,and family evaluations,plan development,rehabilitation support services,crisis intervention services and linkage/advocacy services for its members under the terms of their Individual and Group Health Plan membership contracts with the County.This Contract meets the social needs of County’s population by providing community-based mental health services focusing on SED children,adolescents and their families which will result in positive social and emotional development at home,in the community and greater school success.This Contractor has been providing these mental health services while fostering a deep understanding of the BHSD organizations mission, values, and long-term objectives since July 1996. This Contract is entered into under and subject to the following legal authorities:Welfare and Institution Code, §5600 et seq.(The Bronzan McCorquodale Act);California Code of Regulations (“CCR”),Title 9,§523 et seq. (Community Mental Health Services)and California Government Code §§26227 and 31000.Health Services CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2401,Version:1 (Community Mental Health Services)and California Government Code §§26227 and 31000.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor currently cooperates and participates in BHSD’s Quality Management Program which consists of quality improvement activities to improve the quality of care,services and member experience.Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs.Per Administrative Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains a current qualified list of vendors at all times. On June 27,2023,the Board of Supervisors approved Contract #24-409-48 with Contra Costa Youth Service Bureau.,in an amount not to exceed $5,388,308 for the provision of Medi-Cal specialty mental health services for SED children and their families in West Contra Costa County,for the period from July 1,2023 through June 30, 2024. Approval of Contract #24-409-49 will allow the Contractor to continue to provide Medi-Cal specialty mental health services for SED children and families through June 30,2025.This Contract delay was due to negotiations between the Division and Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,there will be fewer Medi-Cal specialty mental health services available for SED children in West Contra Costa County as the County solicits and engages an alternative contractor. CHILDREN’S IMPACT STATEMENT: This Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2402 Name: Status:Type:Consent Item Passed File created:In control:7/19/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Loomis Armored US, LLC, to increase the payment limit by $100,000 to an amount not to exceed $210,000 for additional armored car transportation services for the Health Services Department with no change in the term ending July 1, 2026. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Amendment Agreement #76-804-2 with Loomis Armored US, LLC ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract Amendment Agreement #76-804-2 with Loomis Armored US,LLC,a limited liability company, effective August 1,2024,to amend Contract #76-804,to increase the payment limit by $100,000,from $110,000 to a new payment limit of $210,000,to provide additional armored car transportation services to transport cash,currencies,and other valuables to and from County designated pickup locations to County depositories, with no change in the original term of August 1, 2023 through July 31, 2026. FISCAL IMPACT: Approval of this Amendment will result in additional contractual service expenditures of up to $100,000 and will be funded as budgeted 100% by Hospital Enterprise Fund I revenues. BACKGROUND: This Contract is crucial for the Health Services Department to comply with County deposit requirements and to mitigate risk by providing armored vehicle transportation services.Contractor provides armored car courier services to transport cash,currencies,and other valuables to and from Health Services Department locations to designated depositories.Contractor has been providing armored car transport services to the County since August 2023.This Contract is entered into under and subject to the following legal authorities:California Government Code §§31000.Health Services Personnel approved this Contract to ensure no conflicts with labor relations. On January 10,2023,the Board of Supervisors approved Contract #76-804 with Loomis Armored US,LLC,in an amount not to exceed $110,000,for the provision of armored car transportation services to transport cash currencies and other valuables to and from County designated pickup locations to County depositories,for the CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2402,Version:1 currencies and other valuables to and from County designated pickup locations to County depositories,for the period January 1, 2023 through December 31, 2025. Contract contained mutual indemnification. On June 4,2024,the Board of Supervisors approved to rescind Board action of January 10,2023 (C.68),which pertained to a contract with Loomis Armored,US,LLC,which stated the incorrect term previously approved by the Board.The purpose of this Board Order was to correct the term to match the correct term dates as agreed upon by County and Contractor to read August 1, 2023 through July 31, 2026. Approval of Contract Amendment Agreement #76-804-2 will increase the payment limit and allow contractor to provide additional armored car transportation services with no change in the original term of August 1,2023 through July 31, 2026. CONSEQUENCE OF NEGATIVE ACTION: If this Amendment is not approved,County will not have the additional armored car transport services to cover transportation of cash,currencies,and other valuables to and from Health Services Department locations to Health Services designated depositories. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2403 Name: Status:Type:Consent Item Passed File created:In control:7/22/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with East Bay Audiologists, a Professional Corporation, to increase the payment limit by $750,000 to an amount not to exceed $2,955,000 for additional audiology evaluation services at Contra Costa Regional Center with no change in the term ending August 31, 2026. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title: Amendment #26-140-8 with East Bay Audiologists, a Professional Corporation ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #26-140-8 with East Bay Audiologists, a Professional Corporation, a corporation, effective August 1, 2024, to amend Contract #26-140-7, to increase the payment limit by $750,000, from $2,205,000 to a new payment limit of $2,955,000, with no change in the original term of September 1, 2023 through August 31, 2026. FISCAL IMPACT: Approval of this amendment will result in additional contractual service expenditures of up to $750,000 and will be funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers rely on contractors to provide necessary audiology specialty health services to its patients. County has been contracting with East Bay Audiologists for audiology evaluation services and supplies since September 2015. On August 15, 2023, the Board of Supervisors approved Contract #26-140-7 with East Bay Audiologists, a Professional Corporation, in an amount not to exceed $2,205,000 for the provision of audiology evaluation services, hearing aid evaluations, fitting, dispensing and procurement of hearing aids at CCRMC, for the period September 1, 2023 through August 31, 2026. Approval of Contract Amendment Agreement #26-140-8 will allow the Contractor to provide additional CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2403,Version:1 audiology evaluation services through August 31, 2026. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, necessary audiology services needed for patient care will not be available or will create increased wait times due to the limited number of providers available within the community. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2404 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to accept a grant award from the Department of Health Care Services, Children Medical Services, to pay the County an amount not to exceed $1,279,105 for the Child Health and Disability Prevention, Health Care Program for children in foster care including psychotropic medication management and monitoring oversight activities for the period July 1, 2024 through June 30, 2025. (100% State, no County match) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Grant Award #29-338-30 from the Department of Health Care Services, Children Medical Services ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director, or designee, to accept on behalf of the County Grant Award #29-338-30 with the Department of Health Care Services, Children Medical Services, to pay the County in an amount not to exceed $1,279,105, for the Child Health and Disability Prevention (CHDP), the Health Care Program for Children in Foster Care (HCPCFC) and Psychotropic Medication Management and Monitoring Oversight (PMM&O) activities, for the period from July 1, 2024 through June 30, 2025. FISCAL IMPACT: Approval of this grant award will result in $1,279,105 of funding from the California Department of Health Care Services for the CHDP, HCPCFC and PMM&O projects. No county match is required. BACKGROUND: The CHDP Program carries out State mandates regarding early and periodic screening, diagnosis and treatment and case coordination of health and dental services for children on Medi-Cal or within the 200% poverty level. These services are federally required and consistent with approved standards of medical practice. The CHDP program is responsible for provider certifications, network and resource development, training, outreach, care coordination, follow up and communications with medical and dental providers. This program works closely with community providers, other health related agencies, Managed Care, County Departments including Employment and Human Services, Probation, and Community Services as well as other Health Services Divisions to provide a wide variety of health related consultation services. The County has CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2404,Version:1 been part of this program since 1980. The goal of the Program is to provide access to Contra Costa County low-income children for periodic wellness care, provide further diagnosis and treatment for medical and dental problems found, assist with enrollment into a comprehensive plan, provide case coordination, follow up, and liaison to various resources, and provide case management and payment for care for children ages 0-21. The HCPCFC program carries out federal and state mandates for children in foster care and the juvenile justice system. PMM&O provides administrative public health nursing oversight of psychotropic medications for children in foster care and the juvenile justice system. On September 12, 2023, the Board of Supervisors approved Grant Award #29-338-29 with the Department of Health Care Services, Children Medical Services, in an amount not to exceed $1,368,536, for the period from July 1, 2023 through June 30, 2024. Approval of Grant Award #29-338-30 will allow for the continuation of this long standing state and federal funding that supports these ongoing Public Health Programs: CHDP, HCPCFC and PMM&O through June 30, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funding to support the CHDP, HCPCFC and the PMM&O programs to comply with State and Federal requirements. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2405 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with California Spine Center, A Professional Medical Corporation, in an amount not to exceed $360,000 to provide pain management services for Contra Costa Health Plan members and County recipients for the period August 1, 2024 through July 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #77-234-2 with California Spine Center, A Professional Medical Corporation ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract #77-234-2 with California Spine Center,A Professional Medical Corporation,in an amount not to exceed $360,000,to provide pain management services for Contra Costa Health Plan (CCHP)members and County recipients for the period August 1, 2024 through July 31, 2027. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $360,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain medical specialty health care services including but not limited to pain management services for its members under the terms of their Individual and Group Health Plan membership contracts with the County.Pain management is an aspect of medicine health care involving relief of pain (pain relief,analgesia,pain control)in various dimensions,from acute and simple to chronic and challenging.Contractor specializes in treating medical conditions affecting the brain,spinal cord,nerves, bones,joints,ligaments,muscles,and tendons.Contractor’s proven track record and established reputation within the medical community mitigates potential risks associated with CCHP’s success and patient well-being. This Contractor has been a part of the CCHP Provider Network providing pain management services and fostering a deep understanding of the CCHP organizations mission,values,and long-term objectives since August 1, 2019. This Contract is entered into under and subject to the following legal authorities:California Government Code §§26227 and 31000;Health and Safety Code §1451.Health Services Personnel approved this Contract toCONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2405,Version:1 §§26227 and 31000;Health and Safety Code §1451.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor currently cooperates with and participates in CCHP’s Quality Management Program which consists of quality improvement activities to improve the quality of care and services and member experience.Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs.The nature of the pain management services needed is complex and requires seamless coordination, integration and collaboration with existing programs and systems.Per Administrative Bulletin 600.3 CCHP Physician services are exempt from solicitation requirements. In August 2019,the County Administrator approved and the Purchasing Services Manager executed Contract #77-234-1,in an amount not to exceed $120,000,for the provision of pain management services to CCHP members and County recipients for the period August 1, 2021 through July 31, 2024. Approval of Contract #77-234-2 will allow the Contractor to continue to provide pain management services to CCHP members and County recipients through July 31, 2027. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved certain medical specialized pain management services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided and may cause a delay in services to CCHP members. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2406 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Craneware, Inc., to increase the payment limit by $420,000 to an amount not to exceed $696,435 and to extend the term through August 14, 2029 for additional software licensing, maintenance and support services. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Amendment/Extension #23-690-1 with Craneware, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract Amendment/Extension Agreement #23-690-1 with Craneware,Inc.,a corporation,effective August 6, 2024,to amend Contract #23-690,to increase the payment limit by $420,000,from $276,435 to a new payment limit of $696,435,and to extend the termination date from August 15,2024 to August 14,2029 for additional software licensing, maintenance and support services for Contra Costa Health (CCH). FISCAL IMPACT: Approval of this Amendment will result in additional expenditures of up to $420,000 and will be funded as budgeted by the department in FYs 2024-29, by 100% Enterprise Fund I. (Rate increase). BACKGROUND: The Craneware Chargemaster Reference Toolkit software license and support provides CCH Patient Accounting with up-to-date clinical,financial,and regulatory coding data,charge capture,and automated revenue integrity for patient care services and supplies.It optimizes reimbursement,increases operational efficiencies,and minimizes compliance risk for CCH.Craneware Chargemaster,also known as the Charge Description Master (CDM),is a comprehensive list of all billable services,procedures,items,and fees provided by a hospital.CDM is used to generate patient bills and to submit claims to insurance companies for reimbursement.The Craneware Chargemaster Toolkit is integrated with Epic (CCH’s electronic medical record system)to perform essential functions such as billing,revenue management,compliance,and cost analysis. This contractor was approved by the Public Works Department’s Purchasing Division on June 4,2024.A summary of service contract deliverables,including measurable outcomes required of the vendor to be monitored by the department in compliance with Section III(B)(7)of the Purchasing Policy are CCH’s use of the software and services.This contract was approved by Health Services Personnel to ensure there is no CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2406,Version:1 the software and services.This contract was approved by Health Services Personnel to ensure there is no conflict with labor relations. On July 14,2020,the Board of Supervisors approved Contract #23-690 with Craneware Inc.,in an amount not to exceed $276,435,for the provision of software licensing,maintenance and support services,for the period from August 15, 2019, through August 14, 2024. Approval of Contract Amendment Agreement #23-690-1 will allow the renaming of Chargemaster Toolkit application to Trisus Chargemaster,Online Reference Toolkit application to,Trisus Reference,and licensing for Craneware’s CPT Assistant application through August 14, 2029. CONSEQUENCE OF NEGATIVE ACTION: If this Amendment is not approved,the software licensing and support that directly affect regulatory compliance,reduce reimbursement and coding accuracy for CCH Patient Accounting will not be renewed, which could cause a negative effect on compliance, and revenue collection. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2407 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with La Clinica De La Raza, Inc., in an amount not to exceed $800,000 to provide Medi-Cal specialty mental health services to minority children and their families in East Contra Costa County for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #74-452-17 with La Clinica De La Raza, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract #74-452-17 with La Clinica De La Raza,Inc.,a non-profit corporation,in an amount not to exceed $800,000,to provide Medi-Cal specialty mental health services for Seriously Emotionally Disturbed (SED) minority children and their families in East Contra Costa County for the period from July 1,2024 through June 30, 2025. FISCAL IMPACT: Approval of this Contract will result in annual budgeted expenditures of up to $800,000 for FY 2024-25 and will be funded 100% by Federal Medi-Cal revenues. BACKGROUND: Behavioral Health Services Division (BHSD)/Mental Health has an obligation to provide certain Medi-Cal specialty mental health services,for its members under the terms of their Individual and Group Health Plan membership contracts with the County.This Contract meets the social needs of County’s population by providing community-based mental health services focusing on SED children,adolescents and their families which will result in positive social and emotional development at home,in the community and greater school success.This Contractor has been providing these mental health services while fostering a deep understanding of the BHSD organizations mission, values, and long-term objectives since October 2012. This Contract is entered into under and subject to the following legal authorities:Welfare and Institution Code, §5600 et seq.(The Bronzan McCorquodale Act);California Code of Regulations (“CCR”),Title 9,§523 et seq. (Community Mental Health Services)and California Government Code §§26227 and 31000.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor currently cooperates and participates in BHSD’s Quality Management Program which consists of quality improvement activities to CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2407,Version:1 and participates in BHSD’s Quality Management Program which consists of quality improvement activities to improve the quality of care,services and member experience.Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs.Per Administrative Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains a current qualified list of vendors at all times. On June 27,2023,the Board of Supervisors approved Contract #74-452-15 with La Clinica De La Raza,Inc., in an amount not to exceed $1,234,262,for the provision of Medi-Cal specialty mental health services for SED children and their families in East Contra Costa County,for the period from July 1,2023 through June 30, 2024. On April 9,2024,the Board of Supervisors approved Amendment Agreement #74-452-16 with La Clinica De La Raza,Inc.,effective April 1,2024,for additional cost survey and attestation services required for California Advancing and Innovating Medi-Cal (CAL-AIM)implementation and to decrease the payment limit by $434,262 to a new payment limit of $800,000, with no changes in the term. Approval of Contract #74-452-17 will allow the Contractor to continue to provide Medi-Cal specialty mental health services for SED children and families through June 30,2025.This Contract delay was due to negotiations between the Division and Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,there will be fewer Medi-Cal specialty mental health services available for SED children in East Contra Costa County as the County solicits and engages an alternative contractor. CHILDREN’S IMPACT STATEMENT: This Early and Periodic Screening,Diagnostic,and Treatment (EPSDT)program supports the following Board of Supervisors’community outcomes:“Children Ready For and Succeeding in School”;“Families that are Safe, Stable,and Nurturing”;and “Communities that are Safe and Provide a High Quality of Life for Children and Families”.Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2408 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Aspiranet, in an amount not to exceed $700,495 to provide Medi-Cal specialty mental health services including therapeutic behavioral services for children and young adults in East and West Contra Costa County for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #74-402-21 with Aspiranet ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract #74-402-21 with Aspiranet,a non-profit corporation,in an amount not to exceed $700,495,to provide Medi-Cal specialty mental health services including Therapeutic Behavioral Services (TBS)for Seriously Emotionally Disturbed (SED)children and young adults up to twenty-one (21)years of age with high-risk behavior in East and West Contra Costa County for the period July 1, 2024 through June 30, 2025. FISCAL IMPACT: Approval of this Contract will result in annual budgeted expenditures of up to $700,495 for FY 2024-25 and will be funded 100% by Federal Medi-Cal revenues. BACKGROUND: Behavioral Health Services Division (BHSD)/Mental Health has an obligation to provide certain Medi-Cal specialty mental health services,for its members under the terms of their Individual and Group Health Plan membership contracts with the County.This Contract meets the social needs of County’s population by providing community-based mental health services focusing on high-risk behavior SED children,adolescents and their families which will result in positive social and emotional development at home,in the community and greater school success.This Contractor has been providing these mental health services while fostering a deep understanding of the BHSD organizations mission, values, and long-term objectives since July 2010. This Contract is entered into under and subject to the following legal authorities:Welfare and Institution Code, §5600 et seq.(The Bronzan McCorquodale Act);California Code of Regulations (“CCR”),Title 9,§523 et seq. (Community Mental Health Services)and California Government Code §§26227 and 31000.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor currently cooperates and participates in BHSD’s Quality Management Program which consists of quality improvement activities to CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2408,Version:1 and participates in BHSD’s Quality Management Program which consists of quality improvement activities to improve the quality of care,services and member experience.Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs.Per Administrative Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains a current qualified list of vendors at all times. On June 27,2023,the Board of Supervisors approved Contract #74-402-20 with Aspiranet,in an amount not to exceed $700,495,for the provision of Medi-Cal Specialty mental health services including TBS for SED children and young adults up to twenty-one (21)years of age with high-risk behavior who were placed in homes in Stanislaus County and clients residing in facilities in Contra Costa County,for the period July 1,2023 through June 30, 2024. Approval of Contract #74-402-21 will allow the Contractor to continue to provide Medi-Cal Specialty mental health services including TBS for SED children and young adults through June 30,2025.This Contract is late due to Federal and State delay in defining rates. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,there will be fewer Medi-Cal Specialty mental health services available for SED children in East and West Contra Costa County as the County solicits and engages an alternative contractor. CHILDREN’S IMPACT STATEMENT: This Early and Periodic Screening,Diagnostic,and Treatment (EPSDT)program supports the following Board of Supervisors’community outcomes:“Children Ready For and Succeeding in School”;“Families that are Safe, Stable,and Nurturing”;and “Communities that are Safe and Provide a High Quality of Life for Children and Families”.Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2409 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Mountain Valley Child and Family Services, Inc., in an amount not to exceed $3,329,450 to provide Medi-Cal specialty mental health services including early and periodic screening, diagnostic, and treatment and therapeutic behavioral services for minority children and their families for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #24-773-39 with Mountain Valley Child and Family Services, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract #24-773-39 with Mountain Valley Child and Family Services,Inc.,a non-profit corporation,in an amount not to exceed $3,329,450,to provide Medi-Cal specialty mental health services including Early and Periodic Screening,Diagnostic,and Treatment (EPSDT)Services and Therapeutic Behavioral Services (TBS) for Seriously Emotionally Disturbed (SED)children and their families in Contra Costa County for the period from July 1, 2024 through June 30, 2025. FISCAL IMPACT: Approval of this Contract will result in annual budgeted expenditures of up to $3,329,450 for FY 2024-25 and will be funded 100% by Federal Medi-Cal revenues. BACKGROUND: Behavioral Health Services Division (BHSD)/Mental Health has an obligation to provide certain Medi-Cal specialty mental health services,for its members under the terms of their Individual and Group Health Plan membership contracts with the County.This Contract meets the social needs of County’s population by providing community-based mental health services focusing on SED children,adolescents and their families which will result in positive social and emotional development at home,in the community and greater school success.This Contractor has been providing these mental health services while fostering a deep understanding of the BHSD organizations mission, values, and long-term objectives since July 1994. This Contract is entered into under and subject to the following legal authorities:Welfare and Institution Code, §5600 et seq.(The Bronzan McCorquodale Act);California Code of Regulations (“CCR”),Title 9,§523 et seq. (Community Mental Health Services)and California Government Code §§26227 and 31000.Health Services CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2409,Version:1 (Community Mental Health Services)and California Government Code §§26227 and 31000.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor currently cooperates and participates in BHSD’s Quality Management Program which consists of quality improvement activities to improve the quality of care,services and member experience.Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs.Per Administrative Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains a current qualified list of vendors at all times. On June 27,2023,the Board of Supervisors approved Contract #24-773-37 with Mountain Valley Child and Family Services,Inc.,in an amount not to exceed $4,765,041,for the provision of Medi-Cal specialty mental health services including EPSDT and TBS services for SED children and their families in Contra Costa County, for the period from July 1, 2023 through June 30, 2024. On September 12,2023,the Board of Supervisors approved Amendment Agreement #24-773-38 with Mountain Valley Child and Family Services,Inc.,effective September 1,2023,to decrease the payment limit by $2,813,362 to a new payment limit of $1,951,679,to accurately reflect the volume of comprehensive mental health services provided with no changes in the term. Approval of Contract #24-773-39 will allow the Contractor to continue to provide Medi-Cal specialty mental health services including EPSDT and TBS for SED children and families through June 30,2025.This Contract is late due to Federal and State delay in defining rates. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,there will be fewer Medi-Cal specialty mental health services available for SED children in Contra Costa County as the County solicits and engages an alternative contractor. CHILDREN’S IMPACT STATEMENT: This Early and Periodic Screening,Diagnostic,and Treatment (EPSDT)program supports the following Board of Supervisors’community outcomes:“Children Ready For and Succeeding in School”;“Families that are Safe, Stable,and Nurturing”;and “Communities that are Safe and Provide a High Quality of Life for Children and Families”.Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2410 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with YWCA of Contra Costa/Sacramento, in an amount not to exceed $2,794,151 to provide Medi-Cal specialty mental health services for children and young adults who have been adopted, are currently being adopted or are in the foster care system in East and West Contra Costa County for the period July 1, 2024 through June 30, 2025. (100% Federal Medi-Cal) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #74-543-12 with YWCA of Contra Costa/Sacramento ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract #74-543-12 with YWCA of Contra Costa/Sacramento,a non-profit corporation,in an amount not to exceed $2,794,151,to provide Medi-Cal specialty mental health services for Seriously Emotionally Disturbed (SED)children,young adults up to twenty-one (21)years of age and their families who have been adopted,are currently being adopted or are in the foster care system in East and West Contra Costa County for the period July 1, 2024 through June 30, 2025. FISCAL IMPACT: Approval of this Contract will result in annual budgeted expenditures of up to $2,794,151 for FY 2024-25 and will be funded 100% by Federal Medi-Cal revenues. BACKGROUND: Behavioral Health Services Division (BHSD)/Mental Health has an obligation to provide certain Medi-Cal specialty mental health services,for its members under the terms of their Individual and Group Health Plan membership contracts with the County.This Contract meets the social needs of County’s population by providing community-based mental health services focusing on SED children,adolescents and their families which will result in positive social and emotional development at home,in the community and greater school success.This Contractor has been providing these mental health services while fostering a deep understanding of the BHSD organizations mission, values, and long-term objectives since April 2017. This Contract is entered into under and subject to the following legal authorities:Welfare and Institution Code, §5600 et seq.(The Bronzan McCorquodale Act);California Code of Regulations (“CCR”),Title 9,§523 et seq. (Community Mental Health Services)and California Government Code §§26227 and 31000.Health Services CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2410,Version:1 (Community Mental Health Services)and California Government Code §§26227 and 31000.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor currently cooperates and participates in BHSD’s Quality Management Program which consists of quality improvement activities to improve the quality of care,services and member experience.Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs.Per Administrative Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains a current qualified list of vendors at all times. On June 27,2023,the Board of Supervisors approved Contract #74-543-11 with YWCA of Contra Costa/Sacramento,in an amount not to exceed $1,171,823,for the provision of Medi-Cal Specialty mental health services for SED children,young adults up to twenty-one (21)years of age and their families in East, West and Central Contra Costa County, for the period July 1, 2023 through June 30, 2024. Approval of Contract #74-543-12 will allow the Contractor to continue to provide Medi-Cal Specialty mental health services for SED children and young adults and their families through June 30,2025.This Contract is late due to Federal and State delay in defining rates. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,there will be fewer Medi-Cal Specialty mental health services available for SED children in East and West Contra Costa County as the County solicits and engages an alternative contractor. CHILDREN’S IMPACT STATEMENT: This program supports the following Board of Supervisors’community outcomes:“Children Ready For and Succeeding in School”;“Families that are Safe,Stable,and Nurturing”;and “Communities that are Safe and Provide a High Quality of Life for Children and Families”.Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2411 Name: Status:Type:Consent Item Passed File created:In control:7/15/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Department, a purchase order amendment with Clear Labs, Inc., to extend the term through July 31, 2026 to continue purchasing testing reagents and kits for SARS-CoV-2 and other pandemic virus whole genome sequencing, with no change in the payment limit. (100% Federal Grant) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Amendment to Purchase Order with Clear Labs, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, an amendment to purchase order #23886 with Clear Labs, Inc., to extend the term of September 1, 2021 through July 31, 2024 to September 1, 2021 through July 31, 2026, with no change to the payment limit of $2,000,000 to purchase testing reagents and kits for SARS-CoV-2 and other pandemic virus whole genome sequencing for the Contra Costa County Public Health Laboratory. FISCAL IMPACT: Approval of this action will result in expenditures of up to $2,000,000 over the five-year period and will be funded by the Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity (ELC) awarded grant, COVID-19 ELC Enhancing Detection Expansion (Strategy 2: Strengthen Laboratory Testing). BACKGROUND: Whole genome sequencing of the SARS-CoV-2 virus in patient specimens permits determination of circulating variants within Contra Costa County. Identifying variants allows Contra Costa Health to evaluate whether certain variants are associated with increased transmission or particular patient morbidity outcomes. On September 20, 2022, the Board of Supervisors approved item C.50 to execute an amendment to purchase order #23886 with Clear Labs, Inc. to extend the term through July 31, 2024 to continue purchasing testing reagents and kits for SARS-CoV-2 and other pandemic virus whole genome sequence, with no change to the payment limit. This vendor is the sole provider of this range of product, and on July 16, 2024, the Purchasing Agent approved CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2411,Version:1 the continued use of Clear Labs, Inc. Delayed notification of the purchase order expiration caused delays in submitting this request. This update is necessary in order to provide continued utilization of COVID-19 ELC Enhancing Detection Expansion funding for COVID-19 variant surveillance in Contra Costa County. Moving forward laboratory administrative staff and management will review agreement dates more closely and reach out to vendors several months prior to ensure enough time is allotted for requests in the future. This action will extend the term of the existing purchase order with Clear Labs, Inc. through July 31, 2026 to purchase next generation sequencing laboratory supplies (collection kits, reagents, plastic consumables) for the Contra Costa County Public Health Laboratory. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Public Health Laboratory will not be able to maintain continuous and uninterrupted ordering of much needed laboratory supplies for genome sequencing. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2412 Name: Status:Type:Consent Item Passed File created:In control:7/22/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Department, a purchase order with Cardinal Health Pharmacy Services, LLC in an amount not to exceed $37,000,000 to procure pharmaceuticals and related supplies for Contra Costa Regional Medical Center, Contra Costa Health Centers, Martinez Detention Facility and Contra Costa Health Plan for the period from September 1, 2024 through August 31, 2025. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Order with Cardinal Health Pharmacy Services, LLC ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Department, a purchase order with Cardinal Health Pharmacy Services, LLC in an amount not to exceed $37,000,000 to procure pharmaceuticals and related supplies for Contra Costa Regional Medical Center (CCRMC), Contra Costa Health Centers, Martinez Detention Facility and Contra Costa Health Plan for the period from September 1, 2024 through August 31, 2025. FISCAL IMPACT: Approval of this action will result in expenditures of up to $37,000,000 and will be funded by Hospital Enterprise Fund I revenues. BACKGROUND: On August 1, 2023, the Board of Supervisors approved item C.59 to execute purchase order #28641 with Cardinal Health in the amount of $33,000,000 to procure pharmaceuticals and related supplies for CCRMC, Contra Costa Health Centers, Martinez Detention Facility, and Contra Costa Health Plan for the period of September 1, 2023 through August 31, 2024. CCRMC has had a working relationship with Cardinal Health for 40 plus years. On July 17, 2024 the Purchasing Agent approved the continued use of Cardinal Health Pharmacy Services, LLC. Cardinal Health provides three different purchasing contracts: Wholesaler Acquisition Cost (WAC- CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2412,Version:1 2052004299), Group Purchasing Organization for the hospital (GPO-2057200827) as well as the Public Health System contract for 340B (federal-ceiling pricing for disproportionate share facilities) for ambulatory care. Furthermore, Contra Costa Health Plan uses Cardinal Health as their medication provider for their patients through the 340B plan contract pharmacies (i.e., Walgreens). Maintaining this vendor as our wholesaler maximizes cost savings for CCRMC and Health Clinics. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the hospital pharmacy, as well as all ambulatory care pharmacies within CCRMC will not be able to receive drugs from our wholesaler and the result would be a much higher cost of pharmaceuticals. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2413 Name: Status:Type:Consent Item Passed File created:In control:7/19/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Qiagen, LLC in an amount of $800,000, and Master Purchasing Agreement, for the purchase of medical supplies including QuantiFERON -Tuberculosis and AmniSure products for the clinical laboratory at the Contra Costa Regional Medical Center, for the period from June 1, 2024, through May 31, 2027. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Order with Qiagen, LLC ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute on behalf of the Health Services Director,a purchase order with Qiagen,LLC in an amount not to exceed $800,000,and Master Purchasing Agreement,for the purchase of medical supplies including QuantiFERON -Tuberculosis (TB)and AmniSure products for the clinical laboratory at the Contra Costa Regional Medical Center (CCRMC),for the period from June 1, 2024 through May 31, 2027. FISCAL IMPACT: Approval of this action will result in expenditures of up to $800,000 over a three-year period and will be funded by Hospital Enterprise Fund I revenues. BACKGROUND: The CCRMC Clinical Laboratory Department (laboratory) has utilized Qiagen, LLC for reagents and supplies for QuantiFERON Tuberculosis (TB) and AmniSure testing. TB testing is conducted with the Liaison XL Analyzer in the laboratory and reagents are only supplied by two vendors: Qiagen and the manufacturer of the analyzer. Utilizing products from any other vendor will void the warranty of the analyzer, which would negatively impact patient care should the analyzer need service. The AmniSure testing kits, supplied by Qiagen, detect the rupture of fetal membranes. These test kits allow for rapid, non-instrumented, qualitative immunochromatographic tests for the in-vitro detection of amniotic fluid in pregnant women. The timely identification and diagnosis of both fetal membrane ruptures and Tuberculosis is imperative and can significantly impact patient care and safety. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2413,Version:1 On April 18, 2023 the Board of Supervisors approved item C.63 to execute an amendment to purchase order #24587 with Qiagen, LLC to increase to a new payment limit of $790,000 to procure medical supplies including QuantiFERON products as needed for the Clinical Laboratory at Contra Costa Regional Medical Center (CCRMC), and extend the term through December 31, 2023. On July 9, 2024 the Board of Supervisors approved item C.25 to authorize payment in the amount of $234,887 to Qiagen, LLC for QuantiFERON tubes during the period from January 1, 2024, through April 30, 2024. On July 30, 2024 the Purchasing Agent approved the continued use of Qiagen, LLC. Due to delays with the vendor processing the renewal request, the agreement was not completed until June 2024 and the agreement start date was pushed one month, from May 1 to June 1, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, then the CCRMC Clinical Laboratory Department will not have access to this contractor’s specific patient testing supplies and reagents, thus impacting patient safety and health. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2414 Name: Status:Type:Consent Item Passed File created:In control:7/16/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title: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 July 15, 2024 meeting, and by the Health Services Director; and APPROVE the Physician Assistant Practice Agreement form authorizing physician assistants to perform medical services at Contra Costa Regional Medical Center. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Medical Staff Appointments and Reappointments - July 3, 2024 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 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 July 15, 2024 meeting, and by the Health Services Director; and APPROVE the Physician Assistant Practice Agreement form. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of Supervisors approval for each Medical Staff member be placed in his or her Credentials File. The above recommendations for appointment/reappointment were reviewed by the Credentials Committee and recommended by the Medical Executive Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and not be in compliance with The Joint Commission on Accreditation of Healthcare Organizations. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2425 Name: Status:Type:Consent Item Passed File created:In control:7/11/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Budget Amendment No. BDA-24-00273 authorizing the transfer of appropriations in the amount of $192,676 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 5 vehicles for client transportation and support in the County Adult Mental Health Full Service Partnership Program. (100% Mental Health Services Act) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Five Vehicles for Adult Mental Health Full Service Partnership Program ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Budget Amendment No. BDA-24-00273 authorizing the transfer of appropriations in the amount of $192,676 from Health Services - Behavioral Health Admin (0467) to Public Works - ISF Fleet Services (0064) for the purchase of five (5) vehicles for client transportation and support in the County Adult Mental Health (MH) Full Service Partnership (FSP) Program. FISCAL IMPACT: This action increases appropriations in Public Works - ISF Fleet Services (0064) and reduces appropriations in Health Services - Behavioral Health Admin (0467) by $192,676. The purchase of these vehicles will be funded by Mental Health Services Act (MHSA) FY24/25 Plan Update. BACKGROUND: The current FSP provider, TURN, currently leases 3 vehicles and owns 2 additional vehicles, to provide services in the field, for home visits, medical and mental health appointments, etc. This is the number of vehicles that were needed and will continue to be needed, to provide necessary services, once the program moves to the County. These vehicles are also needed to transport clients, who are unhoused and without transportation, who would not be able to access needed mental health and other services at the FSP program and with other providers. We seek to purchase 5 vehicles (1 van and 4 cars) as none of the vehicles currently used by the FSP program, will be available to keep. FSP programs provide most of their outreach and engagement activities in the field. Behavioral Health staff cannot transport clients in their own vehicles, so having an adequate number of vehicles to serve these clients is crucial to the demands of the program. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2425,Version:1 If this action is not approved, the Department will not be able to provide adequate field-based services or transportation support for clients with serious mental illnesses to attend treatment appointments. The County would also incur higher expenses in continuing to lease the current vehicles rather than purchasing the vehicles. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2426 Name: Status:Type:Consent Item Passed File created:In control:7/11/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Budget Amendment No. BDA-24-00274 authorizing the transfer of appropriations in the amount of $192,676 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 5 vehicles for client transportation and support in the Housing Support Services Department. (100% Mental Health Services Act) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Five Vehicles for the Housing Support Services Department ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Budget Amendment No. BDA-24-00274 authorizing the transfer of appropriations in the amount of $192,676 from Health Services - Behavioral Health Admin (0467) to Public Works - ISF Fleet Services (0064) for the purchase of five (5) vehicles for client transportation and support in the Housing Support Services Department. FISCAL IMPACT: This action increases appropriations in Public Works - Fleet Services (0064) and reduces appropriations in Behavioral Health Admin (0467) by $192,676. The purchase of these vehicles will be funded by Mental Health Services Act (MHSA) FY24/25 Plan Update. BACKGROUND: The Housing Support Services Department has increased in staff and county cars are needed to provide services in the field. The role of the staff is to support clients in maintaining their housing by providing clients with support with problem solving, managing crisis, advocating for client's needs, connecting them to services in the community, financial coaching and management. All services in housing are either provided in the client’s home or in the community. The lack of county cars for staff use has impeded our ability to hire staff without personal vehicles and therefore positions have gone unfilled. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Department will not be able to support clients in maintaining their housing by providing clients support with problem solving, managing crisis, advocating for client's needs, connecting them to services in the community, financial coaching, and management. The County would also incur higher CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2426,Version:1 expenses in continuing to lease the current vehicles rather than purchasing vehicles. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2427 Name: Status:Type:Consent Item Passed File created:In control:7/11/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Budget Amendment No. BDA-24-00276 authorizing the transfer of appropriations in the amount of $155,759 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 4 vehicles for client transportation and support in the Assisted Outpatient Treatment Program. (100% Mental Health Services Act) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Four Vehicles for the Assisted Outpatient Treatment Program ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Budget Amendment No. BDA-24-00276 authorizing the transfer of appropriations in the amount of $155,759 from Health Services - Behavioral Health Admin (0467) to Public Works - ISF Fleet Services (0064) for the purchase of four (4) vehicles for client transportation and support in the Assisted Outpatient Treatment (AOT) Program. FISCAL IMPACT: This action increases appropriations in Public Works - Fleet Services (0064) and reduces appropriations in Behavioral Health Admin (0467) by $155,759. The purchase of these vehicles will be funded by Mental Health Services Act (MHSA) FY24/25 Plan Update. BACKGROUND: Assisted Outpatient Treatment (AOT) is an intensive outpatient service program connected to Civil Court. The goal of AOT is to provide a high level of services to keep individuals in the community and prevent hospitalizations and/or incarceration. The AOT team initially provides evaluations to determine if someone meets the legal criteria for the program and linkage to other services for those who do not meet the criteria. The evaluation phase includes meeting the person in his/her residence or in the community as needed. It also includes meeting with family/support members in the community. The program focus is to outreach and provide services to individuals in the community and support them to engage in the intensive outpatient services provided by the team. Many AOT participants initially are unable to organize themselves to make it to clinic appointments, so the services are brought to them. Some AOT participants are required to attend court hearings regularly and as this can be stressful for them, staff provides support before, during and post court hearings by accompanying them to the courthouse and back to their residence after the court hearing. The team CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2427,Version:1 provides most of the services, including medication management by the Nurse Practitioner (NP), in the community and supports individuals to get engaged in community programs/activities for long term support. The minivan will be used to provide recreational activities on the weekends to help with the development of social and relational skills. The AOT program recently transferred from being contracted with TURN to being a county program. The vehicles for the program were not transferred and AOT is currently utilizing 4 rental vehicles. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the AOT team will not be able to provide community services which would greatly reduce the ability to have client contact and potentially increase the number of hospitalizations/incarcerations. In addition, the County would incur higher expenses in continuing to rent vehicles. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2428 Name: Status:Type:Consent Item Passed File created:In control:7/12/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title: APPROVE Budget Amendment No. BDA-24-00277 authorizing the transfer of appropriations in the amount of $110,752 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 3 vehicles for client transportation and support in the Enhanced Care Management Department. (100% Enhanced Care Management) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Three Vehicles for Enhanced Care Management ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Budget Amendment No. BDA-24-00277 authorizing the transfer of appropriations in the amount of $110,752 from Health Services - Behavioral Health Admin (0467) to Public Works - ISF Fleet Services (0064) for the purchase of three (3) vehicles for client transportation and support in the Enhanced Care Management (ECM) Department. FISCAL IMPACT: This action increases appropriations in Public Works - ISF Fleet Services (0064) and reduces appropriations in Health Services - Behavioral Health Admin (0467) by $110,752. The purchase of these vehicles will be funded by Enhanced Care Management funds. BACKGROUND: The Enhanced Care Management Department has increased in staff and county cars are needed to provide services in the field. The role of the staff is to support clients with highly complex needs by providing clients with their own care team, including a Lead Care Manager. ECM staff partners with a client’s doctors, specialists, pharmacists, case managers, social services providers and others to make sure everyone works together to provide client support. A Lead Care Manager can also help find and apply for other services in the community offering problem solving, managing crisis, advocating for client's needs, connecting them to services in the community, financial coaching and management. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Department will not be able to maintain client support with problem solving, managing crisis, advocating for client's needs, connecting them to services in the community, financial CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2428,Version:1 coaching, and management. The County would also incur higher expenses in continuing to lease the current vehicles compared to purchasing vehicles. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2429 Name: Status:Type:Consent Item Passed File created:In control:7/12/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Budget Amendment No. BDA-24-00278 authorizing the transfer of appropriations in the amount of $90,015 from Health Services – Behavioral Health Administration (0467) to Public Works – ISF Fleet Services (0064) for the purchase of 2 vehicles for client transportation and support the Adult Behavioral Health Transition Team Program. (100% Mental Health Realignment) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Two Vehicles for the Adult Behavioral Health Transition Team Program ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Budget Amendment No. BDA-24-00278 authorizing the transfer of appropriations in the amount of $90,015 from Health Services - Behavioral Health Admin (0467) to Public Works - ISF Fleet Services (0064) for the purchase of two (2) vehicles for client transportation and support in the Adult Behavioral Health Transition Team Programs. FISCAL IMPACT: This action increases appropriations in Public Works - ISF Fleet Services (0064) and reduces appropriations in Health Services - Behavioral Health Admin (0467) by $90,015. The purchase of these vehicles will be funded by Mental Health Realignment funds. BACKGROUND: The Adult Behavioral Health Transition Team, has added two new programs, The Library Initiative and the Street Medicine Team, to service identified mental health needs in the community. The library initiative will have two staff responsible for providing mental health services and referrals to the unhoused community members who spend much of their day in the county libraries. A vehicle is needed to transport staff to the regional libraries as well as to transport these consumers to needed services. The Street Medicine Team will have a team of four staff, a Nurse Practitioner (NP), a Mental Health Clinical Specialist (MHCS), a Community Support Worker (CSW) and an Alcohol and Other Drugs (AOD) counselor. This team will need a van to provide services to unhoused clients in the community. They will be serving the unhoused population in all regions of the county and will be transporting necessary supplies to meet the needs CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2429,Version:1 of this population. Without a van, they will be unable to provide these services. CONSEQUENCE OF NEGATIVE ACTION: If a vehicle is not available Behavioral Health Services will not be meeting the requirements of the funding sources. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2415 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:RECEIVE a presentation from Health Services Director and CEO, Anna Roth, and additional department staff, to provide an overview of Contra Costa Health workforce development initiatives that engage and employ people with lived experience. (Anna Roth, Health Services Director) Attachments:1. CCH Workforce Development Presentation Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Presentation of Contra Costa Health Workforce Development Initiatives ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RECEIVE a presentation from Health Services Director and CEO, Anna Roth, and additional department staff, to provide an overview of Contra Costa Health (CCH) workforce development initiatives that engage and employ people with lived experience. Current interns who work in various CCH placements to gain professional mentorship, skills, and experience will also be acknowledged. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: CCH has a longstanding history of promoting lived experience as a health equity strategy. Lived experience workforce development initiatives focus on recruiting, training, and providing valuable work experience to those directly affected by the health issues and the efforts to address them. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 1 powered by Legistar™ C.60 cchealth.org Workforce Initiatives August 6, 2024 cchealth.org What is Lived Experience? Engaging people with lived experience is essential to advancing equity. 2 cchealth.org SPIRIT •Service Provider Individualized Recovery Intensive Training (SPIRIT) trains and places behavioral health peer and family providers •Certificate program taught by staff with lived experience, plus 60 hours in an internship •For people with behavioral health lived experience and those who support them •Targeted outreach to communities of color to ensure diverse, equitable pool of applicants •SPIRIT certificate helps qualify for Mental Health Community Support Worker I position •CCH employs 100+ CSWs •27 2023 SPIRIT graduates have found behavioral health jobs, so far 20 from 2024 as well 3 cchealth.org SPIRIT Class 2023 4 cchealth.org CORE •Coordinated Outreach Referral, Engagement (CORE) •Street outreach for CCH’s Health, Housing & Homeless Services (H3) •Entry point for receiving services for residents experiencing homelessness •Connect and refer people experiencing homelessness to healthcare and basic needs •Shelters, daytime drop-in care centers •Healthcare, mental health counseling, substance use treatment •Transportation and food •Job training 5 cchealth.org Promotoras •Culturally and linguistically appropriate health navigation to break down barriers to access •For all patients, especially Spanish-speaking community members •Empower community members to take charge of their health •Advocates and serves as liaison between community, health professionals, CBOs •Did you know? •An Oncology Health Navigator position at Martinez Health Center assists patients at receiving treatment for cancer to navigate the healthcare system 6 cchealth.org African-American Health Conductors •Addresses health disparities and health inequities among African American residents •A trusted pathway for African Americans to engage with healthcare •Assistance with healthcare system navigation and connecting to public benefits •Emphasis on health access and using health coverage to prevent late care •Community health education and information campaigns •Did you know? •Established Re-entry Health Conductors in 2011 address health and social disparities facing formerly incarcerated residents •Transitions Clinic provides support, safety, community reconnections and medical treatment 7 cchealth.org Health Ambassadors •Community outreach and health education •Hiring from communities we serve •Training people with lived experience to become trusted messengers •Preparing for community health careers •Of 25 previous participants •13 stayed in health or human service careers •3 continued education in health •CCH hired 1 as an employee & 3 as contractors 8 cchealth.org Health Ambassadors Specialty Health Ambassadors •11 with lived experience with intellectual or developmental disabilities providing education and outreach to their community Workforce Health Ambassadors •10 providing outreach and community engagement •Funded by Employment and Human Services 9 cchealth.org Health Career Pathways •Public health classroom curriculum for high school students •Comes with mentorship, internships, college/career support •Prioritizes students of color from communities impacted by health inequities for internships •80% identified as Black, Indigenous or People of Color in 2023 •53% reported household income of $79,000 or less in 2023 •~70% summer 2024 interns live in East County 10 cchealth.org "Internships like this can inspire the younger generation and provide insight they might not receive within the confines of their school.I wish a program like this existed when I was younger.It would have given me better perspective about ways my future had the potential to go." -Julia Surges, MPH Contra Costa Regional Medical Center, 2024 HCP Mentor Contra Costa Behavioral Health, 2024 HCP Mentor Health Career Pathways 11 cchealth.org Thank you! 12 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2315 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:Acting as the governing body for the Housing Authority of the County of Contra Costa, AUTHORIZE the Executive Director, or designee, to consent to an actual conflict of interest arising from Goldfarb & Lipman LLP’s proposed joint representation of the Housing Authority and another party in connection with the conversion of the Las Deltas Public Housing Scattered Sites Project into affordable homeownership units. (No fiscal impact) Attachments:1. Conflict and Joint Rep Letter CHDC and Housing Authority of Contra Costa County (Las Deltas Public Housing Scattered Sites Project)(3790080.5).pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Executive Director Report Title:APPROVAL OF REQUEST FOR ATTORNEY CONFLICT WAIVER UNDER CERTAIN CIRCUMSTANCES ☐Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing body for the Housing Authority of the County of Contra Costa AUTHORIZE the Executive Director, or his designee, to consent to an actual conflict of interest that arises due to an existing and continued relationship that a law firm has with the Housing Authority and another party, and a proposed joint representation of both parties in connection with the conversion of the Las Deltas Public Housing Scattered Sites project into affordable homeownership units. BACKGROUND: Affordable housing is a specialized area of law practiced by a limited number of attorneys. The local affordable housing development community is also small. As a result, participants in local affordable housing projects tend to know one another and to work together in varying capacities over time. For that reason, it is not uncommon for the firm representing the Housing Authority of the County of Contra Costa (Housing Authority) on a particular affordable housing project to have an existing or prior relationship with the non- profit developer working on a project or the city in which the project is situated. When that happens, there is the potential for a conflict of interest and, in accordance with the rules of professional conduct established by the State Bar of California, the firm must obtain the informed written consent of the Housing Authority and the current or former client before it can represent both parties. When evaluating a request from outside counsel that the Housing Authority waive actual conflicts of interest in the circumstances described above, a number of factors are considered. Of primary importance is the nature of the transaction and the potential risk associated with the law firm’s relationship with the other party. Because CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.61 File #:24-2315,Version:1 all the parties in an affordable housing transaction have the same ultimate goal - making affordable housing available in a responsible manner - affordable housing transactions tend to be less adversarial and more cooperative than many other transactions. For that reason and given the limited number of legal resources available to the Housing Authority in this specialized field, and the fact that outside counsel’s work is reviewed by attorneys in the County Counsel’s Office, waiver of an actual conflict does not create risk for the Housing Authority. Goldfarb & Lipman LLP (“Goldfarb”) has existing and continued relationships with the Housing Authority and the Community Housing Development Corporation of North Richmond (“CHDC”). Both CHDC and the Housing Authority requested Goldfarb’s assistance in connection with the purchase and sale agreements related to the conversion of the Las Deltas Public Housing Scattered Sites project into affordable homeownership units (“Project”). The Housing Authority is currently the owner of the Las Deltas Public Housing Scattered Sites, located in unincorporated County of Contra Costa (APN(S) 409-120-005, 409-110-007, 409-291-009, and 409- 282-019) ("Property"). CHDC intends to convert the Property into single family homes for first time homebuyer purchase. Although different Goldfarb attorneys represent CHDC and the Housing Authority on the Project, such representation is still considered joint representation. Attached is a letter from Goldfarb that asks the Housing Authority to acknowledge and waive the actual conflict that exists. FISCAL IMPACT: There is no financial impact. CONSEQUENCE OF NEGATIVE ACTION: If the Housing Authority does not consent to the potential conflicts that arise as a result of Goldfarb representing the Housing Authority on the Project, Goldfarb would not be able to represent the Housing Authority, or anyone else, in connection with this Project. The result would likely be increased costs for the Housing Authority and a delay in the completion of the Project. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1047\01\3790080.5 July 24, 2024 via electronic mail only Donald Gilmore Executive Director Community Housing Development Corporation of North Richmond 1535 A Fred Jackson Way Richmond, CA 94801 Joseph Villarreal Executive Director Housing Authority of the County of Contra Costa 3133 Estudillo Street Martinez, CA 94553 Re: Consents to Joint Representation – Las Deltas Public Housing Scattered Sites Project Dear Mr. Gilmore and Mr. Villarreal: We write this letter to obtain the consent of Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, or an affiliate ("CHDC") and the Housing Authority of Contra Costa County (“Housing Authority”) to Goldfarb & Lipman LLP 's ("Goldfarb & Lipman") joint representation of both CHDC and the Housing Authority (collectively, the "Parties" and each a "Party") in connection with the conversion of the Las Deltas Public Housing Scattered Sites project into affordable homeownership units (the "Project"). Both CHDC and the Housing Authority have recently requested Goldfarb & Lipman's assistance in connection with the purchase and sale agreements related to the Project. The Housing Authority is currently the owner of that certain real property, commonly known as the "Las Deltas Public Housing Scattered Sites" located in unincorporated County of Contra Costa (APN(S) 409-060-018, 409-052-001, and 409-052-003 ("Property"). CHDC intends to convert the duplexes into single family homes for first time homebuyer purchase. The specific purpose of this letter is to advise you of a potential conflict of interest of Goldfarb & Lipman due to the existing and continued relationships that Goldfarb & Lipman has separately with each of your organizations, and the proposed joint representation of both of you in the Project. Karen M. Tiedemann is the attorney working with the Housing Authority. Dianne Jackson McLean is the attorney working with CHDC. Although different Goldfarb & Lipman attorneys represent CHDC and the Housing Authority on the Project, such representation is still considered joint representation. To undertake this representation, we are required to (1) disclose in writing our existing relationship with each of you, (2) obtain the informed written consent of each of you to such conflict of interest, and (3) obtain agreement from each of you to the limited joint representation as described in this letter. We believe that we Community Housing Development Corporation of North Richmond Housing Authority of the County of Contra Costa July 24, 2024 Page 2 1047\01\3790080.5 will be able to provide competent and diligent representation to each of you in this matter. I. Existing Relationships. The Housing Authority is an existing client of Goldfarb & Lipman. We have and continue to represent the Housing Authority in connection with numerous matters, including but not limited to affordable housing activities, property disposition and refinancings of existing housing developments, and general administration matters. CHDC is also an existing client. We represent CHDC in connection with the development of affordable housing developments, including but not limited to Pullman Point, Chelsey Mutual Housing, Barrett Plaza Townhouse, Barrett Plaza Terrace Apartments, Filbert Townhouses, Scattered Sites Homeownership Housing, McDonald Avenue Supporting Housing, and Parkway Estates. II. Joint Representation. Each of you have requested Goldfarb & Lipman to represent you in the Project (the "Joint Representation"). The informed written consents of the each of you are requested because of the conflict of interest that may arise due to the Joint Representation. The interests and objectives of each of you in the Joint Representation related to the Project are, or may become, inconsistent with one another. Therefore, it is important that you thoroughly understand the consequences of the Joint Representation. In representing both of you in connection with the Joint Representation, Goldfarb & Lipman will strive to provide legal services that are equally beneficial to both of you. In other words, rather than vigorously asserting each of your respective interests regarding these issues, we will strive to reach agreements on matters that are mutually beneficially to both of you. The consequence is that there is likely to be a balancing of interests between your two organizations. At this point, we feel that we can competently and diligently represent all of your respective interests, that the representation does not involve the assertion of a claim by one of you against the other, and that we do not believe that our representation of one of you will be materially limited by our responsibilities to or relationship with the other of you. There are, however, some consequences of Joint Representation that each of you should consider, and for which you may wish to obtain the advice of independent legal counsel, before consenting to such representation. a. No Secrets. Goldfarb & Lipman cannot maintain any secrets between each of you in connection with the Joint Representation. Normally, Goldfarb & Lipman would keep Community Housing Development Corporation of North Richmond Housing Authority of the County of Contra Costa July 24, 2024 Page 3 1047\01\3790080.5 confidential all client information. However, anything disclosed by either of you to Goldfarb & Lipman that is relevant to this Joint Representation must be disclosed to the other Party. Additionally, in fulfilling our obligations to provide competent legal services, we may have to disclose to either of you any information that we have obtained from the other Party in the Project or any other matters that may be relevant or material to this Joint Representation. However, we would be required to obtain your prior informed written consent before we could make any such disclosures. At this point, we are unaware of any information that would require such disclosure and consent. b. Attorney-Client Privilege. With Joint Representation, each of you separately waive the attorney-client privilege with regard to communications with Goldfarb & Lipman in connection with the Joint Representation. This means that in the event of any dispute (including litigation) between each of you in connection with the Joint Representation, Goldfarb & Lipman could be compelled to testify about attorney-client communications regarding the Joint Representation that would otherwise be confidential and privileged without this waiver. Both of you would, however, maintain the attorney-client privilege against third parties who might make any claim or file a lawsuit against either of you in relation to the Joint Representation. c. Adverse Interest. If any actual adverse interest develops between each of you related to the Joint Representation, then we will have to determine whether we can competently continue our representation, even if both of you are willing to provide informed written consent. If the interests of CHDC and the Housing Authority become adverse, and as a consequence, we make the determination that we can no longer provide competent legal representation to both of the respective interests, we would then need to withdraw from representing both Parties in the Joint Representation. Rule 1.4 of the CRPC requires us to keep both of you promptly informed of all material matters or issues in the Joint Representation and the Project, so that we would immediately disclose to both of you when there is a change of this nature. d. Rules of Professional Conduct. As attorneys we are governed by specific rules relating to our representation of clients where we have a relationship with both Parties and therefore a conflict of interest. Rules 1.1, 1.4, 1.6, 1.7, 1.8.2., 1.9 and 1.10 of the CRPC govern conflicts of interest. Accordingly, we must obtain the informed written consent of each of you before proceeding with our Joint Representation of each of you in connection with the Project. III. Informed Written Consent You should thoroughly review and consider the matters discussed in this letter and consider seeking independent counsel before providing your consent. If, after such review, each of you consents to Goldfarb & Lipman representing each of you in the manner outlined above, please sign and return the attached consent form acknowledging (i) that you have been advised of Goldfarb & Lipman's past and continuing relationships with each of you; (ii) that you have been advised to Rules 1.1, 1.4, 1.6, 1.7, 1.8.2., 1.9 and 1.10 and the potential conflict of interest Community Housing Development Corporation of North Richmond Housing Authority of the County of Contra Costa July 24, 2024 Page 4 1047\01\3790080.5 associated with our Joint Representation of each of you in connection with the Project; (iii) the consequences of Joint Representation in relation to the Project; and (iv) that you nevertheless consent to our representation of you in connection with the Project and to our Joint Representation of each of you in connection with the Project. If you have any questions regarding this letter or our representation of each of you, please call us before signing and returning the Consent attached to this letter. Sincerely, __________________________ DIANNE JACKSON MCLEAN Attorney for Community Housing Development Corporation of North Richmond ________________________ KAREN TIEDEMANN Attorney for the Housing Authority of the County of Contra Costa 1047\01\3790080.5 CONSENT TO JOINT REPRESENTATION (Las Deltas Public Housing Scattered Sites Project) Community Housing Development Corporation of North Richmond ("CHDC") and the Housing Authority of the County of Contra Costa ("Housing Authority") intend to enter into purchase and sale agreements related to the rehabilitation or redevelopment of that certain real property, commonly known as the Las Deltas Public Housing Scattered Sites project, in unincorporated County of Contra Costa (APN(S) 409-120-005, 409-110-007, 409-291-009, and 409-282-019) (the "Project"). The Project includes, but would not be limited to, conversion of duplexes into single family homes for first time homebuyer purchase. Goldfarb & Lipman has explained to each of you: (i) Goldfarb & Lipman's past and continuing relationships with each of you; (ii) CRPC Rules 1.1, 1.4, 1.6, 1.7, 1.8.2, 1.9 and 1.10 and the potential conflict of interest in relation to Goldfarb & Lipman's proposed representation of CHDC and of the Housing Authority and the possible consequences of this conflict; (iii) the conflict of interest that Goldfarb & Lipman may have in its Joint Representation of each of you in connection with the Project; and (iv) the consequences of such Joint Representation. Each of the undersigned nevertheless consents to representation by Goldfarb & Lipman regarding the Project and gives approval to such representation as described in this letter. We understand that we have the right to seek independent counsel before signing this consent or at any future time. Dated: _______________ CHDC COMMUNITY HOUSING DEVELOPMENT CORPORATION OF NORTH RICHMOND By: ________________________________ Name: Donald Gilmore Its: Executive Director Dated: ________________ HOUSING AUTHORITY THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA By: ________________________________ Name: Joseph Villarreal, Its: Executive Director 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2389 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Director of Human Resources, or designee, to execute a contract amendment with GovernmentJobs.com, Inc., (dba NeoGov), to increase the contract payment limit by $100,000 to $955,000 for providing a vendor-hosted internet-based applicant tracking software system, and to extend the term through June 30, 2025. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Ann Elliott, Human Resources Director Report Title:Contract Amendment with GovernmentJobs.com, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Director of Human Resources, or designee, to execute a contract amendment with GovernmentJobs.com, Inc., (dba NeoGov), to increase the contract payment limit by $100,000 to $955,000 for providing a vendor-hosted internet-based applicant tracking software system, and to extend the term through June 30, 2025. FISCAL IMPACT: The cost for the term of the amendment is within the Human Resources Department FY 24-25 budget. BACKGROUND: The County has been contracting with GovernmentJobs.com, Inc. for a number of years to provide an applicant tracking system. The availability of status reports, automatic reminders, and overdue notices will help ensure hiring documents and steps are completed and processed in a timely fashion. The applicant tracking system will be hosted on the internet by the vendor. The agreement obligates the vendor to indemnify the County for third- party losses arising out of the vendor’s negligence or willful misconduct in performing the agreement, provided that the vendor’s indemnity obligation is capped at their insurance limits under the agreement - $1,000,000 for general liability and $4,000,000 for cyber insurance. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved, we will not be able to access the vendor’s tracking system, which would CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2389,Version:1 significantly hinder the ability to continue modernizing processes and move toward a paperless system. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2390 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a purchase order to Computacenter, in an amount not to exceed $315,000 for the purchase of Cisco UCS server equipment. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Marc Shorr, Information Technology Director Report Title:Purchase Order with Computacenter for Cisco UCS Servers ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a purchase order with Computacenter, in an amount not to exceed $315,000, for the purchase of Cisco UCS equipment to complete a network server upgrade. FISCAL IMPACT: General Fund - Approved IT Project Funding for FY24-25. BACKGROUND: The Department of Information Technology (DOIT) Network Services team has 45 network servers that are outdated and no longer under maintenance or support, with ages ranging from 5 to over 10 years old. These servers are crucial for the County and various departments, but replacement parts and firmware upgrades are unavailable. Failure or compromise of these servers could cause significant outages. DOIT plans to replace them with a Private Cloud infrastructure to consolidate and enhance the server environment, extending the lifecycle and reducing the risk of hardware failures. The Private Cloud infrastructure takes advantage of increased virtualization features that reduces the amount of equipment needed to provide the same level of service and meets the County’s Climate Action Plan goal to maximize energy efficiency where possible. This project will enable the County to provide a true enterprise platform for all County departments to utilize at a lower cost than replacing existing like for like server hardware. The result of which will provide an increased level of stability, reliability, enhanced data protection with data replication that minimizes the risk of data loss, uniform practice in server deployment, patching and maintenance. This will also reduce the amount of labor effort required to provision server/storage resources. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2390,Version:1 The purchase was competitively bid, with Computacenter being awarded to supply a new server platform that includes 6 servers and associated hardware. DoIT received three quotes and Computacenter was the lowest price, while offering the items needed. CONSEQUENCE OF NEGATIVE ACTION: The consequence of not replacing outdated servers includes increased risk of hardware failures, leading to significant outages for critical County functions and departments. Additionally, the lack of available replacement parts and firmware updates means any server failure could result in prolonged downtime, compromising the County's operations and potentially causing data loss or security breaches. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2391 Name: Status:Type:Consent Item Passed File created:In control:7/26/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE Budget Amendment No’s. BDA-24-00264 through BDA-24-00272, authorizing adjustments to the Department of Information Technology (0147) and Telecommunications (0060) expenditure and revenue budgets as part of FY 2023/24 budget rebalance of $14,194,131. Attachments:1. BDA-24-00264 Org 1055, 2. BDA-24-00265 Org 1060, 3. BDA-24-00266 Org 1063, 4. BDA-24- 00267 Org 1065, 5. BDA-24-00268 Org 1070, 6. BDA-24-00269 Org 1075, 7. BDA-24-00270 Org 4280, 8. BDA-24-00271 Org 4290, 9. BDA-24-00272 Org 4295 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Marc Shorr, Information Technology Director Report Title:APPROVE Budget Amendment No’s. BDA-24-00264 through BDA-24-00272. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Budget Amendment No’s. BDA-24-00264 through BDA-24-00272, authorizing adjustments to the Department of Information Technology (0147) and Telecommunications (0060) expenditure and revenue budgets as part of FY 2023/24 budget rebalance of $14,194,131. FISCAL IMPACT: This action is to adjust the expenditure and revenue budgets to more accurately reflect budgetary requirements for the Department of Information Technology (0147) and Telecommunications (0060) for FY 2023/24. There is no additional net county cost. BACKGROUND: The budget adjustments have been necessitated by changes in revenue projections. The initially approved FY 2023/24 budget included more expenditure transfers and fewer revenue transfers, which necessitated this realignment. This adjustment aims to more accurately align the budget with current expectations for expenditure transfers and revenue collections. The only changes involve reallocation from the 2000-5000 expense accounts to the 9000 revenue accounts. CONSEQUENCE OF NEGATIVE ACTION: Appropriations for estimated revenues will not be properly reflected in the FY 23/24 budget. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.64 File #:24-2391,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00264 11:17 AM 07/26/2024 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-24-00264 Amendment Date 06/30/2024 Description Fiscal Year End Adjustments 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) 9875:DATA PROCESSING SERVICES 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $0.00 $1,238,843.00 Increase budget in 9875 FY 2023-24 Year (FY2023-24 Operating Budget) 9856:DOIT DATA PROCESSING SUPPLY 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $0.00 $4,947.00 Increase budget in 9856 FY 2023-24 Year (FY2023-24 Operating Budget) 9855:DOIT DATA PROCESSING SVCS 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $0.00 $440,975.00 Increase budget in 9855 FY 2023-24 Year (FY2023-24 Operating Budget) 9852:INTERFUND REV - GOV/ENT 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $0.00 $9,893.00 Increase budget in 9852 FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $1,694,658.00 $0.00 Decrease budget in 5022 FY 2023-24 Year (FY2023-24 Operating Budget) 2328:ADMINISTRATIVE SERVICE 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $2,354,848.00 $0.00 Increase budget in 2328 FY 2023-24 Year (FY2023-24 Operating Budget) 2479:OTHER SPECIAL DPMTAL EXP 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $0.00 $380,000.00 Decrease budget in 2479 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00264 11:17 AM 07/26/2024 Page 2 of 2 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $0.00 $200,000.00 Decrease budget in 2310 FY 2023-24 Year (FY2023-24 Operating Budget) 2251:COMPUTER SOFTWARE COST 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $0.00 $1,732,098.00 Decrease budget in 2251 FY 2023-24 Year (FY2023-24 Operating Budget) 2200:MEMBERSHIPS 1050 ADMINISTRATION (Home Org) 1055 INFORMATION SECURITY ADM 100300 GENERA L $0.00 $42,750.00 Decrease budget in 2200 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:21:47 PM 07/03/2024 Michelle Colefield 1 Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:02:58 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00265 11:18 AM 07/26/2024 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-24-00265 Amendment Date 06/30/2024 Description Fiscal year end adjustments 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) 2251:COMPUTER SOFTWARE COST 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $175,000.00 Decrease budget in 2251 FY 2023-24 Year (FY2023-24 Operating Budget) 2132:MINOR COMPUTER EQUIPMENT 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $29,000.00 Decrease budget in 2132 FY 2023-24 Year (FY2023-24 Operating Budget) 2100:OFFICE EXPENSE 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $45,000.00 Decrease budget in 2100 FY 2023-24 Year (FY2023-24 Operating Budget) 9875:DATA PROCESSING SERVICES 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $1,023,353.00 $0.00 Decrease budget in 9875 FY 2023-24 Year (FY2023-24 Operating Budget) 3515:INT ON OTH LONG TERM DEBT 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $3,200.00 Decrease budget in 3515 FY 2023-24 Year (FY2023-24 Operating Budget) 3505:RETIRE OTH LONG TERM DEBT 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $60,000.00 Decrease budget in 3505 FY 2023-24 Year (FY2023-24 Operating Budget) 2479:OTHER SPECIAL DPMTAL EXP 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $12,559.00 Decrease budget in 2479 FY 2023-24 Year (FY2023-24 Operating Budget) 2477:ED SUPPLIES AND COURSES 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $7,000.00 Decrease budget in 2477 FY 2023-24 Year (FY2023-24 Operating Budget) 2328:ADMINISTRATIVE SERVICE 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $271,594.00 Decrease budget in 2328 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00265 11:18 AM 07/26/2024 Page 2 of 2 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $270,000.00 Decrease budget in 2310 FY 2023-24 Year (FY2023-24 Operating Budget) 2270:MAINTENANCE - EQUIPMENT 1050 ADMINISTRATION (Home Org) 1060 OPERATIONS 100300 GENERAL $0.00 $150,000.00 Decrease budget in 2270 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:22:23 PM 07/03/2024 Michelle Colefield 1 Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:02:51 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/11/2024 09:18:45 AM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: Send back for dept to update Budget Amendment Event Budget Amendment Event Submitted 07/11/2024 12:26:27 PM 07/03/2024 Michelle Colefield 1 Michelle Colefield: Updated BDA, please process. Thanks! Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/11/2024 12:48:51 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00266 11:19 AM 07/26/2024 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-24-00266 Amendment Date 06/30/2024 Description Fiscal year end adjustments 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) 9875:DATA PROCESSING SERVICES 1050 ADMINISTRATION (Home Org) 1063 GIS SUPPORT 100300 GENERAL $0.00 $553,696.00 Increase budget in 9875 FY 2023-24 Year (FY2023-24 Operating Budget) 9856:DOIT DATA PROCESSING SUPPLY 1050 ADMINISTRATION (Home Org) 1063 GIS SUPPORT 100300 GENERAL $0.00 $2,225.00 Increase budget in 9856 FY 2023-24 Year (FY2023-24 Operating Budget) 9855:DOIT DATA PROCESSING SVCS 1050 ADMINISTRATION (Home Org) 1063 GIS SUPPORT 100300 GENERAL $0.00 $236,737.00 Increase budget in 9855 FY 2023-24 Year (FY2023-24 Operating Budget) 9852:INTERFUND REV - GOV/ENT 1050 ADMINISTRATION (Home Org) 1063 GIS SUPPORT 100300 GENERAL $0.00 $4,451.00 Increase budget in 9852 FY 2023-24 Year (FY2023-24 Operating Budget) 9620:COMMUNICATION SERVICES 1050 ADMINISTRATION (Home Org) 1063 GIS SUPPORT 100300 GENERAL $0.00 $41.00 Increase budget in 9620 FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 1050 ADMINISTRATION (Home Org) 1063 GIS SUPPORT 100300 GENERAL $797,150.00 $0.00 Decrease budget in 5022 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:22:55 PM 07/03/2024 Michelle Colefield 1 Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00266 11:19 AM 07/26/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:02:45 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00267 11:21 AM 07/26/2024 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-24-00267 Amendment Date 06/30/2024 Description Fiscal year end adjustments 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) 9875:DATA PROCESSING SERVICES 1050 ADMINISTRATION (Home Org) 1065 SYSTEMS & PROGRAMMIN G 100300 GENERA L $0.00 $639,734.00 Increase budget in 9875 FY 2023-24 Year (FY2023-24 Operating Budget) 9856:DOIT DATA PROCESSING SUPPLY 1050 ADMINISTRATION (Home Org) 1065 SYSTEMS & PROGRAMMIN G 100300 GENERA L $0.00 $3,300.00 Increase budget in 9856 FY 2023-24 Year (FY2023-24 Operating Budget) 9855:DOIT DATA PROCESSING SVCS 1050 ADMINISTRATION (Home Org) 1065 SYSTEMS & PROGRAMMIN G 100300 GENERA L $0.00 $165,893.00 Increase budget in 9855 FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 1050 ADMINISTRATION (Home Org) 1065 SYSTEMS & PROGRAMMIN G 100300 GENERA L $808,927.00 $0.00 Decrease budget in 5022 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:23:23 PM 07/03/2024 Michelle Colefield 1 Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:02:36 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00267 11:21 AM 07/26/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00268 11:23 AM 07/26/2024 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-24-00268 Amendment Date 06/30/2024 Description Fiscal year end adjustments 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) 5022:INTRAFUND-TRANS-SERVICES 1050 ADMINISTRATION (Home Org) 1070 NETWORK SERVICES 100300 GENERA L $1,706,057.00 $0.00 Decrease budget in 5022 FY 2023-24 Year (FY2023-24 Operating Budget) 2328:ADMINISTRATIVE SERVICE 1050 ADMINISTRATION (Home Org) 1070 NETWORK SERVICES 100300 GENERA L $0.00 $450,000.00 Decrease budget in 2328 FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 1050 ADMINISTRATION (Home Org) 1070 NETWORK SERVICES 100300 GENERA L $450,000.00 $0.00 Increase budget in 2310 FY 2023-24 Year (FY2023-24 Operating Budget) 9875:DATA PROCESSING SERVICES 1050 ADMINISTRATION (Home Org) 1070 NETWORK SERVICES 100300 GENERA L $0.00 $487,194.00 Increase budget in 9875 FY 2023-24 Year (FY2023-24 Operating Budget) 9856:DOIT DATA PROCESSING SUPPLY 1050 ADMINISTRATION (Home Org) 1070 NETWORK SERVICES 100300 GENERA L $0.00 $6,026.00 Increase budget in 9856 FY 2023-24 Year (FY2023-24 Operating Budget) 9855:DOIT DATA PROCESSING SVCS 1050 ADMINISTRATION (Home Org) 1070 NETWORK SERVICES 100300 GENERA L $0.00 $1,136,777.00 Increase budget in 9855 FY 2023-24 Year (FY2023-24 Operating Budget) 9852:INTERFUND REV - GOV/ENT 1050 ADMINISTRATION (Home Org) 1070 NETWORK SERVICES 100300 GENERA L $0.00 $76,060.00 Increase budget in 9852 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:24:30 PM 07/03/2024 Michelle Colefield 1 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00268 11:23 AM 07/26/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:02:23 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/08/2024 01:50:02 PM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: Return per depts request Budget Amendment Event Budget Amendment Event Submitted 07/08/2024 02:59:00 PM 07/03/2024 Michelle Colefield 1 Michelle Colefield: Corrected/updated BDA. Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/08/2024 03:01:10 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00269 11:27 AM 07/26/2024 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-24-00269 Amendment Date 06/30/2024 Description Fiscal year end adjustments 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) 9852:INTERFUND REV - GOV/ENT 1050 ADMINISTRATION (Home Org) 1075 WAN SERVICES 100300 GENERA L $0.00 $14,804.00 Increase budget in 9852 FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 1050 ADMINISTRATION (Home Org) 1075 WAN SERVICES 100300 GENERA L $2,630,886.00 $0.00 Decrease budget in 5022 FY 2023-24 Year (FY2023-24 Operating Budget) 9875:DATA PROCESSING SERVICES 1050 ADMINISTRATION (Home Org) 1075 WAN SERVICES 100300 GENERA L $0.00 $1,819,234.00 Increase budget in 9875 FY 2023-24 Year (FY2023-24 Operating Budget) 9856:DOIT DATA PROCESSING SUPPLY 1050 ADMINISTRATION (Home Org) 1075 WAN SERVICES 100300 GENERA L $0.00 $8,452.00 Increase budget in 9856 FY 2023-24 Year (FY2023-24 Operating Budget) 9855:DOIT DATA PROCESSING SVCS 1050 ADMINISTRATION (Home Org) 1075 WAN SERVICES 100300 GENERA L $0.00 $788,396.00 Increase budget in 9855 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:25:43 PM 07/03/2024 Michelle Colefield 1 Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:02:18 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00269 11:27 AM 07/26/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00270 11:29 AM 07/26/2024 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-24-00270 Amendment Date 06/30/2024 Description Fiscal year end adjustments 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) 9620:COMMUNICATION SERVICES 1050 ADMINISTRATION (Home Org) 4280 TELECOMMUNICATIONS 100300 GENERA L $457,955.00 $0.00 Decrease budget in 9620 FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 1050 ADMINISTRATION (Home Org) 4280 TELECOMMUNICATIONS 100300 GENERA L $1,008,946.00 $0.00 Decrease budget in 5022 FY 2023-24 Year (FY2023-24 Operating Budget) 3505:RETIRE OTH LONG TERM DEBT 1050 ADMINISTRATION (Home Org) 4280 TELECOMMUNICATIONS 100300 GENERA L $0.00 $335,910.00 Decrease budget in 3505 FY 2023-24 Year (FY2023-24 Operating Budget) 2310:NON CNTY PROF SPCLZD SVCS 1050 ADMINISTRATION (Home Org) 4280 TELECOMMUNICATIONS 100300 GENERA L $0.00 $230,000.00 Decrease budget in 2310 FY 2023-24 Year (FY2023-24 Operating Budget) 2251:COMPUTER SOFTWARE COST 1050 ADMINISTRATION (Home Org) 4280 TELECOMMUNICATIONS 100300 GENERA L $0.00 $350,000.00 Decrease budget in 2251 FY 2023-24 Year (FY2023-24 Operating Budget) 9875:DATA PROCESSING SERVICES 1050 ADMINISTRATION (Home Org) 4280 TELECOMMUNICATIONS 100300 GENERA L $0.00 $143,788.00 Increase budget 9875 FY 2023-24 Year (FY2023-24 Operating Budget) 9854:DOIT PHONE EXCHANGE CHARGES 1050 ADMINISTRATION (Home Org) 4280 TELECOMMUNICATIONS 100300 GENERA L $0.00 $407,203.00 Increase budget 9854 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:41:18 PM 07/03/2024 Michelle Colefield 1 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00270 11:29 AM 07/26/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:02:09 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/11/2024 09:19:01 AM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: Send back for dept to update Budget Amendment Event Budget Amendment Event Submitted 07/11/2024 12:31:52 PM 07/03/2024 Michelle Colefield 1 Michelle Colefield: BDA updated, please process. Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/11/2024 12:48:43 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00271 11:30 AM 07/26/2024 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-24-00271 Amendment Date 06/30/2024 Description Fiscal year end adjustments 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) 9858:DOIT OTHER TELECOM CHARGES 1050 ADMINISTRATION (Home Org) 4290 TELEPHONE MAINTENANCE 100300 GENERA L $0.00 $22,875.00 Increase budget in 9858 FY 2023-24 Year (FY2023-24 Operating Budget) 9852:INTERFUND REV - GOV/ENT 1050 ADMINISTRATION (Home Org) 4290 TELEPHONE MAINTENANCE 100300 GENERA L $0.00 $18,608.00 Increase budget in 9852 FY 2023-24 Year (FY2023-24 Operating Budget) 9620:COMMUNICATION SERVICES 1050 ADMINISTRATION (Home Org) 4290 TELEPHONE MAINTENANCE 100300 GENERA L $0.00 $677,211.00 Increase budget in 9620 FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 1050 ADMINISTRATION (Home Org) 4290 TELEPHONE MAINTENANCE 100300 GENERA L $718,694.00 $0.00 Decrease budget in 5022 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:07:46 PM 07/03/2024 Michelle Colefield 1 Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:03:07 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/08/2024 10:02:22 AM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: Return for rounding View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00271 11:30 AM 07/26/2024 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Submitted 07/08/2024 01:57:24 PM 07/03/2024 Michelle Colefield 1 Michelle Colefield: Updated amounts in budget amendment. Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/09/2024 01:05:51 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00272 11:33 AM 07/26/2024 Page 1 of 3 Company Contra Costa County Budget Template Operating Budget : FY2023-24 Operating Budget Budget FY2023-24 Operating Budget Organizing Dimension Type Amendment ID BDA-24-00272 Amendment Date 06/30/2024 Description Fiscal year end adjustments 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) 9857:DOIT MNTN RADIO EQUIPMENT 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $14,100.00 $0.00 Decrease budget in 9857 FY 2023-24 Year (FY2023-24 Operating Budget) 9855:DOIT DATA PROCESSING SVCS 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $90,900.00 $0.00 Decrease budget in 9855 FY 2023-24 Year (FY2023-24 Operating Budget) 3515:INT ON OTH LONG TERM DEBT 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $0.00 $2,195.00 Decrease budget in 3515 FY 2023-24 Year (FY2023-24 Operating Budget) 3505:RETIRE OTH LONG TERM DEBT 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $0.00 $22,740.00 Decrease budget in 3505 FY 2023-24 Year (FY2023-24 Operating Budget) 2490:MISC SERVICES & SUPPLIES 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $0.00 $21,854.00 Decrease budget in 2490 FY 2023-24 Year (FY2023-24 Operating Budget) 2335:OTHER TELECOM CHARGES 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $6,270.00 $0.00 Increase budget in 2335 FY 2023-24 Year (FY2023-24 Operating Budget) 2284:REQUESTED MAINTENANCE 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $0.00 $130,000.00 Decrease budget in 2284 FY 2023-24 Year (FY2023-24 Operating Budget) 2270:MAINTENANCE -EQUIPMENT 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $0.00 $200,000.00 Decrease budget in 2270 FY 2023-24 Year (FY2023-24 Operating Budget) 9851:INTERFUND REV - GOV/GOV 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $43,945.00 $0.00 Decrease budget in 9851 View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00272 11:33 AM 07/26/2024 Page 2 of 3 Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2023-24 Year (FY2023-24 Operating Budget) 2251:COMPUTER SOFTWARE COST 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $0.00 $27,800.00 Decrease budget in 2251 FY 2023-24 Year (FY2023-24 Operating Budget) 9195:OTHER RENTS 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $0.00 $117,068.00 Increase budget in 9195 FY 2023-24 Year (FY2023-24 Operating Budget) 5022:INTRAFUND-TRANS-SERVICES 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $372,442.00 $0.00 Decrease budget in 5022 FY 2023-24 Year (FY2023-24 Operating Budget) 2131:MINOR FURNITURE/EQUIPMENT 1050 ADMINISTRATION (Home Org) 4295 MICROWAVE MAINTENANCE 100300 GENERA L $0.00 $6,000.00 Decrease budget in 2131 Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 07/02/2024 03:11:30 PM 07/03/2024 Michelle Colefield 1 Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/02/2024 04:03:03 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/11/2024 09:19:19 AM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: Send back for dept to update Budget Amendment Event Budget Amendment Event Submitted 07/11/2024 12:44:58 PM 07/03/2024 Michelle Colefield 1 Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/11/2024 12:48:29 PM Sarah Bunnell (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Sent Back 07/19/2024 10:50:20 AM Yesenia Campos (Budget Specialist (Auditor Office)) 1 Send Back Reason from Yesenia Campos: Dept to make update View Budget Amendment: Budget Amendment: FY 2023-24 - Operating Budget on 06/30/2024 : BDA-24-00272 11:33 AM 07/26/2024 Page 3 of 3 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Submitted 07/22/2024 02:18:05 PM 07/03/2024 Michelle Colefield 1 Michelle Colefield: Changed ledger account from 2132 to 2131. Budget Amendment Event Review Budget Amendment Not Required 07/03/2024 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Approved 07/22/2024 03:18:38 PM Arlene Gutierrez (Department Approver – Budget Amendment) 1 Budget Amendment Event Approval by Budget Specialist (Auditor Office) Awaiting Action Analiza Pinlac (Budget Specialist (Auditor Office)) 3 Xia Zhang (Budget Specialist (Auditor Office)) Yesenia Campos (Budget Specialist (Auditor Office)) 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2347 Name: Status:Type:Consent Item Passed File created:In control:7/23/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the County Librarian, or designee, to close the Clayton Library on August 10 and August 13th in order to replace the HVAC (heating, ventilation and air conditioning) system and reopen to the public on August 14th. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Clayton Library Closure for HVAC Replacement ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the County Librarian, or designee, to close the Clayton Library on August 10th and August 13th, as requested by the City of Clayton, to replace the HVAC system. FISCAL IMPACT: None BACKGROUND: The HVAC system replacement at the Clayton Library will begin on Saturday August 10th and continue through August 13th. The library will reopen on Wednesday August 14th. Clayton residents requiring library services may use the nearby Ygnacio Valley Library or any other Contra Costa County Library. The City of Clayton has hired Climatec, Inc., to install energy efficiency improvements throughout the City's facilities, which include the Clayton Library. Climatec will be installing a new heating and air conditioning unit within the attic space of the library building. This will involve removing existing air return duct work and cutting open the exterior wall of the building to remove the old HVAC unit and to move the new unit into place. This work will require the entrance to the building to be closed for the wall removal and HVAC unit positioning. The HVAC system will be offline during the installation of the new unit. Climatec will then bring the new unit online, check temperature controls and vent operations prior to opening the building back up to the public. CONSEQUENCE OF NEGATIVE ACTION: The HVAC system at the Clayton Library will not be replaced. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2347,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2348 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with General Datatech, L.P., in an amount not to exceed $294,098 for the renewal of Palo Alto Networks firewall equipment and support subscriptions, for the period July 23, 2024, through July 23, 2028. (100% Library Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Purchase Order with General Datatech, L.P. for Palo Alto Networks hardware and subscriptions through July 23, 2028 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with General Datatech, L.P. in an amount not to exceed $294,098 for the renewal of Palo Alto Networks firewall equipment and support subscriptions, for the period July 23, 2024, through July 23, 2028. FISCAL IMPACT: 100% Library Fund. BACKGROUND: Palo Alto Networks provides firewall protection to the Library networks. The software includes URL filtering, advanced threat protection and domain name system (DNS) security. The products and services are governed by the End User License Agreement executed May 26, 2020, which limits Palo Alto Networks’ liability to the greater of one million dollars or the total amount the County has paid for the entire term of the product subscription. CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order is not approved, the Contra Costa County Library will lose the use of our Palo Alto Networks firewall protections. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2348,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2349 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with EBSCO Information Services, LLC, in an amount not to exceed $109,515 for the renewal of Environment Complete, ConsumerReports.org, MasterFILE Reference dBook Subscription, MasterFILE Complete and EBSCO Discovery Service research and reference materials, for the period August 1, 2024 through July 31, 2025. (100% Library Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Purchase Order with EBSCO Information Services, LLC for Environment Complete, ConsumerReports.org, MasterFILE Reference eBook Subscription, MasterFILE Complete and EBSCO Discovery Service, for the period May 1, 2024, through April 30, 2025. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RESCIND Board Action of June 25th, 2024 (C.188), which pertained to authorizing a purchase order with EBSCO Publishing, Inc. and APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order including modified limitation of liability and indemnification language with EBSCO Information Services, LLC in an amount not to exceed $109,515 for the renewal of Environment Complete, ConsumerReports.org, MasterFILE Reference dBook Subscription, MasterFILE Complete and EBSCO Discovery Service, for the period August 1, 2024, through July 31, 2025. FISCAL IMPACT: 100% Library Fund. BACKGROUND: The Library Department has used and continues to use EBSCO for various online subscriptions for patron use. EBSCO is a leading provider of research content, search technologies, and delivery platform for public libraries. The Library selected EBSCO for a customer package that includes Environment Complete, ConsumerReports.org, MasterFILE Reference eBook Subscription, MasterFILE Complete and EBSCO Discovery Service. This package includes authoritative sources, such as journals, full-text magazines, newspapers, reference eBooks, primary documents, and other educational content appropriate for research papers, class projects and home assignments for students and lifelong learners at all levels. EBSCO’s Discovery Service utilizes a single search where researchers can find content found in all the Library’s full-text databases. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2349,Version:1 ConsumerReports.org provides patrons with trusted information to help them make smart buying decisions. Terms and Conditions include limitation of liability and indemnification provisions approved by County Counsel. On June 25, 2024 (C.188) the Board of Supervisors approved a Purchase Order in an amount not to exceed $109,515 for the renewal of Environment Complete, ConsumerReports.org, MasterFILE Reference dBook Subscription, MasterFILE Complete and EBSCO Discovery Service, for the period August 1, 2024, through July 31, 2025. This staff report corrects the vendor name from EBSCO Publishing, Inc. to EBSCO Information Services, LLC. CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order is not approved, the Contra Costa County Library will not be able to provide patrons with the extensive information and search capabilities provided by these databases. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2350 Name: Status:Type:Consent Item Passed File created:In control:7/9/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE AND AUTHORIZE the County Probation Officer, or designee, to apply for, accept, and execute an agreement for grant funding from the California Office of Traffic Safety in an amount not to exceed $464,900 for intensive probation supervision of high-risk Driving Under the Influence (DUI) offenders with multiple DUI convictions for the period October 1, 2024 through September 30, 2025. (100% State, no County match) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Report Title:State of California Office of Traffic Safety Grant ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE AND AUTHORIZE the Contra Costa County Probation Officer, or designee, to apply for grant funding from the California Office of Traffic Safety, and authorize the County Probation Officer, or designee, to execute an agreement and accept funding in an amount not to exceed $464,900 for intensive probation supervisions for high-risk Driving Under the Influence (DUI) offenders with multiple DUI convictions from October 1, 2024 through September 30, 2025. FISCAL IMPACT: 100% State revenue. No County match is required. BACKGROUND: The Probation Department has had a partnership with the Office of Traffic Safety (OTS) for more than 15 years. The support and assistance provided by OTS, coupled with strong working relationships with state and local law enforcement agencies, has allowed the Probation Department to closely monitor and rehabilitate clients. Reducing the traumatic impact that impaired driving causes across the community contributes to improving public safety. The safety of communities is a top priority. Intensive supervision programs hold DUI offenders accountable. This grant will fund Probation Department personnel for an intensive supervision program for high-risk DUI CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2350,Version:1 offenders with multiple DUI convictions. The intensive program involves check-ins with probationers to make sure they are following court ordered terms of their probation. This includes conducting unannounced fourth amendment waiver home searches, field visits, random alcohol and drug testing, and ensuring those on probation are attending court ordered DUI education and treatment programs. The grant also pays for warrant operations targeting probation violations and DUI suspects who do not appear in court, officer training in Standard Field Sobriety Testing, distribution of DUI “Be on the Lookout” (BOLO) alerts, collaboration with courts and prosecutors to establish probation orders, and participation with local law enforcement on anti-DUI efforts. CONSEQUENCE OF NEGATIVE ACTION: If unapproved, Probation would not be able to accept funding from the State to provide intensive supervision for high-risk DUI offenders. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2351 Name: Status:Type:Consent Item Passed File created:In control:7/11/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with Diablo Paper Shredding, Inc., in am amount not to exceed $40,000 for shredding services for the period of September 1, 2024 to August 31, 2026. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Report Title:Diablo Paper Shredding, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract containing modified indemnification with Diablo Paper Shredding, Inc., in am amount not to exceed $40,000 for shredding services for the period of September 1, 2024 to August 31, 2026. FISCAL IMPACT: This total of $40,000 will be 100% funded by the General Fund. BACKGROUND: Diablo Paper Shredding offers mobile paper shredding and hard drive shredding services that are compliant with various data destruction regulations and are certified by the National Association for Information Destruction. Diablo Paper Shredding will provide confidential on-site shredding services to multiple locations in the Probation Department. CONSEQUENCE OF NEGATIVE ACTION: If unapproved, Probation will not have an efficient shredding service to destroy confidential documents that are no longer needed at the Probation Department. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2351,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2352 Name: Status:Type:Consent Item Passed File created:In control:7/23/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the Contra Costa County Office of Education, in an amount not to exceed $434,570 to provide student educational programs for youth enrolled in the Briones Youth Academy for the period July 1, 2024 through June 30, 2025. (100% State) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Report Title:Interagency Agreement with the Contra Costa County Office of Education ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the Contra Costa County Office of Education, in an amount not to exceed $434,570 to provide student educational programs for youth enrolled in the Briones Youth Academy for the period July 1, 2024 through June 30, 2025. FISCAL IMPACT: This contract is 100% funded by the Juvenile Justice Realignment Block Grant. BACKGROUND: Under the orders of Governor Gavin Newsom, California phased out the California Division of Juvenile Justice (DJJ) in 2021. This required youth to remain under the supervision of individual county juvenile halls instead of state youth prisons. The Probation Department created a new program called the Briones Youth Academy to serve these youth. Since July 2021, the Contra Costa County Office of Education has provided additional educational staffing to serve the students who have already received a High School diploma and who are enrolled in the Briones Youth Academy. The Probation Department would like to renew this contract with the Contra Costa County Office of Education to continue serving the youth in the Briones Youth Academy. CONSEQUENCE OF NEGATIVE ACTION: Without this contract, the educational programs will not be available to the youth enrolled in the Briones Youth Academy. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2352,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 279 Name: Status:Type:Consent Resolution Passed File created:In control:7/11/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT Resolution No. 2024-279 approve and authorize the Public Works Director, or designee, to fully close a portion of Highland Boulevard between Lam Court and Cowper Avenue, on August 26, 2024, from 7:00 a.m. through 5:00 p.m., for the purpose of replacement of a utility pole transformer, Kensington area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To: Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Approve and Authorize to fully close a portion of Highland Boulevard, on August 26, 2024, from 7:00 a.m. through 5:00 p.m., Kensington area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion of Highland Boulevard between Lam Court and Cowper Avenue,on August 26,2024,from 7:00 a.m.through 5:00 p.m., for the purpose of replacement of a utility pole transformer, Kensington area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: Pacific Gas and Electric Company shall follow guidelines set forth by the Public Works Department.Pacific Gas &Electric is requesting a road closure to replace a utility pole transformer.The construction team indicated that a road closure is necessary for the requested work to be done safely due to the narrow road. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. c: Larry Gossett-Engineering Services, Kellen O’Connor-Engineering Services, Bob Hendry- Engineering Services, Marke Smith-Engineering Services, Devon Patel- Engineering Services, Chris Lau- Maintenance, Kensington Police Department & Fire Protection District CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-279,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF:Approving and Authorizing the Public Works Director,or designee,to fully close a portion of Highland Boulevard between Lam Court and Cowper Avenue,on August 26,2024,from 7:00 a.m. through 5:00 p.m., for the purpose of replacement of a utility pole transformer, Kensington area. (District I) RC24-43 NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas and Electric Company to fully close a portion of Highland Boulevard between Lam Court and Cowper Avenue,except for emergency traffic,local residents,US Postal Service and garbage trucks,on August 26,2024,for the period of 7:00 a.m. through 5:00 p.m., subject to the following conditions: 1.Traffic will be detoured via roads identified in a traffic control plan, reviewed by the Public Works Department. Emergency vehicles, residents within the construction area and essential services will be allowed access as required. 2.All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3.Pacific Gas & Electric Company shall comply with the requirements of the Ordinance Code of Contra Costa County. 4.Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5.Obtain approval for the closure from the Kensington Police Department, the California Highway Patrol and the Fire District. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-279,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 280 Name: Status:Type:Consent Resolution Passed File created:In control:7/22/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT Resolution No. 2024-280 approving and authorizing the Public Works Director, or designee, to fully close a portion of Amherst Avenue between Oberlin Avenue and Princeton Avenue, on August 23, 2024 and August 24, 2024 from 7:00 a.m. through 5:00 p.m., for the purpose of replacement of a utility pole and utility pole transformer, Kensington area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Approve and Authorize to fully close a portion of Amherst Avenue between Oberlin Avenue and Princeton Avenue,on August 23,2024 and August 24,2024 from 7:00 a.m.through 5:00 p.m., Kensington area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion of Amherst Avenue between Oberlin Avenue and Princeton Avenue,on August 23,2024 and August 24,2024 from 7:00 a.m.through 5:00 p.m.,for the purpose of replacement of a utility pole and utility pole transformer, Kensington area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: Pacific Gas and Electric Company shall follow guidelines set forth by the Public Works Department.Pacific Gas &Electric is requesting a road closure to replace a utility pole and utility pole transformer.The construction team indicated that a road closure is necessary for the requested work to be done safely due to the narrow road. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. C: Kellen O’Connor-Engineering Services, Marke Smith-Engineering Services, Bob Hendry-Engineering Services, Devon Patel-Engineering Services, Chris Lou- Maintenance, CHP, Kensington Police Department CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-280,Version:1 Maintenance, CHP, Kensington Police Department THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF:approving and authorizing the Public Works Director,or designee,to fully close a portion of Amherst Avenue between Oberlin Avenue and Princeton Avenue,on August 23,2024 and August 24, 2024 from 7:00 a.m.through 5:00 p.m.,for the purpose of replacement of a utility pole and utility pole transformer, Kensington area. (District I) RC-24-44 NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric to fully close a portion of Amherst Avenue between Oberlin Avenue and Princeton Avenue,except for emergency traffic,local residents,US Postal Service and garbage trucks,on August 23,2024 and August 24,2024 for the period of 7:00 a.m. through 5:00 p.m., subject to the following conditions: 1.Traffic will be detoured via roads identified in a traffic control plan, reviewed by the Public Works Department. Emergency vehicles, residents within the event area and essential services will be allowed access as required. 2.All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3.Pacific Gas & Electric shall comply with the requirements of the Ordinance Code of Contra Costa County. 4.Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5.Obtain approval for the closure from the Kensington Police Department, the California Highway Patrol and the Fire District. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-280,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 281 Name: Status:Type:Consent Resolution Passed File created:In control:7/23/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT Resolution No. 2024-281 accepting completion of improvements for development plan permit DP18-03031 (cross-reference minor subdivision MS18-00010) for a project developed by Del Hombre Walnut Creek Holdings, LLC, as recommended by the Public Works Director, Walnut Creek area. (100% Developer Fees) Attachments:1. DP18-03031 Recordable Resolution, 2. Signed Resolution No. 2024-281.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Accepting completion of improvements for development plan permit DP18-03031 (cross- reference minor subdivision MS18-00010), Walnut Creek area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution accepting completion of improvements development plan permit DP18-3031 (cross- reference minor subdivision MS18-00010) for a project developed by Del Hombre Walnut Creek Holdings, LLC, as recommended by the Public Works Director, Walnut Creek area. (District IV) FISCAL IMPACT: 100% Developer fees. BACKGROUND: The developer has completed the improvements per the Subdivision Agreement, in accordance with the Title 9 of the County Ordinance Code without the need for a warranty period. The surety bond, Bond No. 1010073, dated February 2, 2021, issued by The Hanover Insurance Company, is EXONERATED. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted, the developer will not receive a refund of the cash deposit, the Subdivision Agreement and performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and closed. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.73 File #:RES 2024-281,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 281 Name: Status:Type:Consent Resolution Passed File created:In control:7/23/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ADOPT Resolution No. 2024-281 accepting completion of improvements for development plan permit DP18-03031 (cross-reference minor subdivision MS18-00010) for a project developed by Del Hombre Walnut Creek Holdings, LLC, as recommended by the Public Works Director, Walnut Creek area. (100% Developer Fees) Attachments:1. DP18-03031 Recordable Resolution, 2. Signed Resolution No. 2024-281.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Accepting completion of improvements for development plan permit DP18-03031 (cross- reference minor subdivision MS18-00010), Walnut Creek area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution accepting completion of improvements development plan permit DP18-3031 (cross- reference minor subdivision MS18-00010) for a project developed by Del Hombre Walnut Creek Holdings, LLC, as recommended by the Public Works Director, Walnut Creek area. (District IV) FISCAL IMPACT: 100% Developer fees. BACKGROUND: The developer has completed the improvements per the Subdivision Agreement, in accordance with the Title 9 of the County Ordinance Code without the need for a warranty period. The surety bond, Bond No. 1010073, dated February 2, 2021, issued by The Hanover Insurance Company, is EXONERATED. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted, the developer will not receive a refund of the cash deposit, the Subdivision Agreement and performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and closed. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.73 File #:RES 2024-281,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2353 Name: Status:Type:Consent Item Passed File created:In control:7/22/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:ACCEPT the 2024 Semi-Annual Report of Real Estate Acquisition Acceptances dated January 1, 2024, through June 30, 2024, approved by the Public Works Director as submitted, Countywide. (100% Various Road and Flood Control Funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Accept the 2024 Semi-Annual Report of Real Estate Acquisition Acceptances dated January 1, 2024, through June 30, 2024. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT the 2024 Semi-Annual Report of Real Estate Acquisition Acceptances dated January 1, 2024, through June 30, 2024, approved by the Public Works Director for the acquisitions of any interest in real property where the purchase price for the real property interest did not exceed $100,000, Countywide. FISCAL IMPACT: 100% various road and flood control funds covered costs related to staff time and purchase price. BACKGROUND: Pursuant to the Contra Costa County, Ordinance Code 2019-35, Title 11, Division 1108, Chapter 1108-8.002, “The Board of Supervisors authorizes the Public Works Director, or his or her designated deputy, to perform all acts necessary to approve and accept for the County the acquisition of any interest in real property where the purchase price for the real property interest does not exceed one hundred thousand dollars ($100,000).” The Public Works Director shall submit a semi-annual report to the Board of Supervisors on each acquisition done pursuant to this section, including the interest acquired, its price, and the necessity for the purchase. There are no acquisitions done pursuant to this section to report for the period of January 1, 2024, through June 30,2024. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2353,Version:1 The Board of Supervisors would not be informed of the acquisitions accepted by the Public Works Director pursuant to Contra Costa County Ordinance Code. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2354 Name: Status:Type:Consent Item Passed File created:In control:7/16/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with KCM Engineering, Inc. (dba Knight CM Group), effective June 4, 2024, to increase the payment limit by $722,000 to a new payment limit of $2,276,737, and extend the term through December 31, 2025, for construction management services for the Marsh Creek Road Bridges Replacement Project, Clayton and Brentwood areas. (79% Highway Bridge Program Grant Funds, 20% Local Road Funds, and 1% East County Area of Benefit Funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Amendment to Consulting Services Agreement with KCM Engineering, Inc., dba Knight CM Group, Clayton and Brentwood area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a Consulting Services Agreement (contract)amendment with KCM Engineering,Inc.,dba Knight CM Group,effective June 4,2024, to increase the payment limit by $722,000.00 to a new payment limit of $2,276,737.00,for construction management services for the Marsh Creek Road Bridges Replacement Project,and to extend the term through December 31,2025,Clayton and Brentwood areas.(County Project No.0662-6R4083)(Federal Project No. BRLS-5928(125)). FISCAL IMPACT: Work performed under this contract will be funded by 79%Highway Bridge Program Grant Funds,20%Local Road Funds, and 1% East County Area of Benefit Funds. BACKGROUND: The project will construct two new bridges and roadway improvements along Marsh Creek Road over Marsh Creek.Existing Bridge #28C-0143,with nearest address 16711 Marsh Creek Road in the Clayton area,will be replaced with new Bridge #28C-0519.Existing Bridge #28C-0145,approximately 0.2 miles west of the intersection of Camino Diablo in the Brentwood area,will be replaced with new Bridge #28C-0520.The existing bridges will be demolished and the new bridges will meet current design standards.Roadway approaches will be reconstructed,up to approxinately 1,000 ft away from the bridge,including drainage and traffic improvements. KCM Engineering,Inc.,dba Knight CM Group,was selected to provide construction management services forCONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2354,Version:1 KCM Engineering,Inc.,dba Knight CM Group,was selected to provide construction management services for the project after completing a request for proposal solicitation and technical proposal process.Public Works has successfully negotiated with KCM Engineering,Inc.,dba Knight CM Group,to provide the construction management services. On July 26,2022,the Board of Supervisors approved an initial contract with KCM Engineering,Inc.,dba Knight CM Group,in the amount of $1,554,737 for construction management services for the Public Works Department.This amendment increases the payment limit and extends the contract term which is necessary for continuation of construction management services. Government Code Section 31000 and 4525 authorizes the County to contract for services including the type of construction management that KCM Engineering, Inc. dba Knight CM Group, provides. CONSEQUENCE OF NEGATIVE ACTION: Without Board of Supervisors’approval,this Consulting Services Agreement will not be in effect.A delay in construction of the Project will occur,ultimately delaying the completion of the Project.Project delay may also result in substantial additional project costs and jeopardize the funding. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2356 Name: Status:Type:Consent Item Passed File created:In control:7/18/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Joint Exercise of Powers Agreement between Contra Costa County and the City of Walnut Creek for the design and construction of the San Miguel Drive Pedestrian Path Project, Walnut Creek area. (8% Transportation Development Act Funds, 55% City of Walnut Creek Funds, and 37% Central County Area of Benefit Funds) Attachments:1. JEPA-Joint Exercise of Powers of Agreement Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Agreement between Contra Costa County and the City of Walnut Creek for the San Miguel Drive Pedestrian Path Project, Walnut Creek area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Joint Exercise of Powers Agreement (Agreement) between Contra Costa County and the City of Walnut Creek (City) for the design and construction of the San Miguel Drive Pedestrian Path Project (Project No. 0662-6R4174), Walnut Creek area. (District IV) FISCAL IMPACT: 8% Transportation Development Act (State) Funds, 55% City of Walnut Creek Funds, 37% Central County Area of Benefit Funds BACKGROUND: The San Miguel Drive Pedestrian Path Project is a joint project with the City that consists of constructing an all -weather, Americans with Disabilities Act (ADA) compliant pedestrian path on the south side of San Miguel Drive from Newell Avenue to Blackwood Drive. The scope of work includes two primary components: (1) an asphalt pathway and berm within unincorporated County from Blackwood Drive to Adeline Drive; and (2) concrete sidewalk, curb, and gutter within the City from Newell Avenue to Blackwood Drive. In addition, the project scope includes installation of storm drain lines within the City from Andrea Drive to Blackwood Drive. San Miguel Drive currently has two travel lanes with narrow shoulders and horizontal curves and are absent pedestrian pathways, resulting in pedestrians walking close to or within the travel lane. In the summer of 2022, County staff issued a survey to the Walnut Heights community to determine which of two multi-modal projects should be prioritized in the community - the other being a path along Mountain View Boulevard - and thisCONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.76 File #:24-2356,Version:1 should be prioritized in the community -the other being a path along Mountain View Boulevard -and this project was selected as the one to move forward for implementation.The survey responses revealed that this project is supported by both pedestrians and drivers and that safety for walking is a resounding concern due to the speeding cars around the curves in the road. The purpose of this Agreement is to set forth the parties’financial and project responsibilities pertaining to design,environmental clearance,right of way acquisition,and construction of the roadway improvements.The City of Walnut Creek will contribute a maximum of $125,000 towards design engineering and real estate costs. The Agreement is structured to allow design activities to commence,including right of way activities,with the construction phase only to begin by written agreement of both parties’ authorized representatives. A previous version of the Agreement was approved by the Board of Supervisors on December 12,2023,but the City of Walnut Creek requested additional changes to the Agreement language related to insurance and termination provisions.The revised Agreement has been approved as to form by the City of Walnut Creek’s legal counsel and County Counsel. CONSEQUENCE OF NEGATIVE ACTION: If the Public Works Department is not authorized to execute the Joint Exercise Powers Agreement,the design and construction of the project will be delayed and funding will not be available for improvements within the City’s portion of the project. c:Warren Lai, Public Works Director Steve Kowalewski, Chief Deputy Public Works Director Jerry Fahy, Transportation Engineering CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK FOR THE SAN MIGUEL DRIVE PEDESTRIAN PATH PROJECT This JOINT EXERCISE OF POWERS AGREEMENT (“AGREEMENT”), dated as of the ___ day of ___________, 2024 (“EFFECTIVE DATE”), is entered into by Contra Costa County, a political subdivision of the State of California (“COUNTY”), and the City of Walnut Creek, California, a municipal corporation (“CITY”). COUNTY and CITY are sometimes referred to herein together as the “PARTIES,” and each as a “PARTY.” RECITALS A. The San Miguel Drive Pedestrian Path Project (the “PROJECT”) is a project to realign and improve San Miguel Drive from the Newell Avenue/El Mirador intersection to Blackwood Drive within the City of Walnut Creek and from Blackwood Drive to Adeline Drive in unincorporated Contra Costa, shown in Exhibit A, attached hereto and incorporated herein by reference. The PROJECT is located entirely within unincorporated Contra Costa County and incorporated City of Walnut Creek. B. COUNTY adopted Ordinance No. 2021-37 on November 9, 2021, reestablishing the Central County Area of Benefit (AOB) and revising transportation mitigation fees for transportation improvements needed to mitigate impacts of new development in the AOB boundary. The PROJECT is identified on the Central County AOB project list, and sufficient funding has been secured to construct the PROJECT. C. COUNTY and CITY intend to define herein the understanding by which COUNTY and CITY are to implement the PROJECT phases described herein. This AGREEMENT describes how the PARTIES will exercise powers common to them within their respective jurisdictions to complete PROJECT-related preliminary design, detailed design, preliminary engineering, environmental clearance and any necessary right of way acquisition. As further described in this AGREEMENT, the PARTIES intend for PROJECT construction to occur after the PARTIES mutually agree to proceed to that PROJECT phase, following any required environmental review under the California Environmental Quality Act (“CEQA”). AGREEMENT Now, therefore, in consideration of the mutual covenants and conditions identified herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CITY agree as follows: 1. PURPOSE. This AGREEMENT is entered into pursuant to Government Code section 6500, et seq., Code of Civil Procedure section 1240.140, Streets and Highways Code sections 943 and 1810, and other applicable laws, to provide for the PARTIES’ exercise of their shared powers for the purpose of completing the PROJECT within their respective jurisdictions. This AGREEMENT sets forth the PARTIES’ obligations to complete activities and pay costs 2 related to PROJECT-related design, environmental documentation and permitting, any necessary right of way acquisition, and construction within their jurisdictions. The estimated PROJECT costs, and approximate allocation of those costs between the PARTIES, are shown in Exhibit B attached hereto and incorporated herein by reference. 2. TERM; EXPIRATION. The term of this AGREEMENT begins on the EFFECTIVE DATE, and it expires upon the CITY’s acceptance of the PROJECT as complete under Section 7, unless this AGREEMENT is terminated earlier in accordance with Section 3(g) or Section 12. 3. PRELIMINARY AND FINAL ENGINEERING; ENVIRONMENTAL REVIEW. a. County’s Obligations. COUNTY shall complete PROJECT preliminary and final design engineering, environmental processing and review, and right-of-way engineering. b. CEQA. COUNTY shall act as the lead agency for the PROJECT for purposes of the California Environmental Quality Act (“CEQA”), and it shall complete all appropriate environmental review under CEQA, as determined by COUNTY, prior to advertising for bids for the PROJECT. CITY shall determine whether it meets the requirements of a responsible agency under CEQA, and, if such requirements are met, CITY shall appropriately participate during PROJECT CEQA environmental review in the capacity of a CEQA responsible agency. c. Project PS&E. COUNTY shall submit to CITY for review 35%, 65%, and 95% plans, specifications, and estimates (each “PS&E”). CITY shall review and comment on each COUNTY submittal within thirty (30) days of receipt of the submittal from the COUNTY. d. Compliance with City Standards. For that portion of the PROJECT within CITY’s jurisdiction, COUNTY shall perform all engineering and design work to the satisfaction of CITY, in accordance with CITY standards and requirements, and in accordance with all applicable State of California, Department of Transportation standard plans and specifications. CITY shall have approval authority over the PROJECT PS&E for that portion of the PROJECT within the CITY’s jurisdiction. e. Discretionary Approvals. Neither COUNTY nor CITY will make any discretionary decision with respect to any portion of the PROJECT until after COUNTY’s and CITY’s respective legislative bodies have approved the PROJECT environmental document(s). COUNTY shall not solicit bids for PROJECT construction until after COUNTY’s and CITY’s legislative bodies approve the PROJECT PS&Es under Section 3(f). f. Approval of Final PS&Es. Before PROJECT construction begins: the final PS&E for the portion of the PROJECT in COUNTY’s jurisdiction shall be approved by either COUNTY’s Board of Supervisors, or by a COUNTY employee who is authorized to exercise discretionary authority to give such approval in conformity with COUNTY standards, as determined by COUNTY in its sole discretion; and the final PS&E for the portion of the PROJECT in CITY’s jurisdiction shall be approved by either CITY’s City Council, or by a CITY employee who is authorized to exercise discretionary authority to 3 give such authority in conformity with CITY standards, as determined by CITY in its sole discretion. g. City’s Ability to Terminate Before Right of Way Acquisition Begins. If, at any time before COUNTY commences any PROJECT Right of Way Activities (defined in Section 4(a), below), CITY determines that it does not have sufficient financial resources to proceed with the PROJECT, CITY may terminate this AGREEMENT by providing written notice to COUNTY. Otherwise, this AGREEMENT may only be terminated under Section 12 (Termination). 4. RIGHT-OF-WAY ACTIVITIES. a. Designation of Party to Perform Right of Way Activities. Pursuant to Code of Civil Procedure section 1240.140, COUNTY is hereby designated as the PARTY to acquire all property and property interests required for the PROJECT within the PARTIES’ jurisdictions, by eminent domain or otherwise, by and through the COUNTY’s Board of Supervisors, COUNTY officials and departments, and COUNTY’s attorneys, including outside counsel (collectively, “Right of Way Activities”). i. COUNTY shall perform all Right of Way Activities for the PROJECT, which may include but may not be limited to acquisition of right of way, slope easements, utility easement, license agreements, temporary construction easements, right of entry permits, storm drainage easements, drainage releases, relinquishment of abutter’s rights, and floating easements for maintenance. ii. COUNTY’s Board of Supervisors may consider adopting a resolution of necessity in accordance with all applicable legal requirements. COUNTY’s Board of Supervisors will exercise its independent discretion in determining whether to adopt any resolution of necessity. Nothing in the AGREEMENT commits the Board of Supervisors to adopting any resolution of necessity. iii. COUNTY shall be the PARTY responsible for conducting all public hearings to the end of adopting a resolution of necessity, and for taking all steps necessary to pursue to conclusion eminent domain proceedings as may be necessary to obtain property and property interests for or relating to the PROJECT, and, in connection therewith, for entering into any and all contracts to obtain performance of all legal (including outside counsel), engineering, appraisal, right-of-way, relocation assistance, expert valuation, and related services (also, collectively, “Right of Way Activities”). b. City’s Acceptance of Project Right of Way. Within ninety (90) days after COUNTY acquires any property or property interests required for the portion of the PROJECT within CITY’s jurisdiction, COUNTY shall transfer to CITY, and CITY shall accept from COUNTY, title to said property or property interests. c. Survival. The obligations in this Section 4 shall survive the expiration or termination of 4 this AGREEMENT. 5. PROJECT CONSTRUCTION. The PARTIES agree that COUNTY will not advertise the PROJECT to solicit bids until after both PARTIES’ authorized representatives mutually agree in writing to proceed to PROJECT bidding (“Notice to Proceed to Bid”). Each PARTY shall require its authorized representative to not unreasonably withhold agreement to proceed to PROJECT bidding. Upon the execution of the Notice to Proceed to Bid by both PARTIES, the PARTIES’ obligations under Section 5 become effective, as further described in this section. a. County as Lead for Construction. COUNTY shall act as lead agency for the PROJECT for construction purposes, and it shall be responsible for the overall management, advertisement, and PROJECT construction contract (“PROJECT Construction Contract”) award. COUNTY shall be responsible for all PROJECT-related contract administration for construction-related activities within the jurisdictional boundaries of the COUNTY and CITY, and for ensuring that the PROJECT is constructed in compliance with all applicable local, state, and federal laws applicable to COUNTY and CITY, including without limitation the applicable provisions of the California Public Contract Code and the California Labor Code. b. Parties’ Review of Bids and Financial Impacts. Within five (5) days after the PROJECT Construction Contract bid submission deadline, and before COUNTY considers awarding a PROJECT Construction Contract to the lowest responsible bidder, COUNTY will notify CITY regarding the amount of the bid from the apparent lowest responsive and responsible bidder and the anticipated amount of the CITY CONSTRUCTION COSTS that CITY would be required to pay under this AGREEMENT. If, within ten (10) days after receiving that information, CITY’s authorized representative reasonably determines that CITY does not have sufficient available financial resources to fund the remaining CITY PRE- CONSTRUCTION COSTS and the C ITY CONSTRUCTION COSTS, the PARTIES’ authorized representatives will negotiate in good faith regarding an amendment to Sections 6(a) and 6(b) of this AGREEMENT to include terms addressing the cost structure for and time period in which CITY will reimburse COUNTY for the difference between (a) the amount of remaining CITY PRE-CONSTRUCTION COSTS, plus the CITY CONSTRUCTION COSTS that the CITY is required to pay under this AGREEMENT, minus (b) CITY’s then available financial resources for remaining CITY PRE- CONSTRUCTION COSTS and CITY CONSTRUCTION COSTS. Nothing in this AGREEMENT requires COUNTY’s Board of Supervisors to exercise its discretion in any particular way in response to, or after considering, PROJECT Construction Contract bids that COUNTY receives; and COUNTY reserves the right for its Board of Supervisors to award a contract to the lowest responsive and responsible bidder, as determined by COUNTY, or to reject all bids received, or to take any other discretionary action authorized by law. c. Issuance of City Encroachment Permit. Upon request by COUNTY or its contractor, CITY shall issue an encroachment permit to COUNTY’s contractor for all improvements constructed under the PROJECT within the jurisdictional boundaries of the CITY, at no 5 fee to COUNTY or its contractor. d. City as Additional Insured. COUNTY shall require the PROJECT construction contractor to maintain, at a minimum, the policies of insurance, at the specified limits, set forth in Exhibit C, attached hereto. COUNTY shall require its PROJECT contractor to name the CITY, its elected officials, officers, directors, employees, agents, and representatives as additional insureds under each insurance policy. Following construction contract award and before construction of the PROJECT begins, the COUNTY shall provide the CITY, or the COUNTY shall require the PROJECT construction contractor to provide the CITY, a certificate of insurance that meets the requirements of this section. e. City as Additional Indemnitee. COUNTY shall require its PROJECT construction contractor to indemnify, defend, and hold harmless CITY to the same extent that the contractor is required to indemnify, defend, and hold harmless COUNTY. f. Bonds. COUNTY shall require its PROJECT contractor to obtain payment and performance bonds that name both COUNTY and CITY as obligees under the bonds. g. Warranty. COUNTY shall require its PROJECT contractor to guarantee to COUNTY and CITY, for a period of one (1) year following acceptance of the PROJECT by COUNTY under Section 7, that the PROJECT is constructed in accordance with the final and as-built PROJECT PS&E, is and will be free from defects, and will perform satisfactorily in accordance with COUNTY and CITY standards and requirements. h. Qualified Representatives. Each of COUNTY and CITY shall designate representatives for all construction-related communications between COUNTY and CITY during the PROJECT construction phase. For PROJECT features within CITY’s jurisdiction, CITY may elect to authorize its qualified representative to have authority to accept or reject work or materials, or to order any actions needed for public safety or the preservation of property, and to assure compliance with all provisions of the CITY’s encroachment permit. CITY’s representative shall have no direct contact with COUNTY’s contractor without COUNTY’s permission, and CITY’s representative shall make all comments and recommendations to the COUNTY’s representative. i. Project Change Orders. COUNTY shall administer all PROJECT change orders. For any PROJECT change order affecting portions of the PROJECT within CITY’s jurisdiction, COUNTY’s authorized representative will provide CITY’s authorized representative a copy of the proposed change order; and CITY’s authorized representative shall respond to the proposed change order within five (5) days after receiving the proposed change order from COUNTY. CITY shall require its authorized representative to not unreasonably withhold approval of any PROJECT change order affecting portions of the PROJECT within CITY’s jurisdiction. j. Unanticipated Physical Conditions. Notwithstanding Section 5(i), if PROJECT changes in CITY’s jurisdiction are required due to unanticipated physical conditions of property required for the PROJECT, and if those PROJECT changes would cause the CITY 6 CONSTRUCTION COSTS to exceed the amount in Exhibit B, the PARTIES’ authorized representatives shall meet and confer regarding proposed PROJECT changes within five (5) days after COUNTY notifies CITY about those PROJECT changes. If CITY’s authorized representative reasonably determines that CITY does not have sufficient available financial resources to fund the increased costs associated with the proposed PROJECT changes, the PARTIES’ authorized representatives will negotiate in good faith regarding an amendment to Section 6(b) of this AGREEMENT to include terms addressing the cost structure for and time period under which CITY will reimburse COUNTY for the increased costs attributable to the proposed PROJECT changes. k. Disputes with the Project Contractor. In the event of a dispute between COUNTY and the COUNTY’s PROJECT construction contractor that could increase the CITY CONSTRUCTION COSTS beyond those listed in Exhibit B, or that could expose CITY to other financial liability not included in Exhibit B, the PARTIES authorized representatives shall negotiate in good faith in an effort to resolve the dispute to their reasonable satisfaction. 6. FINANCIAL RESPONSIBILITY, INVOICING, AND PAYMENT. a. Pre-Construction Costs. CITY shall pay COUNTY the actual costs for all pre-construction activities for that portion of the PROJECT within CITY’s jurisdiction (collectively “CITY PRE-CONSTRUCTION COSTS”), provided that the CITY’s PRE-CONSTRUCTION COSTS shall not exceed the lesser amount of either twenty-five percent (25%) of the CITY CONSTRUCTION COSTS defined in Section 6(b) or $125,000.00. CITY PRE- CONSTRUCTION COSTS include all of preliminary and final engineering, including work to obtain environmental clearance and permits, and all Right of Way Activities, as applicable. CITY PRE-CONSTRUCTION COSTS excludes direct costs associated with right-of-way acquisition such as the direct cost of temporary construction easements, permanent easements, etc. Right-of-way acquisition direct costs within the CITY’s jurisdiction shall be paid by the CITY. The CITY PRE-CONSTRUCTION COSTS are estimated and shown in Exhibit B, attached hereto (currently, line items for the “PE Phase” and “R/W Phase” excluding direct costs associated with right-of-way acquisition). b. Construction Costs. CITY shall pay COUNTY the actual costs to construct and administer the construction of that portion of the PROJECT in CITY’s jurisdiction (“CITY CONSTRUCTION COSTS”). The CITY CONSTRUCTION COSTS are estimated and shown in Exhibit B (currently, line items for the “CON Phase”). Immediately after COUNTY’s award of the PROJECT Construction Contract, the PARTIES agree to replace Exhibit B with a new Exhibit B, in accordance with Section 6(d). c. Invoicing and Payment. COUNTY shall invoice CITY after the following events for all costs incurred by COUNTY: (a) approval of Final PS&Es as specified in Section 3(f); and (b) completion and acceptance as specified in Section 7. CITY shall pay the amount stated on an invoice within forty-five (45) days after receiving the invoice from COUNTY. d. Updating Exhibit B. As of the EFFECTIVE DATE, Exhibit B includes the estimated cost 7 of the PROJECT for both PARTIES. This amount represents the anticipated cost for budgeting purposes, but the amount may not represent the actual cost to complete the PROJECT. The PARTIES’ authorized representatives may agree to replace Exhibit B with a new Exhibit B whenever they deem necessary to update the PROJECT scope of work, cost estimates, and cost allocation shown in Exhibit B. The PARTIES agree that Exhibit B shall be replaced following the award of a PROJECT Construction Contract and after each PROJECT change order. Each new Exhibit B must be signed by authorized representatives of both PARTIES, which shall cause it to be incorporated into this AGREEMENT. The PARTIES acknowledge that a new Exhibit B may include new line items in addition to those referenced in Sections 6(a) and 6(b). e. Survival. The obligations in this Section 6 shall survive the expiration or termination of this AGREEMENT. 7. COMPLETION & ACCEPTANCE. Upon completion of PROJECT construction, as determined by COUNTY, CITY and COUNTY representatives shall conduct a joint final inspection of the PROJECT prior to acceptance of improvements as complete. Following the joint final inspection COUNTY’s Board of Supervisors shall consider accepting the PROJECT as complete. Within thirty (30) days after COUNTY accepts the PROJECT as complete, CITY’s City Council shall consider accepting the portions of the PROJECT in the CITY as complete, which acceptance shall not be unreasonably withheld. After COUNTY accepts the PROJECT as complete, COUNTY shall provide CITY copies of all as-built drawings for the PROJECT improvements. 8. RELEASE OF WARRANTY. Prior to expiration of the one-year warranty period for the contractor’s warranty referenced in Section 5(h), COUNTY’s and CITY’s authorized representatives shall conduct a joint inspection of the PROJECT. The purpose of this joint inspection is to determine whether the PROJECT has performed during the one-year warranty period to COUNTY’s and CITY’s satisfaction. After this joint final inspection, CITY shall provide COUNTY written concurrence for a release of the warranty bond for the PROJECT, which concurrence shall not unreasonably be withheld. Upon receipt of CITY’s written concurrence, COUNTY may release the warranty bond for the PROJECT. The obligations in this Section 8 shall survive the expiration of this AGREEMENT. 9. OWNERSHIP AND MAINTENANCE; INDEMNITY. a. County’s Obligations. After COUNTY accepts the PROJECT as complete under Section 7, COUNTY shall own and maintain the portion of the PROJECT located in COUNTY’s jurisdictional boundaries, shall assume total responsibility for that portion of the PROJECT, and shall defend, indemnify, save, and hold harmless CITY, its governing body, officers, agents, and employees, from and against all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness, or death (“Liabilities”) arising out of or related to the design, construction, use, operation, or maintenance of the portion of the PROJECT located in COUNTY’s jurisdictional boundaries. 8 b. City’s Obligations. After CITY accepts the PROJECT as complete under Section 7, CITY shall own and maintain the portion of the PROJECT located in CITY’s jurisdictional boundaries, shall assume total responsibility for that portion of the PROJECT, and shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers, agents, and employees, from and against all Liabilities arising out of or related to the design, construction, use, operation, or maintenance of the portion of the PROJECT located in the CITY’s jurisdictional boundaries. c. Survival. The obligations in this Section 9 are in addition to the obligations in Section 10. If there is any conflict between a PARTY’s obligations in this Section 9 and the PARTY’s obligations in Section 10, the conflicting obligation in this Section 9 shall prevail and govern. The obligations in this Section 9 shall survive the expiration or termination of this AGREEMENT. 10. HOLD HARMLESS. a. Standard of Care. Nothing in this AGREEMENT is intended to affect the legal liability of any PARTY by imposing any standard of care, with respect to the work performed hereunder, different from the standard of care imposed by law. b. City’s Obligations. CITY shall defend, indemnify, and hold harmless COUNTY, and its governing body, officers, agents, and employees, from and against that portion of any Liabilities related to or arising out of CITY’s performance of its obligations under this AGREEMENT. c. County’s Obligations. COUNTY shall defend, indemnify, and hold harmless CITY, and its governing body, officers, agents, and employees, from and against that portion of any Liabilities related to or arising out of COUNTY’s performance of its obligations under this AGREEMENT. d. Survival. The obligations of this Section 10 shall survive the termination or expiration of this AGREEMENT. If there is any conflict between a PARTY’s obligations in this Section 10 and the PARTY’s obligations in Section 9, the conflicting obligation in Section 9 shall prevail and govern. 11. MODIFICATION. This AGREEMENT may not be modified or amended except in a writing signed by all PARTIES hereto. However, the PARTIES’ authorized representatives may modify this AGREEMENT by updating Exhibit B, as described in and pursuant to Section 6(d). 12. TERMINATION. a. Termination for Cause. If either PARTY reasonably determines that the other PARTY (a) is unable to fulfill the terms of the AGREEMENT, (b) is violating or has violated any laws pertaining to the AGREEMENT or PROJECT, or (c) has failed to cooperate with the other PARTY in accordance with the terms of the AGREEMENT, the aggrieved PARTY shall 9 give the other PARTY written notice specifying the reasons for that determination. Within 10 days thereafter, each PARTY’s designated representative shall meet and cooperate in good faith to attempt to resolve the issue or issues specified in the notice. If the issue or issues cannot be resolved to the reasonable satisfaction of both PARTIES, the aggrieved PARTY may terminate this AGREEMENT immediately upon written notice to the other PARTY. b. Termination upon Mutual Agreement. Except to the extent this AGREEMENT provides otherwise, the PARTIES may terminate this AGREEMENT by mutual written agreement. c. City’s Obligations. If this AGREEMENT is terminated, CITY shall pay COUNTY for costs incurred in connection with the PROJECT up to the date of termination, in accordance with Section 6. 13. NO THIRD-PARTY BENEFICIARIES. Nothing in this AGREEMENT, express or implied, is intended to confer on any person, other than the PARTIES and their successors and assigns, any rights or remedies by reason of this AGREEMENT. 14. AGREEMENT CONSTRUCTION. The section headings and captions of this AGREEMENT are, and the arrangement of this AGREEMENT is, for the sole convenience of the PARTIES to this AGREEMENT. The section headings, captions, and arrangement of this AGREEMENT do not in any way affect, limit, amplify, or modify the terms and provisions of this AGREEMENT. This AGREEMENT shall not be construed as if it had been prepared by one of the PARTIES, but, rather, as if all PARTIES have prepared it. The PARTIES to this AGREEMENT and their attorneys have read and reviewed this AGREEMENT and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this AGREEMENT. 15. ENTIRE AGREEMENT. This AGREEMENT contains the entire understanding of the PARTIES relating to the subject matter of this AGREEMENT. No promise, representation, warranty or covenant not included in this AGREEMENT has been or is relied upon by any PARTY. 16. COUNTERPARTS. This AGREEMENT may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this AGREEMENT will not become effective until counterparts have been executed by both PARTIES. Faxed signatures on this AGREEMENT or any notice, consent, or amendment required under this AGREEMENT are binding. 17. NOTICES. All correspondence regarding this AGREEMENT, including invoices, payments, and notices shall be directed to the following persons at the following addresses and facsimile numbers, which may be changed by written notice from one PARTY to the other: COUNTY: CITY: 10 Brian Balbas, Public Works Director 255 Glacier Drive Martinez, CA 94553-4825 Fax: (925) 313-2333 Heather Ballenger, Public Works Director 1666 North Main Street Walnut Creek, CA 94956 Fax: (925) XXX-XXXX or to such other addresses as the COUNTY and CITY may respectively designate by written notice to the other PARTY. Notice shall be deemed given on the same day if it is personally delivered, on the next day if it is delivered by overnight delivery, or on the fifth (5th) day after the postmark date if it is given by U.S. Mail. 18. GOVERNING LAW. This AGREEMENT will be governed and construed in accordance with California law. 19. WAIVER. A waiver or breach of any covenant or provision in this AGREEMENT will not be deemed a waiver of any other covenant or provision in this AGREEMENT, and no waiver will be valid unless in writing and executed by the waiving PARTY. 20. SEVERABILITY. If any term or provision of this AGREEMENT is, to any extent, held invalid or unenforceable by a court of competent jurisdiction, this AGREEMENT shall be construed as not containing that term, and the remainder of this AGREEMENT shall remain in full force and effect; provided, however, this section shall not be applied to the extent that it would result in a frustration of the PARTIES’ intent under this AGREEMENT. 21. ASSIGNMENT AND DELEGATION. This AGREEMENT, and any portion hereof, shall not be assigned or transferred, nor shall all or any part of a PARTY’s duties be delegated, without the written consent of the other PARTY. Any attempt to assign or delegate this AGREEMENT or any part hereof without the prior written consent of the other PARTY shall be void and of no force or effect. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. 22. FURTHER ASSURANCES. Whenever requested to do so by the other PARTY, each PARTY will execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all obligations, conveyances, transfers, and assignments under this AGREEMENT, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this AGREEMENT. 23. COUNTERPARTS. This AGREEMENT may be executed in counterparts that, together, constitute one and the same instrument. [Signatures appear on following page.] 11 IN WITNESS WHEREOF, the PARTIES have each executed this AGREEMENT as of the EFFECTIVE DATE. CONTRA COSTA COUNTY: CITY OF WALNUT CREEK: By:________________________________ By:________________________________ Warren Lai Public Works Director Dan Buckshi City Manager APPROVED AS TO FORM: Thomas L. Geiger County Counsel APPROVED AS TO FORM: By:________________________________ By:________________________________ County Counsel City Attorney AN D R E A D R NEWELL AVESAN MIGUEL DRSAN MIGUEL DRProject BeginEL MIRADOR LEGENDConcrete SidewalkAsphalt at GradeDetectable Warning SurfaceAsphalt BermProposed / Existing Storm DrainPotential ObstructionTree Within ProjectFile Path G:\transeng\Projects\San Miguel Drive Pedestrian Path\10- CAD\7 - Layout (v4, 2023-09-13).dwg Plot Date:9/13/2023 11:22:23 AMContra Costa CountyPublic Works Department255 Glacier Drive Martinez, CA 94553PH: (925) 313-2000 FAX: (925) 313-2333CONCEPTUAL PLANSAN MIGUEL DRIVE PEDESTRIAN PATHNEWELL AVENUE TO ADELINE DRIVE DRAWN BY: JL SHEET: 1 OF 5 DATE: 09/12/2023 CAD FILE:SCALE:1'' = 15' CHECKED BY: JSSAN MIGUEL DRIVE PED PATHInstall Case A rampModify existingramp to Case CFire hydrantModify or relocatedrainage inletCity Limits14' Existing Travel LaneRelocate stop barbehind path of traveland centerline dots as neededModify or relocate drainage inletInstall Case A rampRaise manhole, locateout of curb rampMatch Line Sheet 2 NOTES:1. Sidewalk within City of Walnut Creek shallconform to City Standard Plans CC-1 to CC-9.2. Drainage has not been finalized.3. Utility poles will typically have an AC dike or6" curb, 10' before and after the pole, whenpossible.4. Obstructions may need to be relocated.5. Conform pathway to existing driveways.6. Curb ramps are Type C unless otherwisenoted. Proposed curb ramp cases maychange upon further design and as dictatedby site conditions.Exhibit A SANT A R I T A D R MEADOW CREEK CT SAN MIGUEL DRFile Path G:\transeng\Projects\San Miguel Drive Pedestrian Path\10- CAD\7 - Layout (v4, 2023-09-13).dwg Plot Date:9/13/2023 11:25:06 AMContra Costa CountyPublic Works Department255 Glacier Drive Martinez, CA 94553PH: (925) 313-2000 FAX: (925) 313-2333CONCEPTUAL PLANSAN MIGUEL DRIVE PEDESTRIAN PATHNEWELL AVENUE TO ADELINE DRIVE DRAWN BY: JL SHEET: 2 OF 5 DATE: 09/12/2023 CAD FILE:SCALE:1'' = 15' CHECKED BY: JSSAN MIGUEL DRIVE PED PATH5' Typ.Match LineSheet 1Match Line Sheet 3Retaining walls12' Existing Travel LaneExhibit A BLACKWOOD DR SAN MIGUEL DRCITY OF WALNUT CREEKCOUNTY OF CONTRA COSTAFile Path G:\transeng\Projects\San Miguel Drive Pedestrian Path\10- CAD\7 - Layout (v4, 2023-09-13).dwg Plot Date:9/13/2023 11:26:18 AMContra Costa CountyPublic Works Department255 Glacier Drive Martinez, CA 94553PH: (925) 313-2000 FAX: (925) 313-2333CONCEPTUAL PLANSAN MIGUEL DRIVE PEDESTRIAN PATHNEWELL AVENUE TO ADELINE DRIVE DRAWN BY: JL SHEET: 3 OF 5 DATE: 09/12/2023 CAD FILE:SCALE:1'' = 15' CHECKED BY: JSSAN MIGUEL DRIVE PED PATHMailboxRelocatedrainage inletEdge ofpavementEdge of pavementUtility pole11' Existing Travel Lane12' Existing Travel Lane5' Typ.5' Typ.Stripe crosswalkRelocate stop barbehind path of travelMatch LineSheet 2Match Line Sheet 4Inground utility boxesExhibit A CITY OF WALNUT CREEKCOUNTY OF CONTRA COSTASAN MIGUEL DRFile Path G:\transeng\Projects\San Miguel Drive Pedestrian Path\10- CAD\7 - Layout (v4, 2023-09-13).dwg Plot Date:9/13/2023 11:23:35 AMContra Costa CountyPublic Works Department255 Glacier Drive Martinez, CA 94553PH: (925) 313-2000 FAX: (925) 313-2333CONCEPTUAL PLANSAN MIGUEL DRIVE PEDESTRIAN PATHNEWELL AVENUE TO ADELINE DRIVE DRAWN BY: JL SHEET: 4 OF 5 DATE: 09/12/2023 CAD FILE:SCALE:1'' = 15' CHECKED BY: JSSAN MIGUEL DRIVE PED PATHUtility poleUtility polePlace porous rubberized surfaceunder existing drip line of tree11' Existing Travel Lane5' Typ.Match LineSheet 3Match Line Sheet 5 Exhibit A A D E L I N E D R NO R R I S R D EL CAMINO CORTO SAN MIGUEL DRProject EndCITY OF WALNUT CREEKCOUNTY OF CONTRA COSTAFile Path G:\transeng\Projects\San Miguel Drive Pedestrian Path\10- CAD\7 - Layout (v4, 2023-09-13).dwg Plot Date:9/13/2023 11:28:06 AMContra Costa CountyPublic Works Department255 Glacier Drive Martinez, CA 94553PH: (925) 313-2000 FAX: (925) 313-2333CONCEPTUAL PLANSAN MIGUEL DRIVE PEDESTRIAN PATHNEWELL AVENUE TO ADELINE DRIVE DRAWN BY: JL SHEET: 5 OF 5 DATE: 09/12/2023 CAD FILE:SCALE:1'' = 15' CHECKED BY: JSSAN MIGUEL DRIVE PED PATHRelocate stop marking andstop bar behind path of travel11' Existing Travel Lane5' Typ.Match LineSheet 4Exhibit A Transportation Engineering Planning Cost Estimate Contra Costa County Public Works Department WOXXXX Description:Prepared by:Joe Smithonic Date of Estimate:1/23/2023 R = 5, TI = 6.5 Revision No.: 2100 Revision Date: Revised by: No.Bid Code Unit Quantity Total (2023)Escalated Unit Costs (2026) Escalated Total (2026) 1 070030 LS 1 2,000$ $ 2,336.00 $ 2,336 2 120090 LS 1 10,000$ $ 11,680.00 $ 11,680 3 120100 LS 1 50,000$ $ 58,401.00 $ 58,401 4 130200 LS 1 1,000$ $ 1,168.00 $ 1,168 5 130200 LS 1 5,000$ $ 5,840.00 $ 5,840 6 999990 LS 1 75,000$ $ 87,601.50 $ 87,602 City of Walnut Creek: Newell Avenue to Blackwood Drive 7 260202 TON 160 32,000$ $ 233.50 $ 37,360 8 390132 TON 60 21,000$ $ 409.00 $ 24,540 9 731504 LF 640 128,000$ $ 233.50 $ 149,440 10 731510 SF 4300 129,000$ $ 35.00 $ 150,500 11 731510 CY 12 10,800$ $ 1,051.00 $ 12,612 12 846035 LS 1 2,000$ $ 2,336.00 $ 2,336 13 707106 EA 3 25,500$ $ 9,928.00 $ 29,784 14 707106 EA 1 7,000$ $ 8,176.00 $ 8,176 15 650012 LF 600 120,000$ $ 233.50 $ 140,100 16 840519 SF 30 600$ $ 23.50 $ 705 17 730070 SF 96 7,680$ $ 93.50 $ 8,976 Contra Costa County: Blackwood Drive to Adeline Drive 18 260202 TON 395 79,000$ $ 233.50 $ 92,233 19 390132 TON 200 70,000$ $ 409.00 $ 81,800 20 390401 TON 3 2,700$ $ 1,051.00 $ 3,153 21 394073 LF 615 24,600$ $ 46.50 $ 28,598 22 731510 CY 0 -$ $ 1,051.00 $ - 23 846035 LS 1 2,000$ $ 2,336.00 $ 2,336 24 707106 EA 1 7,000$ $ 8,176.00 $ 8,176 25 840519 SF 140 2,800$ $ 23.50 $ 3,290 26 840515 SF 22 440$ $ 23.50 $ 517 27 730070 SF 48 3,840$ $ 93.50 $ 4,488 $ - $ - Contract Cost:818,960$ 956,146$ SOFT COSTS Current Cost Escalated Cost Contingency:10%81,896$ 95,615$ 20,000$ 23,000$ Total Contract Cost:900,856$ $ 1,051,760 5,000$ 6,000$ 215,000$ 250,000$ SUBTOTALS SUBTOTALS (2026) 15,000$ 18,000$ PE Phase:240,000$ $ 279,000 5,000$ 6,000$ R/W Phase:40,000$ $ 47,000 20,000$ 23,000$ CON Phase:1,023,856$ $ 1,195,760 123,000$ 144,000$ GRAND TOTAL:1,303,856$ $ 1,521,760 -$ -$ SUBTOTAL 403,000$ 470,000$ ESTIMATE YEAR:2023 * Design Engineering is minimum 15% of contract items. ($100,000 min.)ESCALATION YEAR:2026 * Construction Engineering is minimum 15% of contract items. ($20,000 min.)ESCALATION RATE:16.80% TOTAL (2026 Dollars)1,522,000$ Project Name:San Miguel Drive Pedestrian Pathway Construct an ADA-compliant pedestrian pathway in two segments: (1) asphalt with berm, and (2) concrete sidewalk with curb and gutter. Location:San Miguel Drive from Newell Avenue to Adeline Drive Assumptions: Length (LF): Description Unit Cost (2023) Lead Compliance Plan 2,000.00$ Construction Area Signs 10,000.00$ Traffic Control System 50,000.00$ Prepare Water Pollution Control Program 1,000.00$ Minor Concrete (Curb and Gutter)200.00$ Water Pollution Control 5,000.00$ Class 2 Aggregate Base (TON)200.00$ Hot Mix Asphalt (Type A)350.00$ Mobilization 75,000.00$ Minor Concrete (Sidewalk)30.00$ Minor Concrete (Driveway)900.00$ Remove Traffic Stripe and Pavement Markings 2,000.00$ Thermoplastic Pavement Marking - Stop Line/Crosswalk (12")20.00$ Detectable Warning Surfaces 80.00$ Minor Concrete (Type G Inlet)8,500.00$ Minor Concrete (Type J Inlet)7,000.00$ 15" Reinforced Concrete Pipe 200.00$ PEPreliminary Engineering (TE) Environmental Design Engineering*R/WRight-of-Way Engineering Real Estate Right-of-Way Acquisition CONConstruction Engineering* Environmental Monitoring and Mitigation Fees Class 2 Aggregate Base (TON)200.00$ Hot Mix Asphalt (Type A)350.00$ Hot Mix Asphalt-Open Graded (Open Graded Friction Course)900.00$ Minor Concrete (Driveway)900.00$ Remove Traffic Stripe and Pavement Markings 2,000.00$ Place Hot Mix Asphalt Dike (Type A)40.00$ Minor Concrete (Type J Inlet)7,000.00$ Detectable Warning Surfaces 80.00$ Thermoplastic Pavement Marking - Stop Line/Crosswalk (12")20.00$ Thermoplastic Pavement Marking - Stop 20.00$ G:\transeng\Projects\San Miguel Drive Pedestrian Path\06 - Cost - Qty\Cost Estimate (v6, 2023-0321)Date Printed: 9/5/2023 Exhibit B Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C Exhibit C 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2357 Name: Status:Type:Consent Item Passed File created:In control:7/22/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with The Watershed Project, effective August 6, 2024, to increase the payment limit by $230,000 to a new payment limit of $752,500 and extend the term through October 31, 2025, for on- call technical assistance and support under the current National Pollutant Discharge Elimination System permit requirements, Countywide. (100% Stormwater Utility Area Assessment Funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Contract Amendment with The Watershed Project, Countywide. Project No. 7517-6W7083 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director,or designee to execute a contract amendment with The Watershed Project,effective August 6,2024,to increase the payment limit by $230,000 to a new payment limit of $752,500 and extend the term through October 31,2025,for on-call technical assistance and support under the current National Pollutant Discharge Elimination System (NPDES) Program. FISCAL IMPACT: This project is funded by 100% Stormwater Utility Area Assessment Funds. BACKGROUND: The County Watershed Project Program (CWP)is responsible for implementing measures to reduce trash/litter and other pollutants of concern found on local waterways in unincorporated Contra Costa County.As such, CWP requires routine and on-call assistance with coordination and support for implementing the Contra Costa County Green Infrastructure Plan,trash control measures,and public outreach for activities related to provisions C.3,New Development;C.7,Public Outreach;C.10,Trash Control Measures;and C.12, Polychlorinated Biphenyls controls,in order to comply with the Municipal Regional Stormwater NPDES Permit (MRP)from the California Regional Water Quality Control Board,San Francisco Bay Region (Water Board). CONSEQUENCE OF NEGATIVE ACTION: Without the approval of this contract by the Board of Supervisors,Contra Costa County will be out of compliance with the MRP from the Water Board. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2357,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2358 Name: Status:Type:Consent Item Passed File created:In control:7/22/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a reimbursement agreement with East Bay Regional Park District to reimburse them for pumping activities benefitting the Knightsen area in an amount not to exceed $86,790 for the 2022-2023 winter and an amount not to exceed $25,000 each year thereafter, using remaining Knightsen Town Community Services District funds, Knightsen area. (100% Knightsen Town Community Services District Funds) Attachments:1. CCC-EBRPD Knightsen Reimbursement Agreement Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Reimbursement Agreement with East Bay Regional Park District, Knightsen area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a reimbursement agreement between the County and East Bay Regional Park District (EBRPD) to reimburse them for pumping activities benefitting the Knightsen area in an amount not to exceed $86,789.86 for the 2022-2023 winter and an amount not to exceed $25,000 each year thereafter, using remaining Knightsen Town Community Services District (CSD) funds. DETERMINE that using remaining CSD funds for this purpose benefits lands, inhabitants, and taxpayers within the territory of the former CSD. FISCAL IMPACT: Reimbursement requests may be paid using remaining CSD funds until depleted. No general fund monies are involved. Project No. 7505-6F8228 BACKGROUND: The EBRPD owns property in the Knightsen area, identified as Assessor’s Parcel Numbers 020-172-001 and 020-171-004. From time to time during heavy rain events, stormwater accumulates on the surface of the property and other properties in the Knightsen area. Historically, EBRPD, and the prior owner of the property, have accepted stormwater from adjacent areas onto the property and pumped the stormwater over a levee and into No Name Slough. Accepting the stormwater onto EBRPD property and pumping the water into No Name Slough benefit surrounding properties by preventing an accumulation of stormwater that could impact other properties and the safety of Knightsen residents. Historically, the CSD would reimburse a portion of these pumping costs using funds generated from a special tax on Knightsen area parcels that was intended to fund CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.78 File #:24-2358,Version:1 pumping and flood control activities in the Knightsen area. In the winter of 2022-2023,the Knightsen area experienced unusually significant rainfall over a prolonged period of time,resulting in a substantial amount of stormwater in the area.To help the Knightsen area residents, EBRPD accepted stormwater onto its property and,in that winter alone,incurred approximately $170,000 in costs for various activities, including to pump the stormwater into No Name Slough. In 2023,the CSD pursued its own dissolution before the Contra Costa County Local Agency Formation Commission (LAFCO).In the dissolution proceeding,LAFCO dissolved the CSD and named the County as the successor agency responsible for winding up the CSD’s affairs.Following CSD dissolution,the County received all remaining CSD funds -approximately $176,448.80 -which may be used for any lawful purpose. Under LAFCO law,to the extent practicable,these funds should be used for the benefit of lands,inhabitants, and taxpayers within the territory of the former CSD. (Gov, Code, §§ 57457(b). 57463.) EBRPD’s pumping activities benefit lands and inhabitants within the former CSD.During the 2022-2023 winter,those activities were a benefit to the Knightsen area,but they required EBRPD to incur a significant financial cost.Under the reimbursement agreement,EBRPD may request reimbursement of a portion of its pumping cost from remaining CSD funds held by the County.For the winter of 2022-2023,EBRPD can request up to $86,789.86,and each year thereafter EBRPD can request up to $25,000 (until remaining CSD funds are depleted or the agreement is terminated, whichever occurs first). This use of CSD funds is consistent with LAFCO law.Further,using CSD funds for this purpose is consistent with the purpose of the CSD’s special tax.For these reasons,Public Works Department staff recommend that the Board approve the reimbursement agreement. CONSEQUENCE OF NEGATIVE ACTION: If the reimbursement agreement is not approved,EBRPD will not be reimbursed for stormwater pumping costs that benefit Knightsen. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1 REIMBURSEMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE EAST BAY REGIONAL PARK DISTRICT RELATED TO THE DISTRICT’S KNIGHTSEN PROPERTY PUMPING ACTIVITIES This Reimbursement Agreement (“Agreement”) is entered into as of August 6, 2024 (“Effective Date”) by and between Contra Costa County, a political subdivision of the State of California (“County”), and the East Bay Regional Park District, a special district (“EBRPD”). The County and EBRPD are sometimes referred to herein together as the “Parties,” and each individually as a “Party.” RECITALS A. EBRPD owns certain real property in the Knightsen Area commonly identified as Assessor’s Parcel Numbers 020-172-001 (“North Parcel”) and 020-171-004 (“South Parcel”). The North Parcel and the South Parcel are sometimes referred to herein together as the “Property.” B. From time to time during heavy rain events, stormwater accumulates on the surface of the Property and other properties in the Knightsen area. Historically, EBRPD, and the prior owner of the Property, have accepted stormwater from adjacent areas onto the Property so that the stormwater could be pumped over a levee and discharged into No Name Slough. In some years, the Knightsen Town Community Services District (“CSD”) reimbursed a portion of those pumping costs. Accepting stormwater onto the Property and pumping the stormwater into No Name Slough benefits some properties in Knightsen by preventing an accumulation of stormwater that could impact those properties and the safety of Knightsen residents. C. In 2023, the CSD applied to the Contra Costa County Local Agency Formation Commission (“LAFCO”) to be dissolved, and LAFCO approved the CSD’s dissolution. As part of the LAFCO dissolution proceedings, LAFCO designated the County as the successor agency responsible for winding up the CSD’s affairs. Following the winding up of the CSD’s affairs, remaining CSD funds (“CSD Funds”) were retained by the County. D. Under LAFCO law, to the extent practicable, the CSD Funds should be used for the benefit of lands within the Knightsen area. The purpose of this Agreement is to provide for the reimbursement of excessive stormwater pumping costs that EBRPD incurs to pump stormwater that accumulates on the Property into No Name Slough for the benefit of the Property and other properties in the Knightsen area (the “Pumping Activities”). For purposes of this Agreement, Pumping Activities do not include draining or pumping stormwater that accumulates as rainfall on the Property, alone; Pumping Activities include draining and pumping any excess stormwater that accumulates on the Property after being diverted or directed onto the Property from one or more other properties in the Knightsen area. E. During the winter of 2022-2023, the Knightsen area experienced exceptionally wet weather over a sustained period of time, causing stormwater to accumulate on the Property, and EBRPD responded with resources including Pumping Activities. EBRPD incurred direct costs of approximately $107,000, and indirect costs and staff time totaling approximately $63,000, to 2 perform various activities at the Property, including Pumping Activities in response to the storms. EBRPD also incurred other costs related to a berm failure. F. EBRPD’s Pumping Activities directly benefit lands and residents within the former CSD, including Pumping Activities in the 2022-2023 winter. The purpose of this Agreement is to set forth terms under which EBRPD may request reimbursement, from CSD Funds, of a portion of EBRPD’s costs associated with EBRPD’s Pumping Activities. NOW, THEREFORE, for good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Term; Termination. The term of this Agreement (“Term”) commences on the Effective Date. Either Party may terminate this Agreement upon 30 days’ advance written notice to the other Party identifying the termination date. 2. Financial Assistance. (a) EBRPD Reimbursement Requests. Prior to each September 1 during the Term, EBRPD’s General Manager, or designee (“General Manager”), may make a written request (“Reimbursement Request”) to County’s Public Works Director, or designee (“Director”), for financial assistance to help defray EBRPD’s costs for Pumping Activities performed during the 12-month period that ends on the April 30 that immediately precedes the September 1 deadline (e.g., for the September 1, 2024 deadline, the period from May 1, 2023, through April 30, 2024); provided, however, that a Reimbursement Request for Pumping Activities during the period from May 1, 2022, through April 30, 2023, may be submitted by September 1, 2024. Each Reimbursement Request will be in an amount determined by the General Manager, provided that EBRPD’s annual Reimbursement Request for Pumping Activities during the May 1, 2022, through April 30, 2023 period may not exceed $86,789.86, and no other annual Reimbursement Request may exceed $25,000. Each Reimbursement Request must be in the format of an invoice that lists, in sufficient detail, the labor, equipment, contractors, and rentals used for the Pumping Activities. Each Reimbursement Request must include an accompanying description of the Pumping Activities that establishes, to the satisfaction of the Director, that the activities are connected with pumping excess stormwater that accumulates on the Property after being allowed onto the Property from other properties in the Knightsen area. (b) Director’s Consideration of Requests. Within 30 days following receipt of a timely submitted Reimbursement Request, the Director will notify the General Manager in writing of either the approval, in whole or in part, or the denial of the request, which shall be within the Director’s sole discretion to provide. If the Director approves a Reimbursement Request, in whole or in part, the County will issue payment to EBRPD from CSD Funds within 60 days following the approval of the Reimbursement Request. EBRPD shall use those funds only for the purposes stated on the Reimbursement Request. 3 (c) Funding Limitations. CSD Funds will be used to pay Reimbursement Requests made and approved under this Agreement. Nothing in this Agreement requires, nor shall it be construed to require, the County to use other County funds to pay any amounts requested in a Reimbursement Request. 3. Other Funding Sources. EBRPD will endeavor to seek other funding sources to pay for Pumping Activities. These other funding sources may include but may not be limited to grant or disaster relief funds made available by federal and state agencies. If County staff become aware of any such funding opportunities, staff will endeavor to provide that information to EBRPD. EBRPD will not request funding under this Agreement for that portion of any Pumping Activities funded from other sources. 4. Audit. During the term of this Agreement and for four years following its termination, EBRPD shall maintain and make available to the County for inspection and copying all records related to EBRPD’s use of CSD Funds under this Agreement. Upon request by the County, EBRPD will make all such records available to the County’s officers, employees, agents, representatives, and auditors, either electronically or at EBRPD’s principal office designated in Section 6, during EBRPD’s regular business hours. 5. Indemnification. EBRPD shall indemnify, defend, and hold harmless the County, its officers, employees, agents, and representatives (“Indemnitees”) from any and all claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, damages (including but not limited to damages and liability in inverse condemnation), penalties, expenses, and costs of any kind, whether actual, alleged, or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, expert witness fees, and attorney’s fee awards (collectively, “Liabilities”) to the extent that the Liabilities arise from or are connected with any Pumping Activities, or to the extent that the Liabilities arise from EBRPD’s use of CSD Funds for purposes other than the Pumping Activities. This Section 5 shall survive the termination of this Agreement. 6. Notices. All notices shall be in writing and shall be served in any of the following manners: (a) by personal delivery during usual business hours at the principal office of the receiving Party; or (b) by deposit in the United States mail, with First Class postage prepaid, and addressed to the receiving Party at its principal office; or (c) by deposit with an overnight carrier for next business day delivery to the receiving Party at its principal office, with all delivery charges prepaid. The Parties’ principal offices for purposes of this Agreement are as follows: County: Contra Costa County Public Works Department Attn: Tim Jensen, Flood Control Division 255 Glacier Drive Martinez, CA 94553 Email: tim.jensen@pw.cccounty.us 4 EBRPD: Brian Holt Chief of Planning, Trails and GIS East Bay Regional Park District 2950 Peralta Oaks Court, Oakland, CA 94605 Phone: (510) 544-2623 Email: BHolt@ebparks.org Service of notice pursuant to this Section shall be deemed complete on the day of service by personal delivery, or on the third day following the postmark date if deposited in the United States Mail, or on the next business day following the date the notice is deposited with an overnight carrier for next business day delivery. A Party may change its principal office address by delivering written notice to the other Party in the manner required by this Section at least five days before the change in address becomes effective. The Parties will endeavor to send a courtesy copy of any notice by email, but the Parties agree that an emailed courtesy copy of a notice does not substitute for service of the notice in accordance with this Section. 7. Governing Law. This Agreement shall be construed in accordance with and governed by laws of the State of California. 8. Entire Agreement; Amendment. This Agreement represents the entire and integrated agreement between the Parties as to the subject matter referenced herein. This Agreement may be amended in a writing executed by the Parties following approval by the Parties’ governing bodies. 9. Severability. No provision of this Agreement shall be interpreted to require any unlawful action by any Party. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, then the meaning of that term or portion of this Agreement shall be construed so as to render it enforceable to the extent feasible. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and, when taken together with all other signed counterpart, shall constitute one and the same instrument. 11. Compliance with Laws. In the performance of this Agreement, the Parties shall observe and comply with all applicable federal, state, and local laws and regulations, including but not limited to those relating to licensing, employment, and purchasing practices, and wages, hours, and conditions of employment, including those relating to nondiscrimination. 12. No Third-Party Beneficiaries. This Agreement is only for the benefit of the Parties as public entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or third parties. No person or entity other than the Parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever. [Remainder of page left blank. Signatures on next page.] 5 EAST BAY REGIONAL PARK DISTRICT By: _________________________ General Manager Approved as to form: By: _________________________ District Counsel SMS:TJ CONTRA COSTA COUNTY By: _________________________ Public Works Director/Designee Approved as to form: Thomas L. Geiger, County Counsel By: _________________________ Assistant County Counsel \\PW-DATA\grpdata\fldctl\Watershed Planning - Engineering\Knightsen Area\EBRPD\CCC-EBRPD Knightsen Reimbursement Agreement - Final 070124.docx 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2359 Name: Status:Type:Consent Item Passed File created:In control:7/23/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Massone Mechanical, Inc., to increase the payment limit by $1,000,000 to a new payment limit of $2,300,000 and extend the term through May 31, 2026, for on-call refrigeration maintenance and repair services at various County sites and facilities, Countywide. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Amendment No. 2 with Massone Mechanical, Inc., a California Corporation, Countywide. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract amendment with Massone Mechanical,Inc.,to increase the payment limit by $1,000,000 to a new payment limit of $2,300,000 and extend the term through May 31,2026,for on-call refrigeration maintenance and repair services at various County sites and facilities, Countywide. FISCAL IMPACT: Facilities Maintenance Budget. (100% General Fund) BACKGROUND: The Public Works Department,Facilities Services is responsible for the maintenance and repairs to all the County’s refrigerated units.Medical refrigerators are used to store highly sensitive vaccines and other medications in the County Hospitals,Clinics,and Public Health offices.There are over 300 refrigeration units throughout the County.Approximately 250 of those units are Follett Medical Refrigerators.These refrigerators were chosen because of their dependability and features.Massone Mechanical,Inc.,is the only factory authorized Follett Refrigerator repair company in the area. Additionally,Massone Mechanical,Inc.,has the tools,equipment,and training to service all the County refrigeration units.The Public Works Department originally awarded a three (3)year contract with the term CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2359,Version:1 June 1, 2021 through May 31, 2024. Facilities Services is requesting Amendment No.2 with Massone Mechanical,Inc.to be approved,increasing the Contract amount from $1,300,000 to $2,300,000 and extending the term from May 31,2024 to May 31, 2026 to ensure the County has continued access to the Contractor’s services. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of this Contract Amendment No.2,refrigeration maintenance and repair services with Massone Mechanical, Inc. will discontinue, and future projects will not be completed. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2360 Name: Status:Type:Consent Item Passed File created:In control:7/16/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:AWARD and AUTHORIZE the Public Works Director, or designee, to execute three on-call contracts with Hennessey’s Construction and Fence, Alta Fence Co., and Crusader Fence Company LLC in the amount of $400,000, for the 2024 On-Call Fencing Services Contract(s) for Various Road, Flood Control, and Facilities Maintenance Work, Countywide. (100% Various Road, Flood Control District, and General Funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:2024 On-Call Fencing Services Contract(s) for Various Road, Flood Control, and Facilities Maintenance Work, Countywide. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: (1)APPROVE specifications for the 2024 On-Call Fencing Services Contract(s)for Various Road,Flood Control, and Facilities Maintenance Work, Countywide area. Project No. 94031A-24. (2)DETERMINE that Hennessey’s Construction and Fence (“Hennessey’s”),the lowest monetary bidder,has complied with the requirements of the project specifications;and FURTHER DETERMINE that Hennessey’s has submitted the lowest responsive and responsible bid for this project. (3)DETERMINE that Alta Fence Co.(“Alta”),the second lowest monetary bidder,has complied with the requirements of the project specifications;and FURTHER DETERMINE that Alta has submitted the second lowest responsive and responsible bid for this project. (4)DETERMINE that Crusader Fence Company LLC (“Crusader”),the third lowest monetary bidder,has complied with the requirements of the project specifications;and FURTHER DETERMINE that Crusader has submitted the third lowest responsive and responsible bid for this project (5)AWARD on-call contracts to the following three contractors in the following priority for Job Orders,as provided in the project specifications: (A)Hennessey’s,in a not to exceed amount ($400,000)and the unit prices submitted in the bid ($10,924.00 Total Unit Price). (B)Alta,in a not to exceed amount ($400,000)and the unit prices submitted in the bid ($14,451.82CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 3 powered by Legistar™ File #:24-2360,Version:1 (B)Alta,in a not to exceed amount ($400,000)and the unit prices submitted in the bid ($14,451.82 Total Unit Price). (C)Crusader,in a not to exceed amount ($400,000)and the unit prices submitted in the bid ($29,970.00 Total Unit Price). (6) DIRECT that the Public Works Director, or designee, shall prepare the contracts. (7)ORDER that,after the contractors have signed the contracts and returned them,together with any required certificates of insurance and other required documents,and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contracts for this Board. (8)ORDER that,the Public Works Director,or designee,is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract,pursuant to Public Contract Code Section 22300. (9)DELEGATE,pursuant to Public Contract Code Section 4114,to the Public Works Director,or designee,the Board’s functions under Public Contract Code Sections 4107 and 4110. (10)DECLARE that,should the award of the contract to Hennessey’s,Alta,and Crusader be invalidated for any reason,the Board would not in any event have awarded the contracts to any other bidder,but instead would have exercised its discretion to reject all of the bids received.Nothing in this Staff Report shall prevent the Board from re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake,refuses to sign the contract,or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). FISCAL IMPACT: The contract,for a maximum amount of $400,000,will be funded by 100%Various Road,Flood Control District, and General Funds. BACKGROUND: The above project was previously approved by the Board of Supervisors,plans and specifications were filed with the Board,and bids were invited by the Public Works Director.On July 9,2024 the Public Works Department received bids from the following contractors: BIDDER, TOTAL UNIT AMOUNT Hennessey’s Construction and Fence, $10,924.00 Total Unit Price Alta Fence CO., $14,451.82 Total Unit Price Crusader Fence Company LLC, $29,970.00 Total Unit Price Hennessey’s submitted the lowest responsive and responsible bid,which is $3,527.82 (Total Unit Price)less than the next lowest bid. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 3 powered by Legistar™ File #:24-2360,Version:1 Alta submitted the second lowest responsive and responsible bid. Crusader submitted the third lowest responsive and responsible bid The Public Works Director has reported that the bids submitted by Hennessey’s,Alta,and Crusader comply with the requirements of the project specifications,and recommends that contracts be awarded to Hennessey’s, Alta,and Crusader in that order.The Public Works Director recommends that the bids submitted by Hennessey’s,Alta,and Crusader are the lowest responsive and responsible bids and this Board so concurs and finds.As provided in the project specifications,the three on-call contracts would be awarded in the following priority for Job Orders:(1)Hennessey’s and (2)Alta and (3)Crusader.The contracts will be for a one-year period, with the option of two one-year extensions. The general prevailing rates of wages,which shall be the minimum rates paid on this project,have been filed with the Clerk of the Board, and copies will be made available to any party upon request. CONSEQUENCE OF NEGATIVE ACTION: The Public Works Department may be unable to complete routine road,flood control,and facilities maintenance work in a timely manner. CONTRA COSTA COUNTY Printed on 8/20/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2361 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:RECEIVE this report concerning the final settlement of Minh Vu and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $122,540, as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Karen Caoile, Director of Risk Management Report Title:Final Settlement of Claim, Minh Vu vs. Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RECEIVE this report concerning the final settlement of Minh Vu and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $122,540. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $122,540. BACKGROUND: Attorney Regina McClellan, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Minh Vu vs. Contra Costa County. The Board's July 23, 2024 closed session vote was: Supervisors Gioia, Andersen, Burgis, Carlson and Glover - Yes. This action is taken so that the terms of this final settlement and the earlier July 23, 2024, closed session vote of this Board authorizing its negotiated settlement are known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2361,Version:1 CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2362 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:DENY claims filed by A.J.J., a minor; Debbie Sith-Calica; Jeffrey Calica; Jose H. Chavez Jr.; Alberto Galvan; Jerry Garcia; Polly Hancock; Marvin Harris; Alexander Hill; Eduard Kachan; Rodric P. Stanley Jr. (2); and Claude Zamanian. DENY amended claim filed by Claude and Alison Zamanian. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Claims ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: DENY claims filed by A.J.J., a minor; Debbie Sith-Calica; Jeffrey Calica; Jose H. Chavez Jr.; Alberto Galvan; Jerry Garcia; Polly Hancock; Marvin Harris; Alexander Hill; Eduard Kachan; Rodric P. Stanley Jr. (2); and Claude Zamanian. DENY amended claim filed by Claude and Alison Zamanian. FISCAL IMPACT: No fiscal impact. BACKGROUND: A.J.J., a minor: Personal injury claim related to altercation at school in the amount of $100,000,000. Debbie Sith-Calica: Personal injury claim related to an alleged dangerous condition in an amount to exceed $25,000. Jeffrey Calica: Personal injury claim related to an alleged dangerous condition in an amount to exceed $25,000. Jose H. Chavez Jr.: Property claim for damage to vehicle in the amount of $948.95. Alberto Galvan: Property claim for damage to vehicle in the amount of $4,000. Jerry Garcia: Personal injury claim related to vehicle accident in an amount to exceed $25,000. Polly Hancock: Property claim for damage to vehicle in the amount of $4,000. Marvin Harris: Personal injury claim related to tablet and legal documents in County Jail in the amount of $90,000. Alexander Hill: Civil rights claim related to excessive force at the West County Detention Facility in an amount to be determined. Eduard Kachan: Personal injury claim related to bus accident in an amount to exceed $35,000. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2362,Version:1 Rodric P. Stanley Jr.: Civil rights claim related to denial of telephone and jail conditions in the amount of $100,000. Rodric P. Stanley Jr.: Civil rights claim related to jail conditions and policy in the amount of $700,444. Claude Zamanian: Property claim for damage to vehicle in the amount of $563.01 Claude & Alison Zamanian: Amended claim for damage to vehicle in the amount of $563.01. CONSEQUENCE OF NEGATIVE ACTION: Not acting on the claims could extend the claimants’ time limits to file actions against the County. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2363 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Life Technologies Corporation in an amount not to exceed $63,665 to provide maintenance, extended warranty and repairs on forensic equipment for the period June 1, 2024 through June 30, 2025. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Life Technologies Corporation ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Life Technologies Corporation in the amount of $63,665 to provide maintenance, extended warranty and repairs on forensic equipment including the RapidHit ID Analyzer, 3500 Genetic Analyzers, Quant Studio 5 and Proflex for the Office of the Sheriff Forensic Services Division, for the period June 1, 2024 through June 30, 2025. FISCAL IMPACT: Approval of this request will result in a one-time expenditure of $63,665 and will be funded 100% by the General Fund. BACKGROUND: Life Technologies Corporation provides the Office of the Sheriff Forensic Services Division’s DNA Unit with forensic products, including specialized equipment for amplification of DNA extracts, as well as quantification and electrophoresis of forensic DNA evidence samples. Life Technologies Corporation products have demonstrated their reliability through validation as required by laboratory accreditation. The department is seeking approval of this retroactive contract due to unintentional oversight caused by the substantial number of new contracts the Office of the Sheriff is currently handling. The Terms and Conditions include a limitation of liability provision. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2363,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the Office of the Sheriff Forensic Services Division will be unable to service the instruments, which will cause the DNA Unit to be in non-compliance, which would impact accreditation and suspend DNA testing. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2364 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Mesa Laboratories, Inc. in an amount not to exceed $12,230 to provide usage, maintenance, data hosting and storage of forensic services temperature monitoring systems, for the period July 5, 2024 through July 4, 2027. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Mesa Laboratories, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Mesa Laboratories, Inc. in an amount not to exceed $12,230 to provide usage, maintenance, data hosting and storage for the Office of the Sheriff Forensic Services Division temperature monitoring systems, for the period July 5, 2024 through July 4, 2027. FISCAL IMPACT: Approval of this request will result in a one-time expenditure of $12,230 and will be funded 100% by the General Fund. BACKGROUND: Mesa Laboratories, Inc. provides the environmental monitoring system, ViewPoint Cloud, for the Office of the Sheriff Forensic Services Division refrigerators and freezers that ensures evidence and reagents are stored at optimum conditions. Viewpoint Cloud works to create a comprehensive integrated system for tracking and recording temperature with a high degree of accuracy. The Terms and Conditions include indemnification and limitation of liability provisions. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the Office of the Sheriff Forensic Services Division laboratory will lose the CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2364,Version:1 ability to track and accurately record storage temperatures for evidence and reagents, which is a requirement of accreditation. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2365 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Biotage LLC in an amount not to exceed $13,098, to provide preventative maintenance, extended warranty, and repairs for the Forensic Services Division’s automated liquid handling system, for the period December 5, 2023 through December 4, 2026. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Contract with Biotage, LLC ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Biotage, LLC to provide preventative maintenance, extended warranty and repairs for the Office of the Sheriff Forensic Services Division’s automated liquid handling system, in the amount of $13,098, for the period December 5, 2023 through December 4, 2026. FISCAL IMPACT: Approval of this request will result in a one-time expenditure of $13,098 and will be funded 100% by the General Fund. BACKGROUND: Biotage, LLC offers reliable and efficient scientific equipment that is necessary for processing forensic blood and urine samples in the Office of the Sheriff Forensic Services Division. Biotage, LLC manufactures the Extrahera, an automated liquid handling system, which is used in the analysis of blood and urine samples. The department is seeking approval of this retroactive contract due to unintentional oversight caused by the substantial number of new contracts the Office of the Sheriff is currently handling. The Terms and Conditions include indemnification and limitation of liability provisions. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2365,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, then the Office of the Sheriff Forensic Services Division’s laboratory will be out of compliance with maintenance of this equipment, which will increase the amount of time to provide Toxicology results of forensic samples. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2366 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Intoximeters, Inc. in an amount not to exceed $50,000 to provide service and repairs for breath alcohol instruments, for the period August 1, 2024 through July 30, 2027. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Contract with Intoximeters, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Intoximeters, Inc. in an amount not to exceed $50,000 to provide service and repairs for the Office of the Sheriff Forensic Services Division’s breath alcohol instruments, for the period August 1, 2024 through July 30, 2027. FISCAL IMPACT: Approval of this request will result in up to $50,000 in contractual service expenditures and will be funded 100% by the General Fund. BACKGROUND: The Office of the Sheriff Forensic Services Division Crime Laboratory is responsible for the evidential breath alcohol program for Contra Costa County. This includes the on-going maintenance of the evidential breath instruments used in driving under the influence of alcohol investigations. Intoximeters provides certified technicians that perform maintenance and repairs on the Intoximeter DMT instruments. The Terms of Sale and Terms of Use include indemnification and limitation of liability provisions. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the Office of the Sheriff Forensic Services Division Crime Laboratory will be unable to have the breath alcohol instruments repaired, which would result in the suspension of the breath alcohol program. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2367 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Forensic Technology, Inc. in an amount not to exceed $65,330 to provide preventive maintenance and ongoing servicing of forensic equipment used for processing firearm related evidence for the period October 15, 2024 through October 14, 2026. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Forensic Technology, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Forensic Technology, Inc. in an amount not to exceed $65,330 to provide preventive maintenance and service on the IBIS BrassTraxx Acquisition and IBIS Matchpoint Systems for the Office of the Sheriff Forensic Services Division, for the period October 15, 2024 through October 14, 2026. FISCAL IMPACT: Approval of this request will result in a one-time expenditure of $65,330 and will be funded 100% by the General Fund. BACKGROUND: Forensic Technology, Inc. (FTI) manufactures the IBIS BRASSTRAX Acquisition and IBIS MATCHPOINT systems. This equipment allows the Office of the Sheriff Forensic Services Division crime laboratory to capture images of firearms evidence and search the images in ATF’s National Integrated Ballistic Identification Network (NIBIN) to determine if evidence is associated with other incidents. FTI is the only company approved to manufacture or provide service to equipment on ATF’s NIBIN network. They also ensure on-going compliance with ATF and DOJ security regulations. The Terms and Conditions include indemnification and limitation of liability provisions. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2367,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the Office of the Sheriff Forensic Services Division crime laboratory will be unable to process firearms related evidence, which would result in suspension of entries into NIBIN. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2368 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with LeadsOnline LLC in an amount not to exceed $12,210 to provide annual support and maintenance for call and geolocation analysis software, for the period May 1, 2024 through April 30, 2025. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:LeadsOnline LLC ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with LeadsOnline LLC in the amount of $12,210 to provide annual support and maintenance to the CellHawk Phone Mapping and Analysis System, for the period May 1, 2024 through April 30, 2025. FISCAL IMPACT: Approval of this request will result in a one-time expenditure of $12,210 and will be funded 100% by the General Fund. BACKGROUND: CellHawk, which is powered by LeadsOnline, LLC, is a web-based investigative solution that plays a crucial role in law enforcement operations. The software suite enables detectives to conduct analysis of call detail records and digital location evidence from mobile devices to create a visual representation of a case. Detectives can utilize the software to spot possible patterns present within the evidence. CellHawk provides detectives with a tool to better present cellular records during court proceedings. It also provides agencies with a more efficient process and reduces the number of personnel hours required to complete a similar task. The ability to conduct the data analysis in-house simplifies the chain of custody associated with the phone records and maintains the integrity of the evidence. The department is seeking approval of this retroactive contract due to unintentional oversight caused by the substantial number of new contracts the Office of the Sheriff is currently handling. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2368,Version:1 This Subscription Services Agreement includes a limitation of liability provision. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the process for analyzing the incoming/outgoing calls and geolocations of suspects will take significantly longer to perform, causing the Office of the Sheriff Investigation Division to request assistance from the limited number of outside agencies that have access to software capable of performing these tasks. Even if an agency was willing to conduct the work as an outside assist, the access to the case material would be restricted due to the licensing restrictions CellHawk has in place. This impedes the efficiency of the Office of the Sheriff Investigation Division. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2369 Name: Status:Type:Consent Item Passed File created:In control:7/25/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Leica Geosystems in the amount of $8,000 to provide preventive maintenance, extended warranty, and repairs for forensic 3D laser scanners, for the period June 6, 2024 through June 5, 2025. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Leica Geosystems ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Leica Geosystems in the amount of $8,000 to provide preventive maintenance, extended warranty and repairs for the Office of the Sheriff Forensics Division’s 3D laser scanners, for the period June 6, 2024 through June 5, 2025. FISCAL IMPACT: Approval of this request will result in a one-time expenditure of $8,000 and will be funded 100% by the General Fund. BACKGROUND: Leica Geosystems provides a reality capture solution which empowers the user to document and capture environments in 3D with accuracy, efficiency and portability. Leica Geosystems manufactures the Leica 3D scanners used by the Office of the Sheriff Forensics Division, which are utilized when capturing high resolution images of crime scenes. The department is seeking approval of this retroactive contract due to unintentional oversight caused by the substantial number of new contracts the Office of the Sheriff is currently handling. The Terms and Conditions include a limitation of liability provision. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ File #:24-2369,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the Office of the Sheriff Forensics Division laboratory will be out of compliance with maintenance of the equipment, which will result in the inability to provide scanning services at crime scenes. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2370 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the Treasurer-Tax Collector (TTC) or designee to execute a contract amendment with Grant Street Group, Inc. to extend the term from September 16, 2023 to September 16, 2027, for processing of property tax payments by credit/debit card and electronic check payments and no increase to the payment limit. (No Fiscal Impact) Attachments:1. Memo to CAO_Grant Street Contract, 2. L-9. Grant Street - 09 Amendment and Extension Agreement_revised, 3. L-2. Approvals acknowledgment, 4. Amendment Specifications - GS Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Dan Mierzwa, Treasurer-Tax Collector Report Title:APPROVE and AUTHORIZE the Treasurer-Tax Collector (TTC) or designee to execute a contract amendment with Grant Street Group, Inc. to extend the term from September 16, 2023 to September 16, 2027, for processing of property tax payments by credit/debit card and electronic check payments and no increase to the payment limit. (No Fiscal Impact) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Treasurer-Tax Collector (TTC) or designee to execute a contract amendment with Grant Street Group, Inc. to extend the term from September 16, 2023 to September 16, 2027, for processing of property tax payments by credit/debit card and electronic check payments and no increase to the payment limit. (No Fiscal Impact) FISCAL IMPACT: Service fees will be paid by individual taxpayers using the system to make credit card/debit card payments. The county will not incur costs to accept credit/debit cards. The Automated Clearing House (ACH) validation will assess a $0.30 per ACH validation to the county. This service is intended to reduce ACH fraud as well as invalid ACH transactions and continue to allow TTC to be in compliance with the National Automated Clearing House Association (NACHA).There is no cost for the Grant Street’s Cashiering System. BACKGROUND: The Treasurer-Tax Collector accepts tax payments by credit/debit cards and electronic check payments utilizing Grant Street Group, CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.90 File #:24-2370,Version:1 Inc. In 2019, upon completion of an extensive Request for Proposal (“RFP”), TTC selected, approved by the Board of Supervisors, Grant Street Group, Inc. to process property tax payments by credit/debit cards and electronic check payments. Over the past four years, Grant Street Group, Inc. has successfully processed tax payments in accordance with the agreement, with no cost to the County for the Cashiering System. During the renewal process, Grant Street Group, Inc. requested to add a new fee for e-checks which would be passed on to taxpayers. The contract was delayed due to various factors: 1) E-check fee negotiations spanning several months, 2) Staffing shortages, and 3) COVID outbreaks. The discussion took months of negotiations, and the previous County Treasurer-Tax Collector agreed to increase fees. With support of the current Treasurer-Tax Collector, the fee remains at no cost to taxpayers. Under the contract, Grant Street Group, Inc. will continue to provide payment processing services for credit/debit cards and electronic checks payments. Fees for use of the system will be paid by individual taxpayers using the system to make credit card / debit card payments. The ACH validation will be assessed at $0.30 per ACH transaction which will be at cost to the County. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved, the Treasurer-Tax Collector’s office will not be able to continue accepting tax payments by credit card/debit card and e-checks. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ Form L-9 (Page 1 of 2) Contra Costa County CONTRACT AMENDMENT/EXTENSION Number: Standard Form L-9 AGREEMENT Fund/Org: Revised 2014 (Purchase of Services – Long Form) Account: Other: 1. Identification of Contract to be Extended. Number: 46593-00 Effective Date: September 17, 2023 Department: Treasurer – Tax Collector Subject: Electronic Payment Services 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Grant Street Group, Inc Capacity: Pennsylvia Corporation Address: 339 Sixth Avenue, Suite 1400 Pittsburgh, PA 15222 3. Amendment Date. The effective date of this Amendment/Extension Agreement is September 16, 2023 . 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the “Amendment Specifications” attached hereto which are incorporated herein by reference. 5. Extension of Term. The termination date of the above described contract is hereby extended from September 16, 2023 to a new termination date of September 16, 2027 , unless sooner terminated as provided in said contract. 6. Payment Limit Increase. The payment limit of the above described Contract is hereby increased by $ 0.00 , from $ 100,000 to a new total Contract Payment Limit of $ 100,000 . Form L-9 (Page 2 of 2) Contra Costa County CONTRACT AMENDMENT/EXTENSION Number: Standard Form L-9 AGREEMENT Fund/Org: Revised 2014 (Purchase of Services – Long Form) Account: Other: 7. Signatures. These signatures attest the parties’ agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS By: ___________________________________________ Chair/Designee ATTEST: Clerk of the Board of Supervisors By: ___________________________________________ Deputy CONTRACTOR Signature A Name of business entity: Grant Street Group, Inc. By: ___________________________________________ (Signature of individual or officer) ___________________________________________ (Print name and title A, if applicable) Signature B Name of business entity: Grant Street Group, Inc. By: ___________________________________________ (Signature of individual or officer) ___________________________________________ (Print name and title B, if applicable. Note to Contractor: For corporations (profit or nonprofit) and limited liability companies, the contract must be signed by two officers. Signature A must be that of the chairman of the board, president, or vice-president; and Signature B must be that of the secretary, any assistant secretary, chief financial officer or any assistant treasurer (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on F orm L-2. Initials: Contractor County Dept. Contra Costa County SERVICE PLAN OUTLINE Number 46593-00 (Purchase of Services - Long Form) The County and the Contractor hereby amend the Agreement, as follows: APPENDIX B. PAYMENT PROVISIONS. Appendix B (Payment Provisions) Section 1 of the Agreement, is hereby amended to add a new subsection (d) as follows: “d. County will pay Contractor a fee of $0.30 per ACH check validation. Grant Street Group, Inc shall invoice the County for ACH validation fees annually on each October 1 during the term of the Agreement.” Form L-2 (Page 1 of 1) Contra Costa County ACKNOWLEDGMENT/APPROVALS Number: Standard Form L-2 (Purchase of Services – Long Form) Revised 2014.2 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) COUNTY OF CONTRA COSTA ) On _____________________________ (Date), before me, (Name and Title of the Officer), personally appeared, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL. Signature of Notary Public Place Seal Above ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code §1189) APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED BY COUNTY COUNSEL By: _____________________________ By: _____________________________ Designee Deputy County Counsel APPROVED: COUNTY ADMINISTRATOR By: _____________________________ Designee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Initials: Contractor County Dept. Contra Costa County SERVICE PLAN OUTLINE Number 46593-00 (Purchase of Services - Long Form) The County and the Contractor hereby amend the Agreement, as follows: APPENDIX B. PAYMENT PROVISIONS. Appendix B (Payment Provisions) Section 1 of the Agreement, is hereby amended to add a new subsection (d) as follows: “d. County will pay Contractor a fee of $0.30 per ACH check validation. Grant Street Group, Inc shall invoice the County for ACH validation fees annually on each October 1 during the term of the Agreement.” 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:224-2371 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:APPROVE and AUTHORIZE the County Treasurer-Tax Collector, or designee, to execute a contract with First Corporate Solutions. Inc. in an amount not to exceed $50,000 to provide property title searches for the bi-annual tax sale public auctions for period of November 1, 2023 through October 31, 2026. (100% General Fund) Attachments:1. Contract Memo to CAO_First Corp Solutions 7.24.24, 2. L-1 Long Form - Purchase of Services- first corporate solutions - revised 7-15-24, 3. L-2 Approvals and Acknowledgement Form - First corporate solutions, 4. L-3 Service Plan Form - first corporate solutions-revised2_ 7-15-24, 5. L-4 Special Conditions - first corporate solutions-revised 7-15-24.pdf, 6. L-5 - General Conditions, 7. P-1 Fee Payment Provisions_First Corporate Solutions - revised 7-15-24 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 2 Pass 5:0 To:Board of Supervisors From:Dan Mierzwa, Treasurer-Tax Collector Report Title:APPROVE and AUTHORIZE the County Treasurer-Tax Collector, or designee, to execute a contract with First Corporate Solutions. Inc. in an amount not to exceed $50,000 to provide property title searches for the bi-annual tax sale public auctions for period of November 1, 2023 through October 31, 2026. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the County Treasurer-Tax Collector, or designee, to execute a contract with First Corporate Solutions. Inc. in an amount not to exceed $50,000 to provide property title searches for the bi-annual tax sale public auctions for period of November 1, 2023 through October 31, 2026. FISCAL IMPACT: The title search costs shall be deducted from the excess proceeds generated from the tax sales of properties. CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.91 File #:24-2371,Version:2 BACKGROUND: The County Treasurer -Tax Collector has the power to sell all or any portion of a tax-defaulted property.(Rev.&Tax.Code,§3691(a) (1)(A)).Before any such tax-defaulted property may be sold,the Treasurer-Tax Collector is required to send notice of the proposed sale by certified mail to the last known mailing address of parties of interest.(Rev.&Tax.Code,§3701(a).)The Treasurer-Tax Collector is required to make a reasonable effort to obtain the name and last known mailing address of parties of interest.(Rev.& Tax.Code,§3701(b).)To ensure that these requirements are satisfied,the Treasurer-Tax Collector must enter into a contract with First Corporate Solutions,Inc.,to conduct title searches for properties being offered at the tax sale public auctions,so the Treasurer- Tax Collector can secure the names and last known mailing addresses of any parties of interest for notice purposes. The County anticipates two public auctions every year in February and May.The costs vary for the reports generated for the February auctions and the May auctions; however, the three-year contract payment shall not exceed $50,000. The Contract includes modified indemnification. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved,the Treasurer-Tax Collector will be unable to gather the necessary information to notify parties of interest about the sale of their tax-defaulted property, as mandated by the Revenue and Taxation code. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™ Form L-1 (Page 1 of 2) Contra Costa County STANDARD CONTRACT Number: Standard Form L-1 (Purchase of Services – Long Form) Fund/Org: Revised 2014 Account: Other: 1. Contract Identification. Department: Treasurer – Tax Collector Subject: Real Property title search for properties offered at the tax sale public auction 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: First Corporate Solutions, Inc Capacity: Corporation Address: 914 S Street, Sacramento, CA 95811 3. Term. The effective date of this Contract is November 01, 2023 . It terminates on October 31, 2026 unless sooner terminated as provided herein. 4. Payment Limit. County’s total payments to Contractor under this Contract shall not exceed $ 50,000 . 5. County’s Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approv al documents of which are incorporated herein by reference. Non applicable Form L-1 (Page 2 of 2) Contra Costa County STANDARD CONTRACT Number: Standard Form L-1 (Purchase of Services – Long Form) Fund/Org: Revised 2014 Account: Other: 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Government Code 31000 10. Signatures. These signatures attest the parties’ agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS By: ___________________________________________ Chair/Designee ATTEST: Clerk of the Board of Supervisors By: ___________________________________________ Deputy CONTRACTOR Signature A Name of business entity: First Corporate Solutions, Inc. By: ___________________________________________ (Signature of individual or officer) ___________________________________________ (Print name and title A, if applicable) Signature B Name of business entity: First Corporate Solutions, Inc. By: ___________________________________________ (Signature of individual or officer) ___________________________________________ (Print name and title B, if applicable. Note to Contractor: For corporations (profit or nonprofit) and limited liability companies, the contract must be signed by two officers. Signature A must be that of the chairman of the board, president, or vice-president; and Signature B must be that of the secretary, any assistant secretary, chief financial officer or any assistant treasurer (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on F orm L-2. Form L-2 (Page 1 of 1) Contra Costa County ACKNOWLEDGMENT/APPROVALS Number: Standard Form L-2 (Purchase of Services – Long Form) Revised 2014.2 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) COUNTY OF CONTRA COSTA ) On _____________________________ (Date), before me, (Name and Title of the Officer), personally appeared, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL. Signature of Notary Public Place Seal Above ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code §1189) APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED BY COUNTY COUNSEL By: _____________________________ By: _____________________________ Designee Deputy County Counsel APPROVED: COUNTY ADMINISTRATOR By: _____________________________ Designee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Initials: Contractor County Dept. Form L-3 (Page 1 of 2) Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Revised 2008 SERVICE PLAN I. The Purpose of this Contract is to set forth the responsibilities of First Corporate Solutions, Inc. (Contractor) and Contra Costa County, on behalf of its Treasurer - Tax Collector Department (County), for conducting real property title search for properties that will be offered at the tax sale public auctions every year of the Contract. II. COUNTY OBLIGATIONS During the term of this Contract, County anticipates two tax sale public auctions every calendar year in February and May. At least forty-five (45) days before each scheduled tax sale Public Auction, the County shall provide the Contractor a list of parcels that will be offered at the upcoming public auction. The list of parcels shall include the following information for each parcel: the defaulted year, parcel number, Assessee name and situs address. III. CONTRACTOR’S OBLIGATIONS A. Within thirty (30) days of receipt of the list of parcels to be sold at the first tax sale public auction in a calendar year (February), Contractor shall perform real property title search for all listed parcels and provide the following information: a. A detailed Parties of Interest Title report for each parcel, which will include parcel number, property address, record type, recorded date, document number, and amounts; b. Electronic and hard copies of each report for each parcel, including all relevant documents found associated with each parcel; c. Comprehensive electronic data file for each parcel, including but not limited to parties of interest, contact information, lienholders, bankruptcy records, and probate records; d. A list of owners of parcels for the last ten (10) years for tax liens and judgments; e. Tax deed(s) with deed chain dating back at least forty (40) years; and f. Documents related to ownership or monetary encumbrances, including but not limited to bankruptcy, probate, IRS liens, state tax liens, county tax liens, property tax postponement lien, California Department of Toxic Substances Control’s Environment, special assessments that include 1915 Improvement Bond Act, Mello Roos, PACE/HERO Program and Recorded evidence of substandard dwelling, abatement actions, or other matters that would deem parcel substandard. B. Within thirty (30) days of receipt of the list of parcels to be sold at the second tax sale public auction in a calendar year (May), Contractor shall perform an updated title search for all listed parcels and provide the following information: a. An updated title search report, including any new information not previously included for the parcel prior to the February tax sale public auction; Initials: Contractor County Dept. Form L-3 (Page 2 of 2) b. Electronic and hard copies of each updated title search report for each parcel, including all new relevant documents found associated with each parcel; c. Documents related to ownership or monetary encumbrances, including but not limited to bankruptcy, probate, IRS liens, state tax liens, county tax liens, property tax postponement lien, California Department of Toxic Substances Control’s Environment, special assessments that include 1915 Improvement Bond Act, Mello Roos, PACE/HERO Program and Recorded evidence of substandard dwelling, abatement actions, or other matters that would deem parcel substandard. IV. PAYMENT PROVISIONS Subject to the Payment Limit of the Contract: A. County will pay Contractor a fee of $175 per parcel for all information identified in Section III(A) of this Service Plan; and B. County will pay Contractor a fee of $50 per parcel for all information identified in Section III(B) of this Service Plan. Form L-4 (Page 1 of 1) Contra Costa County Number Standard Form L-4 Revised 2014 SPECIAL CONDITIONS (Purchase of Services - Long Form) Paragraph 18, INDEMNIFICATION, is deleted in its entirety and replaced with the following paragraph: 18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death, or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcont ractors, or any persons under its direction or control to the limits of the Contractor’s insurance . If requested by County, Contractor will defend any such suits at its sole cost and expense to the limits of the Contractor’s insurance. If County elects to provide its own defense, Contractor will reimburse County for any expenditures, including reasonable attorney’s fees and costs to the limits of the Contractor’s insurance. Contractor’s obligations under this section exist regardless of concurrent negligenc e or willful misconduct on the part of the County or any other person; provided, however, that Contractor is not required to indemnify County for the proportion of liability a court determines is attributable to the sole negligence or willful misconduct of the County, its officers and employees. This provision will survive the expiration or termination of this Contract. Paragraph 25, Copyrights, Rights in Data, and Works Made for hire., is deleted in its entirety and replaced with the following: 25. Copyrights, Rights in Data, and Works Made for Hire. Contractor will not publish or transfer any materials produced or resulting from activities supported by this Contract without the express written consent of the County Administrator. All reports, original drawings, graphics, plans, studies and other data and documents, in whatever form or format, assembled or prepared by Contractor or Contractor’s subcontractors, consultants, and other agents in connection with this Contract are “works made for hire” (as defined in the Copyright Act, 17 U.S.C. Section 101 et seq., as amended) for County, and Contractor unconditionally and irrevocably transfers and assigns to County all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. Unless required by law, Contractor shall not publish, transfer, discuss, or disclose any of the above -described works made for hire or any information gathered, discovered, or generated in any way through this Agreement, without County’s prior express written consent. If any of the works made for hire is subject to copyright protection, County reserves the right to copyright such works and Contractor agrees not to copyright such works. If any works made for hire are copyrighted, County reserves a royalty-free, irrevocable license to reproduce, publish, and use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 1 of 7) 1. Compliance with Law. Contractor is subject to and must comply with all applicable federal, state, and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment, and purchasing practices; and wages, hours, and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business, and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor must keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor must retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this Contract's funding period. Upon request, Contractor must make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor must, upon written request and until the expiration of five years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Health and Human Services, or the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract must contain a clause to the effect that upon written request and until the expiration of five years after the furnishing of services pursuant to such subcontract, the subcontractor must make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This provision is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor must include in all documents and written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section applies only if the Payment Limit of this Contract exceeds $5,000. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 2 of 7) 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance will be deducted from any sum due Contractor under this Contract, without prejudice to County's rights to recover damages. c. Cessation of Funding. Notwithstanding any contrary language in Paragraphs 5 and 11, in the event that federal, state, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract will be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be clarified in a written letter signed by Contractor and the department head, or designee, of the county department on whose behalf this Contract is made. No written clarification prepared pursuant to this Section will operate as an amendment to, or be considered to be a part of, this Contract. 8. Modifications and Amendments. a. General Amendments. In the event that the total Payment Limit of this Contract is less than $200,000 and this Contract was executed by the County’s Purchasing Agent, this Contract may be modified or amended by a written document executed by Contractor and the County’s Purchasing Agent or the Contra Costa County Board of Supervisors, subject to any required state or federal approval. In the event that the total Payment Limit of this Contract exceeds $200,000 or this Contract was initially approved by the Board of Supervisors, this Contract may be modified or amended only by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval. b. Minor Amendments. The Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not increase the Payment Limit of this Contract or reduce the services Contractor is obligated to provide pursuant to this Contract. 9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 3 of 7) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and is governed by, and must be construed in accordance with, the laws of the State of California. b. Any action relating to this Contract must be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract will be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, do not relieve Contractor's obligation to fulfill this Contract as prescribed; nor is the County thereby prevented from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. The parties intend that Contractor, in performing the services specified herein, is acting as an independent contractor and that Contractor will control the work and the manner in which it is performed. This Contract is not to be construed to create the relationship between the parties, or between County and any Contractor employee, of agent, servant, employee, partnership, joint venture, or association. Neither Contractor, nor any of its employees, is a County employee. This Contract does not give Contractor, or any of its employees, any right to participate in any pension plan, workers’ compensation plan, insurance, bonus, or similar benefits County provides to its employees. In the event that County exercises its right to terminate this Contract, Contractor expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees. 15. Conflicts of Interest. Contractor covenants that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract, no person having any such interests will be employed by Contractor. If requested to do so by County, Contractor will complete a “Statement of Economic Interest” form and file it with County and will require any other person doing work under this Contract to complete a “Statement of Economic Interest” form and file it with County. Contractor covenants that Contractor, its employees and officials, are not now employed by County and have not been so employed by County within twelve months immediately preceding this Contract; or, if so employed, did not then and do not now occupy a position that would create a conflict of interest under Government Code section 1090. In Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 4 of 7) addition to any indemnity provided by Contractor in this Contract, Contractor will indemnify, defend, and hold the County harmless from any and all claims, investigations, liabilities, or damages resulting from or related to any and all alleged conflicts of interest. Contractor warrants that it has not provided, attempted to provide, or offered to provide any money, gift, gratuity, thing of value, or compensation of any kind to obtain this Contract. 16. Confidentiality. To the extent allowed under the California Public Records Act, Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that no person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract will be available to all qualified persons regardless of age, gender, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none will be used, in whole or in part, for religious worship. 18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death, or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control. If requested by County, Contractor will defend any such suits at its sole cost and expense. If County elects to provide its own defense, Contractor will reimburse County for any expenditures, including reasonable attorney’s fees and costs. Contractor’s obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of the County or any other person; provided, however, that Contractor is not required to indemnify County for the proportion of liability a court determines is attributable to the sole negligence or willful misconduct of the County, its officers and employees. This provision will survive the expiration or termination of this Contract. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Commercial General Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor will provide commercial general liability insurance, including coverage for business losses and for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance must be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this Contract. Said policies must constitute primary insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 5 of 7) them or their self-insurance program(s) will not be required to contribute to any loss covered under Contractor’s insurance policy or policies. Contractor must provide County with a copy of the endorsement making the County an additional insured on all commercial general liability policies as required herein no later than the effective date of this Contract. For all contracts where the total payment limit is greater than $500,000, the aforementioned insurance coverage to be provided by Contractor must have a minimum combined single limit coverage of $1,000,000. b. Workers' Compensation. Contractor must provide workers' compensation insurance coverage for its employees. c. Certificate of Insurance. The Contractor must provide County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor must provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. No later than five days after Contractor’s receipt of: (i) a notice of cancellation, a notice of an intention to cancel, or a notice of a lapse in any of Contractor’s insurance coverage required by this Contract; or (ii) a notice of a material change to Contractor’s insurance coverage required by this Contract, Contractor will provide Department a copy of such notice of cancellation, notice of intention to cancel, notice of lapse of coverage, or notice of material change. Contractor’s failure to provide Department the notice as required by the preceding sentence is a default under this Contract 20. Notices. All notices provided for by this Contract must be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County must be addressed to the head of the county department for which this Contract is made. Notices to Contractor must be addressed to the Contractor's address designated herein. The effective date of notice is the date of deposit in the mails or of other delivery, except that the effective date of notice to County is the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. In the event of a conflict between the General Conditions and the Special Conditions, the General Conditions govern unless the Special Conditions or Service Plan expressly provide otherwise. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and Contractor waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 6 of 7) 24. No Third-Party Beneficiaries. Nothing in this Contract may be construed to create, and the parties do not intend to create, any rights in third parties. 25. Copyrights, Rights in Data, and Works Made for Hire. Contractor will not publish or transfer any materials produced or resulting from activities supported by this Contract without the express written consent of the County Administrator. All reports, original drawings, graphics, plans, studies and other data and documents, in whatever form or format, assembled or prepared by Contactor or Contractor’s subcontractors, consultants, and other agents in connection with this Contract are “works made for hire” (as defined in the Copyright Act, 17 U.S.C. Section 101 et seq., as amended) for County, and Contractor unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. Unless required by law, Contractor shall not publish, transfer, discuss, or disclose any of the above-described works made for hire or any information gathered, discovered, or generated in any way through this Agreement, without County’s prior express written consent. If any of the works made for hire is subject to copyright protection, County reserves the right to copyright such works and Contractor agrees not to copyright such works. If any works made for hire are copyrighted, County reserves a royalty-free, irrevocable license to reproduce, publish, and use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so. 26. Endorsements. In its capacity as a contractor with Contra Costa County, Contractor will not publicly endorse or oppose the use of any particular brand name or commercial product without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit. a. If Contractor expends $750,000 or more in federal grant funds in any fiscal year from any source, Contractor must provide to County, at Contractor's expense, an audit conforming to the requirements set forth in the most current version of Code of Federal Regulations, Title 2, Part 200, Subpart F. b. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, but the grant imposes specific audit requirements, Contractor must provide County with an audit conforming to those requirements. c. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year except as required by Code of Federal Regulations, Title 2, Part 200, Subpart F. Contractor shall make its records available for, and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office , the pass-through entity and/or the County. If an audit is required, Contractor must provide County with the audit. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 7 of 7) d. With respect to the audits specified in sections (a), (b) and (c) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is greater, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and to perform the obligations set forth herein. 29. No Implied Waiver. The waiver by County of any breach of any term or provision of this Contract will not be deemed to be a waiver of such term or provision or of any subsequent breach of the same or any other term or provision contained herein. Initials: Contractor County Dept. Form P-1 (Page 1 of 1) Contra Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts - Long and Short Form) Revised 2008 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only.] a. $ monthly, or b. $ per unit, as defined in the Service Plan, or c. $ after completion of all obligations and conditions herein. d. Other: As set forth in Payment Provisions Section IV, of the attached Service Plan. 2. Payment Demands. Contractor shall submit written demands for payment on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission . If County is unable to obtain reimbursement from the State of California as a result of Contractor’s failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when, in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-2372 Name: Status:Type:Consent Item Passed File created:In control:7/24/2024 BOARD OF SUPERVISORS On agenda:Final action:8/6/2024 8/6/2024 Title:AUTHORIZE the discharge from accountability for the collection of taxes, penalty, interest, or any other charge pertaining thereto, owing on various delinquent Secured and Unsecured tax bills totaling $3,585,756, as recommended by the Treasurer-Tax Collector. Attachments:1. Accounts - Individuals Deceased, 2. Accounts - Companies Defunct, 3. Accounts - Redemption, 4. Accounts - Over 30-years Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS8/6/2024 1 Pass 5:0 To:Board of Supervisors From:Dan Mierzwa, Treasurer-Tax Collector Report Title:Request for and Authorization of Discharge of Accountability for Delinquent Taxes Determined to be Uncollectable ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: AUTHORIZE the discharge from accountability for the collection of taxes, penalty, interest, or any other charge pertaining thereto, owing on various delinquent Secured (Redemption) and Unsecured tax bills, in accordance with California Revenue and Taxation Code Sections 2195, 2611.1 and 2923; California Government Code Sections 25257, 25258, 25259; and Administrative Bulletin 207.7 Section VII. Such discharge would not release the person(s) named herein from the payments of any amounts that are due and owing. FISCAL IMPACT: No fiscal impact. A listing of those persons having failed to pay their delinquent Secured or Unsecured taxes, penalty, interest and other related charges in the aggregate sum of $ 3,585,755.63 is maintained in the Treasurer-Tax Collector's Office. Such discharge does not release these persons named from the payment of any amounts, which are due, and owing. BACKGROUND: The Treasurer-Tax Collector's office has determined that the charges associated with these tax bills are no longer recoverable due to one or more of the following reasons: the accounts are being discharged in Bankruptcy; the business is closed according to the Board of Equalization, Secretary of State or as determined by the County Assessor; the taxes are beyond statute of limitations for CONTRA COSTA COUNTY Printed on 8/20/2024Page 1 of 2 powered by Legistar™ C.92 File #:24-2372,Version:1 seizure and sale; the Tax Sale Identification Number is greater than 30 years old; the tax lien ceases to exist and the tax is conclusively presumed to be paid. All collection attempts have been unsuccessful; the assessee cannot be located or collected upon due to extenuating circumstances; or the likelihood of collection does not warrant the expense involved tax lien on property ceases to exist and the tax is conclusively presumed to be paid. Based on the stated facts, the County Treasurer-Tax Collector requests the discharge of accountability for those accounts and parcels determined to be uncollectible. CONSEQUENCE OF NEGATIVE ACTION: Approval of the recommended action will allow the Treasurer-Tax Collector to identify these accounts from our computer system as discharged of accountability thereby creating: An accurate inventory of recoverable accounts; a more manageable case load for the staff; elimination of redundant research by the staff; a better work distribution to staff. CONTRA COSTA COUNTY Printed on 8/20/2024Page 2 of 2 powered by Legistar™